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113-hr-4157
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I 113th CONGRESS 2d Session H. R. 4157 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Crawford (for himself, Mr. Costa , Mr. Terry , and Mr. McIntyre ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Transportation and Infrastructure , Agriculture , and Science, Space, and Technology , 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 protect the information of livestock producers, and for other purposes.
1. Short title This Act may be cited as the Farmer Identity Protection Act . 2. Findings Congress finds that— (1) United States livestock producers supply a vital link in the food supply of the United States, which is listed as a critical infrastructure by the Secretary of Homeland Security; (2) domestic terrorist attacks have occurred at livestock operations across the United States, endangering the lives and property of people of the United States; (3) livestock operations in the United States are largely family owned and operated with most families living at the same location as the livestock operation; (4) State governments and agencies are the primary authority in almost all States for the protection of water quality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (5) State agencies maintain records on livestock operations and have the authority to address water quality issues where needed; and (6) there is no discernible environmental or scientifically research-related need to create a database or other system of records of livestock operations in the United States by the Administrator. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Agency The term Agency means the Environmental Protection Agency. (3) Livestock operation The term livestock operation includes any operation involved in the raising or finishing of livestock and poultry. 4. Procurement and disclosure of information (a) Prohibition Except as provided in subsection (b), the Administrator, any officer or employee of the Agency, or any contractor or cooperator of the Agency, shall not disclose the information of any owner, operator, or employee of a livestock operation provided to the Agency by a livestock producer or a State agency in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or any other law, including— (1) names; (2) telephone numbers; (3) email addresses; (4) physical addresses; (5) Global Positioning System coordinates; or (6) other identifying information regarding the location of the owner, operator, livestock, or employee. (b) Effect Nothing in this Act affects— (1) the disclosure of information described in subsection (a) if— (A) the information has been transformed into a statistical or aggregate form at the county level or higher without any information that identifies the agricultural operation or agricultural producer; or (B) the livestock producer consents to the disclosure; (2) the authority of any State agency to collect information on livestock operations; (3) the authority of the Agency to disclose the information on livestock operations to State or other Federal governmental agencies; or (4) the authority of the Agency to maintain the National Pollutant Discharge Elimination System permit program’s public notice and comment process. (c) Condition of permit or other programs The approval of any permit, practice, or program administered by the Administrator shall not be conditioned on the consent of the livestock producer under subsection (b)(1)(B).
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113-hr-4158
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I 113th CONGRESS 2d Session H. R. 4158 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Roskam (for himself, Mr. Jordan , Mr. Hensarling , Mr. Mulvaney , Mr. Meadows , Mr. Rice of South Carolina , Mr. Stutzman , Mr. Yoho , Mrs. Bachmann , Mr. Fleming , Mr. Graves of Georgia , Mr. Gowdy , Mrs. Lummis , Mrs. Black , Mrs. Blackburn , Mr. Chaffetz , Mr. Kelly of Pennsylvania , Mr. Lamborn , Mr. Lance , Mr. Murphy of Pennsylvania , Mr. McHenry , Mrs. Noem , Mr. Ribble , Mr. Roe of Tennessee , Mr. Rooney , Mr. Tiberi , Mr. Walberg , Mr. Webster of Florida , Mr. Southerland , Ms. Ros-Lehtinen , Mr. Harris , Ms. Herrera Beutler , Mr. Messer , Mr. Duncan of South Carolina , Mr. Rodney Davis of Illinois , Mr. Byrne , and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Natural Resources , Education and the Workforce , Ways and Means , Oversight and Government Reform , House Administration , the Judiciary , Rules , and 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 establish the Office of the Special Inspector General for Monitoring the Affordable Care Act, and for other purposes.
1. Short title This Act may be cited as the Special Inspector General for Monitoring the ACA Act of 2014 or the SIGMA Act of 2014 . 2. Special Inspector General for Monitoring the Affordable Care Act (a) Office of Special Inspector General There is hereby established the Office of the Special Inspector General for Monitoring the Affordable Care Act (in this section, referred to as the Office ) to carry out the duties described under subsection (e). (b) Appointment of Inspector General; removal (1) Appointment The head of the Office is the Special Inspector General for Monitoring the Affordable Care Act (in this section referred to as the Special Inspector General ), who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The appointment of the Special Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, healthcare expertise and financing, public administration, or investigations. (3) Deadline for appointment The appointment of an individual as the Special Inspector General shall be made not later than 30 days after the date of the enactment of this Act. (4) Compensation The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Prohibition on political activities For purposes of section 7324 of title 5, United States Code, the Special Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) Removal The Special Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.). (c) Assistant Inspectors General The Special Inspector General shall, in accordance with applicable laws and regulations governing the civil service— (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to the duties described under subsection (e); and (2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such duties. (d) Supervision (1) In general Except as provided under paragraph (2), the Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of Health and Human Services. (2) Independence to conduct investigations and audits No employee or officer of any of the following entities shall prevent or prohibit the Special Inspector General from initiating, carrying out, or completing any audit or investigation related to the duties described under subsection (e) or from issuing any subpoena during the course of any such audit or investigation: (A) The Executive Office of the President and the Office of Personnel Management. (B) The Department of Health and Human Services. (C) The Department of the Treasury. (D) The Social Security Administration, the Department of Homeland Security, the Department of Veterans Affairs, the Department of Defense, the Department of Labor, and the Peace Corps. (E) Any other Federal agency involved in implementing or administering the Affordable Care Act. (e) Duties (1) Oversight of the implementation and administration of the affordable care act It shall be the duty of the Special Inspector General to conduct, supervise, and coordinate audits and investigations of the implementation and administration of programs and activities established under, and payment system changes made by, the Affordable Care Act, including by collecting and summarizing the following: (A) A description of the individual mandate requirement for applicable individuals to maintain minimum essential coverage or pay a penalty under section 5000A of the Internal Revenue Code of 1986, including a description of the number of individuals maintaining such coverage and the number of individuals paying such penalties. (B) A description of any increases or decreases in— (i) premiums for qualified health plans (as defined in section 1301 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021 )); (ii) deductibles under qualified health plans; and (iii) cost-sharing under qualified health plans, including by co-payments and co-insurance, affecting individuals enrolling in coverage under such plans through an Exchange established under title I of the Patient Protection and Affordable Care Act (including a State-run Exchange, a federally administered Exchange, and a Small Business Health Options Program). (C) A description of any increases or decreases in the maximum out-of-pocket costs affecting individuals enrolling in qualified health plans through such a State-run Exchange, a federally administered Exchange, and a Small Business Health Options Program. (D) A description of any increases or decreases in the size of physician and other health care provider networks affecting individuals enrolling in qualified health plans through such a State-run Exchange, a federally administered Exchange, and a Small Business Health Options Program. (E) A description of any type of health insurance coverage lost because of the treatment under title I of the Patient Protection and Affordable Care Act of grandfathered health plans (as defined in section 1251(e) of such Act ( 42 U.S.C. 18011(e) )). (F) A description of any credits under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082 )) and any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) (and the amount (if any) of the advance payment of the reduction under section 1412 of such Act (42 U.S.C. 18082)) provided to individuals enrolling under qualified health plans through an Exchange established under title I of the Patient Protection and Affordable Care Act. (G) A description of any projections, estimates, analysis, goals, or targets made by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act with respect to the enrollment of individuals in a qualified health plan through an Exchange established under title I of the Patient Protection and Affordable Care Act. (H) A description of the employer mandate requirement that applicable large employers provide eligible employees with minimum essential coverage or pay a fine under section 4980H of the Internal Revenue Code of 1986, including a description of the type and number of employers providing such coverage and the type and number of employers paying such fines. (I) A description of any projections, estimates, analysis, goals, or targets made by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act with respect to employers providing minimum essential coverage to applicable employees. (J) A description of any reports, meetings, discussions, or materials of any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act relating to any employers converting full-time employees to part-time employees or hiring new part-time employees instead of full-time employees for the purposes of avoiding the fines provided for under the employer mandate requirement described in subparagraph (H). (K) A description of any reports, meetings, discussions, or materials of any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act relating to any employers hiring no more than 50 employees for the purposes of avoiding the requirement to provide minimum essential coverage or pay a fine under the employer mandate requirement described in subparagraph (H). (L) A description of any reports, meetings, discussions, or materials of any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act relating to any employers dropping the health insurance coverage offered to their employees, or employees’ spouses or dependents, for the purposes of avoiding the requirement to provide minimum essential coverage or pay a fine under the employer mandate requirement described in subparagraph (H). (M) A description of the transitional reinsurance program established under section 1341 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18061 ), including a description of reinsurance contributions collected or required to be collected under such program, a description of any reinsurance payments made or required to be made to health insurance issuers under such program, a description of the health insurance coverage and related costs for high-cost individuals for plans related to such program, an explanation of the impact of such reinsurance program on adverse selection in the marketplace, and an explanation of any premium-stabilizing effects of such program. (N) A description of the temporary risk corridors for qualified health plans established under section 1342 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18062 ), including a description of participating plans and the allowable costs and target amounts of such plans, a description of risk corridor ratios of such plans, and a description of payment adjustments made under such program. (O) A description of the permanent risk adjustment program established under section 1343 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18063 ), including a description of any plans participating in such program, a description of any risk adjustment payments made or required to be made under such program, a description of the health insurance coverage and related costs for high-cost individuals for plans related to such program, an explanation of the impact of such program on adverse selection in the marketplace, and an explanation of any premium-stabilizing effects of such program. (P) A list of all contracts awarded under the Affordable Care Act and an analysis of whether Federal contracting procedures were followed when awarding any contract associated with such Act. (Q) A description of the development of the health insurance marketplace for the Internet portal established under section 1103 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18003 ), including a description of the design, features, and security systems of such web portal and a description of all costs associated with such development. (R) A description of any threats, risks, problems, or functionality issues identified by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act prior to the launch of such web portal on October 1, 2013. (S) A description of any decisionmaking or activities by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act in response to such threats, risks, problems, or functionality issues. (T) A description of the systems (on the Federal and State levels) in place or in development to allow health insurance issuers and plans and government entities to verify information is accurate for purposes of enrollments in qualified health plans through Exchanges established under title I of the Patient Protection and Affordable Care Act, including that data verification and validation can occur with respect to information provided or stored by individuals, the Department of Health and Human Services, the qualified health plans, States, and other applicable Federal agencies, including for purposes of credits under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082)) and any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) (and the amount (if any) of the advance payment of the reduction under section 1412 of such Act ( 42 U.S.C. 18082 )). (U) A description of the development of the Federal Data Services Hub, including its design, features, and security systems, and a description of the type of data accessed through such data hub, and a description of the actual storage location of such data accessed through such data hub. (V) A list of the duties and responsibilities assigned to the Internal Revenue Service as a result of the enactment of the Affordable Care Act, a description of any plans of the Internal Revenue Service for how to carry out such duties, and an explanation of the resources and personnel required to carry out such duties, including a description of any new resources or personnel required to carry out such duties not already available to the Internal Revenue Service. (W) A description of any plans of the Internal Revenue Service to verify the eligibility of individuals enrolling in qualified health plans for any credits under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082 )) and any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) (and the amount (if any) of the advance payment of the reduction under section 1412 of such Act ( 42 U.S.C. 18082 )), including a description of any such verification completed and a description of any such individuals determined to be ineligible. (X) A description of any plans by the Internal Revenue Service to calculate the amount of overpayment of any such credit or reduction for which an individual enrolled in a qualified health plan was determined to be ineligible, including a description of any such calculations completed. (Y) A description of any plans by the Internal Revenue Service to notify individuals determined to be ineligible for such credits or reductions, including a description of such notifications completed. (Z) A description of any plans by the Internal Revenue Service to recapture such overpayments of such credits and reductions for individuals determined to be ineligible, including a description of such recapturing completed. (AA) A description of the impact of the Affordable Care Act on the right of conscience, including on— (i) religious employers and institutions that were not exempted from the mandate issued by the Department of Health and Human Services requiring individual and group health plans to cover sterilization and Food and Drug Administration approved contraceptives; (ii) individuals; and (iii) medical professionals. (BB) A description of abortion coverage offered under qualified health plans purchased through State-run Exchanges, federally administered Exchanges, and Small Business Health Options Programs, including costs associated with such coverage. (CC) A description of any actions by departments or agencies of the Federal Government to delay the programs or activities authorized by the Affordable Care Act, including an explanation from the head of such department or agency of the specific authority used to implement such a delay. (DD) A description of the Independent Payment Advisory Board under section 1899A of the Social Security Act ( 42 U.S.C. 1395kkk ) and any actions taken to alter or reduce the use of medical products, treatments or procedures, including an explanation from the Independent Payment Advisory Board of the reasons for taking such actions, whether such actions could be expected to result in worsened medical outcomes for individuals effected by such alterations or reductions, and an explanation of the medical information used to determine whether such alterations or reductions could be expected to result in such worsened outcomes. (EE) A description of individuals enrolled in the Medicaid program under title XIX of the Social Security Act through an Exchange established under title I of the Patient Protection and Affordable Care Act, including a description of the cost of health care services utilized by such individuals and a description of the cost to States and the cost to the Federal Government to provide health care services to such individuals. (FF) Any additional topic related to the implementation and administration of the Affordable Care Act, the inclusion of which helps to provide the public a full and objective accounting of such law. (2) Data to be included In carrying out the duties described under paragraph (1), the Special Inspector General shall collect and summarize data described under such paragraph according to each type of insurance marketplace and according to the age and gender of individuals enrolling in coverage under qualified health plans through an Exchange established under title I of the Patient Protection and Affordable Care Act. (3) Other duties related to oversight The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duties described under paragraph (1). (4) Duties and responsibilities under the Inspector General Act of 1978 In addition to the duties described under paragraphs (1) and (2), the Special Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978 (5 U.S.C. App.). (f) Coordination of efforts In carrying out the duties, responsibilities, and authorities of the Special Inspector General under this section, the Special Inspector General shall coordinate with, and receive the cooperation of each of the following: (1) The Inspector General of the Department of Health and Human Services. (2) The Inspector General of the Department of the Treasury. (3) The Inspectors General of the Social Security Administration, the Department of Homeland Security, the Department of Veterans Affairs, the Department of Defense, the Department of Labor, and the Peace Corps. (4) The inspector general of any other Federal entity, as determined by the Special Inspector General. (g) Powers and authorities (1) Authority to access materials, request information, compel response, and other authorities under the Inspector General Act of 1978 In carrying out the duties described under subsection (e), the Special Inspector General shall have all of the authorities provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). (2) Exemption from requirement for initial determination by Attorney General For purposes of section 6(e) of the Inspector General Act of 1978 (5 U.S.C. App.), the Special Inspector General shall be considered exempt from the requirement of an initial determination of eligibility by the Attorney General under paragraph (2) of such section. (3) Audit standards The Special Inspector General shall carry out the duties specified under subsection (e)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.). (h) Personnel, facilities, and other resources (1) Personnel The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (2) Employment of experts and consultants The Special Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title. (3) Contracting authority To the extent and in such amounts as may be provided in advance by appropriations Acts, the Special Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Special Inspector General. (4) Resources The Secretary of Health and Human Services shall provide the Special Inspector General with appropriate and adequate office space at appropriate locations of the Department of Health and Human Services together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein. (5) Assistance from Federal agencies (A) In general Upon request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government (including any entity listed under subsection (d)(2)), the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Special Inspector General, or an authorized designee. (B) Reporting of refused assistance (i) Reporting to Health and Human Services and Congress In accordance with clause (ii), as the case may be, whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall report the circumstances to the Secretary of Health and Human Services and to the appropriate congressional committees without delay. (ii) Reporting to the public on refusal or noncooperation in transparency Whenever any information described in clause (i) is requested by the Special Inspector General and unreasonably refused or not provided, the report to the Secretary of Health and Human Services and the appropriate congressional committees shall be titled Notice of Refusal or Noncooperation in Transparency and shall be published on a publicly available website in an accessible format without delay. (6) Use of personnel, facilities, and other resources of the Office Upon the request of the Special Inspector General, an Inspector General— (A) may detail, on a reimbursable basis, any of the personnel of the Office for the purpose of carrying out this section; and (B) may provide, on a reimbursable basis, any of the facilities or other resources of the Office for the purpose of carrying out this section. (i) Reports (1) Initial report Not later than 120 days after the date of the enactment of this Act, the Special Inspector General shall submit to the appropriate congressional committees and the Secretary of Health and Human Services a report summarizing, for the period beginning on the date of the enactment of the Health Care and Education Reconciliation Act of 2010 and ending on the completion of a fiscal year quarter after the date of enactment of this Act, the activities during such period of the Special Inspector General required under subsection (e). (2) Quarterly reports Beginning with the first full fiscal year quarter after the date of the enactment of this Act, not later than 30 days after the end of each fiscal year quarter, during which the Affordable Care Act is in effect, the Special Inspector General shall submit to the appropriate congressional committees and the Secretary of Health and Human Services a report summarizing, for the period of that quarter and, to the extent possible, the period from the end of such quarter to the time of the submission of the report, the activities during such period of the Special Inspector General required under subsection (e). (3) Comments on report Not later than 30 days after receipt of a report under this subsection, the Secretary of Health and Human Services shall submit to the appropriate congressional committees any comments on the matters covered by the report. (4) Public availability The Special Inspector General shall publish on a publicly available website each report described under this subsection and any comments on the matters covered by the report submitted pursuant to paragraph (3). (5) Protected information To the extent possible, information submitted in any report required under this subsection shall be in a form that is not prohibited from disclosure under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974). (6) Aggregated information The Special Inspector General shall, to the maximum extent possible, aggregate any personally identifiable information submitted in a report required under this subsection. (j) Termination The Office of the Special Inspector General shall terminate on the date on which the final report required by subsection (h) is submitted for the last year the Affordable Care Act is in effect. (k) Definitions In this section: (1) Affordable Care Act The term Affordable Care Act means the Patient Protection and Affordable Care Act and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committees on Appropriations, Budget, Education and the Workforce, Energy and Commerce, Homeland Security, Judiciary, Oversight and Government Reform, Small Business, and Ways and Means of the House of Representatives; and (B) the Committees on Appropriations, Budget, Commerce, Science, and Transportation, Finance, Health, Education, Labor, and Pensions, Homeland Security and Governmental Affairs, Judiciary, and Small Business and Entrepreneurship of the Senate.
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113-hr-4159
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I 113th CONGRESS 2d Session H. R. 4159 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Ms. Eddie Bernice Johnson of Texas (for herself, Mr. George Miller of California , Mr. Hoyer , Ms. Lofgren , Mr. Lipinski , Ms. Edwards , Ms. Wilson of Florida , Ms. Bonamici , Mr. Swalwell of California , Mr. Maffei , Mr. Grayson , Mr. Kennedy , Mr. Peters of California , Mr. Kilmer , Mr. Bera of California , Ms. Esty , Mr. Veasey , Ms. Brownley of California , Mr. Takano , and Ms. Kelly of Illinois ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , 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 provide for investment in innovation through research and development and STEM education, to improve the competitiveness of the United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the America Competes Reauthorization Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—OSTP; GOVERNMENTWIDE SCIENCE Subtitle A—General provisions Sec. 101. National Science and Technology Council amendments. Sec. 102. Review of Federal regulations and reporting requirements. Sec. 103. Amendments to prize competitions. Sec. 104. Coordination of international science and technology partnerships. Subtitle B—Reauthorization of the National Nanotechnology Initiative Sec. 111. Short title. Sec. 112. National Nanotechnology Program amendments. Sec. 113. Societal dimensions of nanotechnology. Sec. 114. Nanotechnology education. Sec. 115. Technology transfer. Sec. 116. Signature initiatives in areas of national importance. Sec. 117. Nanomanufacturing research. Sec. 118. Definitions. Title II—STEM EDUCATION AND DIVERSITY Subtitle A—STEM Education and Workforce Sec. 201. Sense of Congress. Sec. 202. Coordination of Federal STEM education. Sec. 203. Grand challenges in education research. Sec. 204. Establishment of the Advanced Research Project Agency-Education. Sec. 205. Community college and industry partnerships STEM pilot grant program. Sec. 206. National Research Council report on STEAM education. Sec. 207. Engaging Federal scientists and engineers in STEM education. Subtitle B—Broadening participation in STEM Sec. 211. Short title. Sec. 212. Purpose. Sec. 213. Federal science agency policies for caregivers. Sec. 214. Collection and reporting of data on Federal research grants. Sec. 215. Policies for review of Federal research grants. Sec. 216. Collection of data on demographics of faculty. Sec. 217. Cultural and institutional barriers to expanding the academic and Federal STEM workforce. Sec. 218. Research and dissemination at the National Science Foundation. Sec. 219. Report to Congress. Sec. 220. National Science Foundation support for increasing diversity among STEM faculty at institutions of higher education. Sec. 221. National Science Foundation support for broadening participation in undergraduate STEM education. Sec. 222. Definitions. Title III—NATIONAL SCIENCE FOUNDATION Subtitle A—General Provisions Sec. 301. Authorization of appropriations. Sec. 302. Sense of Congress on support for all fields of science and engineering. Sec. 303. Management and oversight of large facilities. Sec. 304. Data management plans. Sec. 305. Support for potentially transformative research. Sec. 306. Strengthening institutional research partnerships. Sec. 307. Innovation Corps. Sec. 308. Definitions. Subtitle B—STEM Education Sec. 321. National Science Board report on consolidation of STEM education activities at the Foundation. Sec. 322. Models for graduate student support. Sec. 323. Undergraduate STEM education reform. Sec. 324. Advanced manufacturing education. Sec. 325. STEM education partnerships. Sec. 326. Noyce scholarship program amendments. Sec. 327. Informal STEM education. Sec. 328. Research and development to support improved K–12 learning. Title IV—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY Sec. 401. Short title. Sec. 402. Authorization of appropriations. Sec. 403. Advanced manufacturing technology consortia. Sec. 404. Network for manufacturing innovation. Sec. 405. Hollings Manufacturing Extension Partnership. Sec. 406. Bioscience measurement science and standards. Sec. 407. National Academy of Sciences review. Sec. 408. Improving NIST collaboration with other agencies. Sec. 409. Miscellaneous provisions. Title V—INNOVATION Sec. 501. Office of Innovation and Entrepreneurship. Sec. 502. Federal loan guarantees for innovative technologies in manufacturing. Sec. 503. Regional Innovation Program. Sec. 504. Innovation voucher pilot program. Sec. 505. Federal Acceleration of State Technology Commercialization Pilot Program. Sec. 506. National Academies report on university incubators and accelerators. Title VI—DEPARTMENT OF ENERGY Subtitle A—Office of Science Sec. 601. Short title. Sec. 602. Definitions. Sec. 603. Mission of the Office of Science. Sec. 604. Basic energy sciences program. Sec. 605. Biological and environmental research. Sec. 606. Advanced scientific computing research program. Sec. 607. Fusion energy research. Sec. 608. High energy physics program. Sec. 609. Nuclear physics program. Sec. 610. Science laboratories infrastructure program. Sec. 611. Authorization of appropriations. Subtitle B—ARPA–E Sec. 621. Short title. Sec. 622. ARPA–E amendments. Subtitle C—Energy Innovation Sec. 641. Energy innovation hubs. Sec. 642. Participation in the Innovation Corps program. Sec. 643. Technology transfer. Sec. 644. Elimination of cost sharing requirement for research and development activities conducted by universities and nonprofit institutions. Sec. 645. Pilot Race to the Top for Energy Efficiency and Grid Modernization Program. Sec. 646. Rename Under Secretary for Science to Under Secretary for Science and Energy. Sec. 647. Special hiring authority for scientific, engineering, and project management personnel. I OSTP; GOVERNMENTWIDE SCIENCE A General provisions 101. National Science and Technology Council amendments Section 401 of the National Science and Technology Policy, Organization, and Priorities Act of 1977 ( 42 U.S.C. 6651 ) is amended— (1) in subsection (a), by striking Federal Coordinating Council for Science, Engineering, and Technology and inserting National Science and Technology Council ; (2) in subsection (b), by striking and Energy Research and Development Administration and inserting Department of Energy, and any other agency designated by the President ; and (3) in subsection (e)— (A) by striking engineering, and technology and inserting engineering, technology, innovation, and STEM education ; (B) in paragraph (1), by striking engineering, and technological and inserting engineering, technological, innovation, and STEM education ; (C) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (D) by inserting after paragraph (2) the following new paragraph: (3) address research needs identified under paragraph (2) through appropriate funding mechanisms, which may include solicitations involving 2 or more agencies and public-private partnerships; . 102. Review of Federal regulations and reporting requirements (a) Establishment The Director of the Office of Science and Technology Policy shall establish or designate a working group under the National Science and Technology Council with the responsibility of reviewing Federal regulatory and reporting requirements across Federal agencies that affect the conduct of United States research in an effort to reduce regulatory burdens and to eliminate and harmonize duplicative regulatory and reporting requirements. (b) Responsibilities The working group established or designated under subsection (a) shall— (1) periodically review all Federal regulations and reporting requirements that affect the conduct of United States research to— (A) identify ways to harmonize overlapping or duplicative research regulations and reporting requirements across Federal agencies; (B) evaluate such regulations and reporting requirements in relationship to the risks the requirements seek to address to determine if the benefits of the requirements are commensurate with the costs to the progress of science or to the taxpayer; (C) identify any regulations that are applied to scientific researchers or to research-performing institutions for which exemptions could be reasonably applied or for which adjustments could be made to better fit those regulations to diverse research environments; and (D) identify any specific regulations which could be refocused on performance-based goals rather than on process while still meeting the desired outcome; (2) examine the extent to which agencies’ guidance documents adhere with the most recently updated version of the Office of Management and Budget’s Agency Good Guidance Practices bulletin; and (3) develop and update at least once every 3 years a strategic plan for streamlining Federal regulations and reporting requirements that affect the conduct of United States research that contains, at a minimum— (A) a priority list of research-related regulations, reporting requirements, and agency guidance to be harmonized, streamlined, updated, or eliminated; and (B) a plan, including a timeline, for implementing the regulatory and reporting reforms identified in subparagraph (A). (c) Stakeholder input In carrying out the responsibilities under subsection (b), including the development of the strategic plan under subsection (b)(3), the working group established or designated under subsection (a) shall take into account input and recommendations from non-Federal stakeholders, including federally funded and nonfederally funded researchers, institutions of higher education, scientific disciplinary societies and associations, nonprofit research institutions, industry, including small businesses, federally funded research and development centers, and others with a stake in ensuring effectiveness, efficiency, and accountability in the performance of scientific research. (d) Responsibilities of OSTP The Director of the Office of Science and Technology Policy, in collaboration with the Office of Management and Budget Office of Information and Regulatory Affairs, shall encourage and monitor the efforts of the participating agencies to ensure that the strategic plan is developed under subsection (b)(3) and that appropriate steps are taken by the agencies to effectively implement the recommendations, achieve the objectives, and to adhere to the timeline in the strategic plan. (e) Report Not later than 1 year after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall transmit the priority list and strategic plan developed under subsection (b)(3) to the Congress. The Director shall further provide a report annually to the Congress, to be submitted not later than 60 days after the submission of the President’s annual budget request, on the progress toward implementation of the regulatory reforms outlined in the strategic plan. 103. Amendments to prize competitions Section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) is amended— (1) in subsection (c)— (A) by inserting competition after section, a prize ; (B) by inserting types after following ; and (C) in paragraph (4), by striking prizes and inserting prize competitions ; (2) in subsection (f)— (A) by striking in the Federal Register and inserting on a publicly accessible Government website, such as www.challenge.gov, ; and (B) in paragraph (4), by striking prize and inserting cash prize purse ; (3) in subsection (g), by striking prize and inserting cash prize purse ; (4) in subsection (h), by inserting prize before competition both places it appears; (5) in subsection (i)— (A) in paragraph (1)(B), by inserting prize before competition ; (B) in paragraph (2)(A), by inserting prize before competition both places it appears; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: (3) Waiver An agency may waive the requirement under paragraph (2). The annual report under subsection (p) shall include a list of such waivers granted during the preceding fiscal year, along with an explanation of the reasons for granting the waivers. ; (6) in subsection (j) by amending paragraph (2) to read as follows: (2) Intellectual property (A) Licenses The Federal Government may negotiate a license for the use of intellectual property developed by a participant for a prize competition. (B) Other conditions A Federal agency or agencies in cooperation may require participants to agree in advance to a specific approach to intellectual property as a condition for eligibility to participate in a prize competition. ; (7) in subsection (k)— (A) in paragraph (2)(A), by inserting prize before competition ; and (B) in paragraph (3), by inserting prize before competitions both places it appears; (8) in subsection (l), by striking all after may enter into and inserting a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competition, subject to the provisions of this section. ; (9) in subsection (m)— (A) by amending paragraph (1) to read as follows: (1) In general Support for a prize competition under this section, including financial support for the design and administration of a prize competition or funds for a cash prize purse, may consist of Federal appropriated funds and funds provided by private sector for-profit and nonprofit entities. The head of an agency may accept funds from other Federal agencies, private sector for-profit entities, and nonprofit entities to support such prize competitions. The head of an agency may not give any special consideration to any private sector for-profit or nonprofit entity in return for a donation. ; (B) in paragraph (2), by striking prize awards and inserting cash prize purses ; (C) in paragraph (3)(A)— (i) by striking No prize and inserting No prize competition ; and (ii) by striking the prize and inserting the cash prize purse ; (D) in paragraph (3)(B), by striking a prize and inserting a cash prize purse ; (E) in paragraph (3)(B)(i), by inserting competition after prize ; (F) in paragraph (4)(A), by striking a prize and inserting a cash prize purse ; and (G) in paragraph (4)(B), by striking cash prizes and inserting cash prize purses ; (10) in subsection (n), by inserting for both for-profit and nonprofit entities, after contract vehicle ; (11) in subsection (o)(1), by striking or providing a prize and insert a prize competition or providing a cash prize purse ; and (12) in subsection (p)— (A) in the heading, by striking Annual Report and inserting Biennial Report ; (B) in paragraph (1), by striking of each year and inserting of each odd-numbered year ; and (C) in paragraph (2)(C), by striking cash prizes both places it occurs and inserting cash prize purses . 104. Coordination of international science and technology partnerships (a) Short title This section may be cited as the International Science and Technology Cooperation Act of 2014 . (b) Establishment The Director of the Office of Science and Technology Policy shall establish a body under the National Science and Technology Council (NSTC) with the responsibility to identify and coordinate international science and technology cooperation that can strengthen the United States science and technology enterprise, improve economic and national security, and support United States foreign policy goals. (c) NSTC Body Leadership The body established under subsection (b) shall be co-chaired by senior level officials from the Office of Science and Technology Policy and the Department of State. (d) Responsibilities The body established under subsection (b) shall— (1) plan and coordinate interagency international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies and work with other National Science and Technology Council committees to help plan and coordinate the international component of national science and technology priorities; (2) establish Federal priorities and policies for aligning, as appropriate, international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies with the foreign policy goals of the United States; (3) identify opportunities for new international science and technology cooperative research and training partnerships that advance both the science and technology and the foreign policy priorities of the United States; (4) in carrying out paragraph (3), solicit input and recommendations from non-Federal science and technology stakeholders, including universities, scientific and professional societies, industry, and relevant organizations and institutions; and (5) identify broad issues that influence the ability of United States scientists and engineers to collaborate with foreign counterparts, including barriers to collaboration and access to scientific information. (e) Report to congress The Director of the Office of Science and Technology Policy shall transmit a report, to be updated annually, to the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives, and to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate. The report shall also be made available to the public on the reporting agency’s website. The report shall contain a description of— (1) the priorities and policies established under subsection (d)(2); (2) the ongoing and new partnerships established since the last update to the report; (3) the means by which stakeholder input was received, as well as summary views of stakeholder input; and (4) the issues influencing the ability of United States scientists and engineers to collaborate with foreign counterparts. B Reauthorization of the National Nanotechnology Initiative 111. Short title This subtitle may be cited as the National Nanotechnology Initiative Amendments Act of 2014 . 112. National Nanotechnology Program amendments The 21st Century Nanotechnology Research and Development Act ( 15 U.S.C. 7501 et seq. ) is amended— (1) in section 2— (A) in subsection (c), by amending paragraph (4) to read as follows: (4) develop, and update every 3 years thereafter, a strategic plan to guide the activities described under subsection (b) that specifies near-term and long-term objectives for the Program, the anticipated timeframe for achieving the near-term objectives, and the metrics to be used for assessing progress toward the objectives, and that describes— (A) how the Program will move results out of the laboratory and into applications for the benefit of society, including through cooperation and collaborations with nanotechnology research, development, and technology transition initiatives supported by the States; and (B) proposed research in areas of national importance in accordance with the requirements of section 116 of the National Nanotechnology Initiative Amendments Act of 2014 ; ; (B) in subsection (d)— (i) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; (ii) by inserting before paragraph (2), as redesignated by clause (i), the following: (1) the Program budget, for the previous fiscal year, for each agency that participates in the Program, and for each program component area; ; and (iii) by amending paragraph (6), as redesignated by clause (i), to read as follows: (6) an assessment of how Federal agencies are implementing the plan described in subsection (c)(7) and a description of the amount of Small Business Innovative Research and Small Business Technology Transfer Research funds supporting the plan. ; and (C) by adding at the end the following new subsection: (e) Standards setting The agencies participating in the Program shall support the activities of committees involved in the development of standards for nanotechnology and may reimburse the travel costs of scientists and engineers who participate in activities of such committees. ; (2) in section 3— (A) by amending subsection (b)(1) to read as follows: (b) Funding (1) In general The operation of the National Nanotechnology Coordination Office shall be supported by funds from each agency participating in the Program. (2) Proportion The portion of such Office’s total budget provided by each agency for each fiscal year shall be in the same proportion as the agency’s share of the total budget for the Program for the previous fiscal year, as specified in the report required under section 2(d)(1). (3) Exception The Director of the National Nanotechnology Coordination Office may establish a minimum contribution or other exception to the requirement in paragraph (2) for participating agencies whose share of the total budget for the Program is below a threshold level, to be set by the Director. ; and (B) by adding at the end the following new subsection: (d) Public information (1) Database (A) In general The National Nanotechnology Coordination Office shall develop and maintain a database accessible by the public of projects funded under at least the Environmental, Health, and Safety program component area, or any successor program component area, including, to the extent practicable, a description of each project, its source of funding by agency, and its funding history. (B) Organization Projects shall be grouped by major objective as defined by the research plan required under section 3(b) of the National Nanotechnology Initiative Amendments Act of 2014 . (2) Accessible facilities (A) In general The National Nanotechnology Coordination Office shall develop, maintain, and publicize information on nanotechnology facilities supported under the Program, and may include information on nanotechnology facilities supported by the States, that are accessible for use by individuals from academic institutions and from industry. (B) Websites The National Nanotechnology Coordination Office shall maintain active web links to the websites for each of these facilities and shall work with each facility supported under the Program to ensure that each facility publishes on its respective website updated information on the terms and conditions for the use of the facility, a description of the capabilities of the instruments and equipment available for use at the facility, and a description of the technical support available to assist users of the facility. ; (3) in section 4— (A) in subsection (a), by adding at the end the following: The co-chairs of the Advisory Panel shall meet the qualifications of Panel membership required in subsection (b) and may be members of the President’s Council of Advisors on Science and Technology. The Advisory Panel shall include members having specific qualifications tailored to enable it to carry out the requirements of subsection (c)(6). ; (B) in subsection (c)— (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively; and (C) by amending subsection (d) to read as follows: (d) Reports The Advisory Panel shall report not less frequently than every 3 years, and, to the extent practicable, 1 year following each of the National Research Council triennial reviews required under section 5, to the President on its assessments under subsection (c) and its recommendations for ways to improve the Program. The Director of the Office of Science and Technology Policy shall transmit a copy of each report under this subsection to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and other appropriate committees of the Congress. ; (4) by amending section 5 to read as follows: 5. Triennial external review of the national nanotechnology program (a) In general The Director of the National Nanotechnology Coordination Office shall enter into an arrangement with the National Research Council of the National Academy of Sciences to conduct a triennial review of the Program. The Director shall ensure that the arrangement with the National Research Council is concluded in order to allow sufficient time for the reporting requirements of subsection (b) to be satisfied. Each triennial review shall include an evaluation of the— (1) research priorities and technical content of the Program, including whether the balance of funding among program component areas, as designated according to section 2(c)(2), is appropriate; (2) Program’s scientific and technological accomplishments and its success in transferring technology to the private sector; and (3) adequacy of the Program’s activities addressing ethical, legal, environmental, and other appropriate societal concerns, including human health concerns. (b) Priority reports If the Director of the National Nanotechnology Coordination Office, working with the National Research Council and with input from the Advisory Panel, determines that a more narrowly focused review of the Program is in the best interests of the Program, the Director may enter into such an arrangement with the National Research Council in lieu of a full review as required under subsection (a), but not more often than every second triennial review. (c) Evaluation To be transmitted to Congress The National Research Council shall document the results of each triennial review carried out in accordance with this section in a report that includes any recommendations for changes to the Program’s objectives, technical content, or other policy or Program changes. Each report shall be submitted to the Director of the National Nanotechnology Coordination Office, who shall transmit it to the Advisory Panel, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives. ; and (5) in section 10— (A) by amending paragraph (2) to read as follows: (2) Nanotechnology The term nanotechnology means the science and technology that will enable one to understand, measure, model, image, manipulate, and manufacture at the nanoscale, aimed at creating materials, devices, and systems with fundamentally new properties or functions. ; and (B) by adding at the end the following new paragraph: (7) Nanoscale The term nanoscale means one or more dimensions of between approximately 1 and 100 nanometers. . 113. Societal dimensions of nanotechnology (a) Coordinator for environmental, health, and safety research The Director of the Office of Science and Technology Policy shall designate an associate director of the Office of Science and Technology Policy or other appropriate senior government official as the Coordinator for Environmental, Health, and Safety Research. The Coordinator shall be responsible for oversight of the coordination, planning, and budget prioritization of research and other activities related to environmental, health, safety, and other appropriate societal concerns related to nanotechnology. The responsibilities of the Coordinator shall include— (1) ensuring that a research plan for the environmental, health, and safety research activities required under subsection (b) is developed, updated, and implemented and that the plan is responsive to the recommendations of the Advisory Panel established under section 4(a) of the 21st Century Nanotechnology Research and Development Act ( 15 U.S.C. 7503(a) ); and (2) encouraging and monitoring the efforts of the agencies participating in the Program to allocate the level of resources and management attention necessary to ensure that the environmental, health, safety, and other appropriate societal concerns related to nanotechnology are addressed under the Program. (b) Research plan (1) In general The Coordinator for Environmental, Health, and Safety Research shall convene and chair a panel comprised of representatives from the agencies funding research activities under the Environmental, Health, and Safety program component area of the Program, or any successor program component area, and from such other agencies as the Coordinator considers necessary to develop, periodically update, and coordinate the implementation of a research plan for this program component area. Such panel may be a subgroup of the Nanoscale Science, Engineering, and Technology Subcommittee of the National Science and Technology Council. In developing and updating the plan, the panel convened by the Coordinator shall solicit and be responsive to recommendations and advice from— (A) the Advisory Panel established under section 4(a) of the 21st Century Nanotechnology Research and Development Act ( 15 U.S.C. 7503(a) ); and (B) the agencies responsible for environmental, health, and safety regulations associated with the production, use, and disposal of nanoscale materials and products. (2) Development of standards The plan required under paragraph (1) shall include a description of how the Program will help to ensure the development of— (A) standards related to nomenclature associated with engineered nanoscale materials; (B) engineered nanoscale standard reference materials for environmental, health, and safety testing; and (C) standards related to methods and procedures for detecting, measuring, monitoring, sampling, and testing engineered nanoscale materials for environmental, health, and safety impacts. (3) Components of plan The plan required under paragraph (1) shall, with respect to activities described in paragraphs (1) and (2)— (A) specify near-term research objectives and long-term research objectives; (B) specify milestones associated with each near-term objective and the estimated time and resources required to reach each milestone; (C) with respect to subparagraphs (A) and (B), describe the role of each agency carrying out or sponsoring research in order to meet the objectives specified under subparagraph (A) and to achieve the milestones specified under subparagraph (B); and (D) specify the funding allocated to each major objective of the plan and the source of funding by agency for the current fiscal year. (4) Transmittal to congress Not later than 6 months after the date of enactment of this Act, the plan required under paragraph (1) shall be transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. (5) Updating and appending to report The plan required under paragraph (1) shall be updated at least every 3 years and may be submitted as part of the report required under section 2(c)(4) of the 21st Century Nanotechnology Research and Development Act ( 15 U.S.C. 7501(c)(4) ). 114. Nanotechnology education (a) Undergraduate education programs The Program shall support efforts to introduce nanoscale science, engineering, and technology into undergraduate science and engineering education through a variety of interdisciplinary approaches. Activities supported may include— (1) development of courses of instruction or modules to existing courses; (2) faculty professional development; and (3) acquisition of equipment and instrumentation suitable for undergraduate education and research in nanotechnology. (b) Interagency coordination of education The Committee established under section 2(c) of the 21st Century Nanotechnology Research and Development Act ( 15 U.S.C. 7501(c) ) shall coordinate, as appropriate, with the Committee established under section 101 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6621 ) to prioritize, plan, and assess the educational activities supported under the Program. (c) Societal dimensions in nanotechnology education activities Activities supported under the Education and Societal Dimensions program component area, or any successor program component area, that involve informal, precollege, or undergraduate nanotechnology education shall include education regarding the environmental, health and safety, and other societal aspects of nanotechnology. (d) Remote access to nanotechnology facilities (1) In general Agencies supporting nanotechnology research facilities as part of the Program shall require the entities that operate such facilities to allow access via the Internet, and support the costs associated with the provision of such access, by secondary school students and teachers, to instruments and equipment within such facilities for educational purposes. The agencies may waive this requirement for cases when particular facilities would be inappropriate for educational purposes or the costs for providing such access would be prohibitive. (2) Procedures The agencies identified in paragraph (1) shall require the entities that operate such nanotechnology research facilities to establish and publish procedures, guidelines, and conditions for the submission and approval of applications for the use of the facilities for the purpose identified in paragraph (1) and shall authorize personnel who operate the facilities to provide necessary technical support to students and teachers. 115. Technology transfer (a) Prototyping (1) Access to facilities In accordance with section 2(b)(7) of 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(b)(7)), the agencies supporting nanotechnology research facilities as part of the Program shall provide access to such facilities to companies for the purpose of assisting the companies in the development of prototypes of nanoscale products, devices, or processes (or products, devices, or processes enabled by nanotechnology) for determining proof of concept. The agencies shall publicize the availability of these facilities and encourage their use by companies as provided for in this section. The agencies may waive this requirement for academic facilities for which the costs of providing such access would be prohibitive. (2) Procedures The agencies identified in paragraph (1)— (A) shall establish and publish procedures, guidelines, and conditions for the submission and approval of applications for use of nanotechnology facilities; (B) shall publish descriptions of the capabilities of facilities available for use under this subsection, including the availability of technical support; and (C) may waive recovery, require full recovery, or require partial recovery of the costs associated with use of the facilities for projects under this subsection. (3) Selection and criteria (A) In general In cases when less than full cost recovery is required pursuant to paragraph (2)(C), projects provided access to nanotechnology facilities in accordance with this subsection shall be selected through a competitive, merit-based process, and the criteria for the selection of such projects shall include at a minimum the readiness of the project for technology demonstration. (B) Special consideration The agencies may give special consideration in selecting projects to applications that are relevant to important national needs or requirements. (b) Collaboration with industry The Program shall coordinate with industry from all industrial sectors that would benefit from applications of nanotechnology by— (1) enhancing communication of information related to nanotechnology innovation, including information about research, education and training, manufacturing issues, and market-driven needs; (2) advancing and accelerating the creation of new products and manufacturing processes derived from discovery at the nanoscale by working with industry, including small and medium-sized manufacturers; (3) developing innovative methods for transferring nanotechnology products and processes from Federal agencies to industry; and (4) facilitating industry-led partnerships between the Program and industry sectors, including regional partnerships. (c) Coordination with state, regional, and local initiatives Section 2(b)(5) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(b)(5)) is amended to read as follows: (5) ensuring United States global leadership in the development and application of nanotechnology, including through the coordination and leveraging of Federal investments with nanotechnology research, development, and technology transition initiatives supported by the States and regions across the country; . 116. Signature initiatives in areas of national importance (a) In general The Program shall include support for nanotechnology research and development activities directed toward topical and application areas that have the potential for significant contributions to national economic competitiveness and for other significant societal benefits. The activities supported shall be designed to advance the development of research discoveries by demonstrating technical solutions to important national challenges. The Advisory Panel shall make recommendations to the Program for candidate research and development areas for support under this section. (b) Characteristics (1) In general Research and development activities under this section shall— (A) include projects selected on the basis of applications for support through a competitive, merit-based process; (B) involve collaborations among researchers in academic institutions and industry, and may involve nonprofit research institutions and Federal laboratories, as appropriate; (C) when possible, leverage Federal investments through collaboration with related State initiatives; and (D) include a plan for fostering the transfer of research discoveries and the results of technology demonstration activities to industry for commercial development. (2) Joint solicitations Projects supported under this section shall include projects for which determination of the requirements for applications, review and selection of applications for support, and subsequent funding of projects shall be carried out by a collaboration of no fewer than 2 agencies participating in the Program. In selecting applications for support, agencies may, as appropriate, give special consideration to projects that include cost sharing from non-Federal sources. (3) Interdisciplinary research centers Research and development activities under this section may be supported through interdisciplinary nanotechnology research centers, as authorized by section 2(b)(4) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(b)(4)), that are organized to investigate basic research questions and carry out technology demonstration activities in areas such as those identified in subsection (a). (c) Report Reports required under section 2(d) of the 21st Century Nanotechnology Research and Development Act ( 15 U.S.C. 7501(d) ) shall include a description of research and development areas supported in accordance with this section. 117. Nanomanufacturing research (a) Research areas The Program shall include research on— (1) the development of instrumentation and tools required for the rapid characterization of nanoscale materials and for monitoring of nanoscale manufacturing processes; and (2) approaches and techniques for scaling the synthesis of new nanoscale materials to achieve industrial-level production rates. (b) Green nanotechnology Interdisciplinary research centers supported under the Program in accordance with section 2(b)(4) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(b)(4)) that are focused on nanomanufacturing research shall include as part of the activities of such centers— (1) research on methods and approaches to develop environmentally benign nanoscale products and nanoscale manufacturing processes, taking into consideration relevant findings and results of research supported under the Environmental, Health, and Safety program component area, or any successor program component area; (2) fostering the transfer of the results of such research to industry; and (3) providing for the education of scientists and engineers through interdisciplinary studies in the principles and techniques for the design and development of environmentally benign nanoscale products and processes. 118. Definitions In this subtitle, terms that are defined in section 10 of the 21st Century Nanotechnology Research and Development Act ( 15 U.S.C. 7509 ) have the meaning given those terms in that section. II STEM EDUCATION AND DIVERSITY A STEM Education and Workforce 201. Sense of Congress (a) Fiscal year 2014 budget proposal It is the sense of Congress that Federal agencies need to develop and implement a comprehensive Federal STEM education strategy that focuses on leveraging the limited STEM education funding and other assets we have to invest for maximum student learning benefit, and that such a strategy will involve a reorganization of the current portfolio of Federal STEM investments. However, it is the sense of Congress that the Administration’s fiscal year 2014 proposal to consolidate or eliminate 120 STEM programs across 14 Federal agencies lacked input or support from the Federal agencies and the stakeholder communities implicated in the proposal, was not based on evidence about program effectiveness, lacks clarity in how it will meet the goals of the strategic plan required in the America COMPETES Reauthorization Act of 2010, and is not an adequate basis for implementing changes to existing agency and interagency STEM activities. (b) CoSTEM It is the sense of Congress that the National Science and Technology Council’s Committee on STEM Education (CoSTEM), required under the America COMPETES Reauthorization Act of 2010, has taken important initial steps toward developing a comprehensive and defensible strategic plan through its completion of its first Federal STEM Education 5-Year Strategic Plan, but that much more work must be done to develop a clear evidence base for reorganization decisions and to solicit and take into account views and experience from stakeholders who help implement or are the beneficiaries of Federal STEM programs across the Nation. It is further the sense of Congress that agencies, through CoSTEM, should play a leading role in developing the Administration’s budget proposals for STEM education just as they play a leading role in developing the budget proposals for other major interagency initiatives, such as the National Nanotechnology Initiative. (c) Mission agencies It is the sense of Congress that science mission agencies such as the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, and the Department of Energy are essential partners in contributing to the goals and implementation of a Federal STEM strategic plan because such agencies have unique scientific and technological facilities as well as highly trained scientists who are eager and able to contribute to improved STEM learning outcomes in their own communities. It is further the sense of Congress that the Department of Education can play an important role in implementing any Federal STEM education strategy because of its unique relationship with States, local educational agencies, schools, and institutions of higher education, as well as its capacity to scale and disseminate proven programs and models, but that the Department must take steps to build capacity in STEM education to maximize the effectiveness of any Governmentwide leadership role in K–12 STEM education. 202. Coordination of Federal STEM education Section 101 of America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6621 ) is amended— (1) in subsection (b)(5)— (A) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; and (B) by inserting before subparagraph (B), as so redesigned by subparagraph (A) of this paragraph, the following new subparagraph: (A) have as its primary goal to leverage the limited STEM education funding and other assets, including intellectual capital, invested by Federal STEM agencies for maximum benefit to student learning; ; (2) by striking the second subsection (b); (3) by redesignating subsection (c) as subsection (f); (4) by inserting after subsection (b), the following new subsections: (c) Coordinator for STEM education The Director of the Office of Science and Technology Policy shall designate an associate director of the Office of Science and Technology Policy as the Coordinator for STEM Education. When an appropriate associate director is not available, the Director may designate another appropriate senior government official as the Coordinator for STEM Education. The Coordinator shall chair the committee established under subsection (a). The Coordinator shall, with the assistance of appropriate senior officials from other Committee on STEM Education agencies, ensure that the requirements of this section are satisfied. (d) Stakeholder input (1) Interagency consolidation For all agency proposals to consolidate or transfer budgets or functions for STEM education programs or activities between agencies, at the time of submission of such proposals to Congress, the Director shall report to Congress on activities undertaken by the Office of Science and Technology Policy or by relevant agencies to take into consideration relevant input from the STEM Education Advisory Panel established under subsection (e) and other relevant education stakeholders. (2) Intraagency consolidation For all agency proposals to internally consolidate or terminate STEM education programs with budgets exceeding $3,000,000, at the time of submission of such proposals to Congress, the head of the relevant agency shall report to Congress on activities to solicit and take into consideration input on such proposals from the STEM Education Advisory Panel established under subsection (e) and other relevant education stakeholders. (e) STEM education advisory panel (1) In general The President shall establish or designate a STEM Education Advisory Panel. The cochairs of the Advisory Panel shall meet the qualifications of Panel membership required in paragraph (2) and may be members of the President’s Council of Advisors on Science and Technology. (2) Qualifications The Advisory Panel established or designated by the President under this subsection shall consist of members from academic institutions, industry, informal education providers, nonprofit STEM education organizations, foundations, and local and State educational agencies. Members of the Advisory Panel shall be qualified to provide advice on Federal STEM education programs, best practices in STEM education, assessment of STEM education programs, STEM education standards, industry needs for STEM graduates, and public-private STEM education partnerships. (3) Duties The Advisory Panel shall advise the President and the committee established under subsection (a) on implementing the Federal STEM education strategic plan required under subsection (b)(5) and coordinating Federal STEM programs with nongovernmental STEM initiatives and State and local educational agencies. (4) Report The Advisory Panel shall report, not more than 1 year after enactment of the America Competes Reauthorization Act of 2014 , on options for evidence-based implementation of the Federal STEM strategic plan required under subsection (b)(5), including options for designating certain agencies as coordinating leads for different priority investment areas, timelines for implementation, and specific management, budget, policy, or other steps that agencies must take to effectively implement the strategic plan. (5) Sunset The authorization for the Advisory Panel established under this subsection shall expire 3 years after the date of enactment of the America Competes Reauthorization Act of 2014 . ; and (5) in subsection (f), as so redesignated by paragraph (3) of this section— (A) by inserting progress made in implementing after describing ; (B) by striking paragraph (3); and (C) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. 203. Grand challenges in education research (a) In general The Director of the National Science Foundation and the Secretary of Education shall collaborate in— (1) identifying, prioritizing, and developing strategies to address grand challenges in research and development, including assessment, on the teaching and learning of STEM at the pre-K–12 level, in formal and informal settings, for diverse learning populations, including individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b); and (2) ensuring the dissemination and promoting the utilization of the results of such research and development. (b) Stakeholder input In identifying the grand challenges under subsection (a), the Director and the Secretary shall— (1) take into consideration critical research gaps identified in existing reports, including reports by the National Academies, on the teaching and learning of STEM at the pre-K–12 level in formal and informal settings; and (2) solicit input from a wide range of stakeholders, including officials from State educational agencies and local educational agencies, STEM teachers, STEM education researchers, scientific and engineering societies, STEM faculty at institutions of higher education, informal STEM education providers, businesses with a large STEM workforce, and other stakeholders in the teaching and learning of STEM at the pre-K–12 level, and may enter into an arrangement with the National Research Council for these purposes. (c) Topics To consider In identifying the grand challenges under subsection (a), the Director and the Secretary shall, at a minimum, consider research and development on— (1) scalability, sustainability, and replication of successful STEM activities, programs, and models, in formal and informal environments; (2) model systems that support improved teaching and learning of STEM across entire local educational agencies and States, including rural areas, and encompassing and integrating the teaching and learning of STEM in formal and informal venues; (3) implementation of new State mathematics and science standards; (4) what makes a STEM teacher effective and STEM teacher professional development effective, including development of tools and methodologies to measure STEM teacher effectiveness; (5) cyber-enabled and other technology tools for teaching and learning, including massive open online courses; (6) STEM teaching and learning in informal environments, including development of tools and methodologies for assessing STEM teaching and learning in informal environments; and (7) how integrating engineering with mathematics and science education may— (A) improve student learning of mathematics and science; (B) increase student interest and persistence in STEM; or (C) improve student understanding of engineering design principles and of the built world. (d) Report to congress Not later than 12 months after the date of enactment of this Act, the Director and the Secretary shall report to Congress with a description of— (1) the grand challenges identified pursuant to this section; (2) the role of each agency in supporting research and development activities to address the grand challenges; (3) the common metrics that will be used to assess progress toward meeting the grand challenges; (4) plans for periodically updating the grand challenges; (5) how the agencies will disseminate and promote the utilization of the results of research and development activities carried out under this section to STEM education practitioners, to other Federal agencies that support STEM programs and activities, and to non-Federal funders of STEM education; and (6) how the agencies will support implementation of best practices identified by the research and development activities. 204. Establishment of the Advanced Research Project Agency-Education (a) Program established From the amounts appropriated for section 14007 of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), the Secretary of Education may reserve up to 30 percent to— (1) establish and carry out the Advanced Research Projects Agency-Education (in this section referred to as ARPA–ED ) to— (A) identify and promote advances in learning, fundamental and applied sciences, and engineering that may be translated into new learning technologies; (B) develop, test, and evaluate new learning technologies and related processes; and (C) accelerate transformational technological advances in education; (2) convene an advisory panel under subsection (d); and (3) carry out the evaluation and dissemination requirements under subsection (e). (b) Appointments (1) Director ARPA–ED shall be under the direction of the Director of ARPA–ED, who shall be appointed by the Secretary. (2) Qualified individuals The Secretary shall appoint, for a term of not more than 4 years, qualified individuals who represent scientific, engineering, professional, and other personnel with expertise in carrying out the activities described in this section to positions in ARPA–ED, at rates of compensation determined by the Secretary, without regard to the provisions of title 5, United States Code, except that such rates of compensation shall not to exceed the rate for level I of the Executive Schedule under section 5312 of such title. (c) Functions of ARPA–ED Upon consultation with the advisory panel convened under subsection (d) , the Secretary shall select public and private entities to carry out the activities described in subsection (a)(1) by— (1) awarding such entities grants, contracts, cooperative agreements, or cash prizes; or (2) entering into such other transactions with such entities as the Secretary may prescribe in regulations. (d) Advisory panel (1) In general The Secretary shall convene an advisory panel to advise and consult with the Secretary, the Director, and the qualified individuals appointed under subsection (b)(2) on— (A) ensuring that the awards made and transaction entered into under subsection (c) are consistent with the purposes described in subsection (a)(1) ; and (B) ensuring the relevance, accessibility, and utility of such awards and transactions to education practitioners. (2) Appointment of members The Secretary shall appoint the following qualified individuals to serve on the advisory panel: (A) Education practitioners. (B) Experts in technology. (C) Specialists in rapid gains in student achievement and school turnaround. (D) Specialists in personalized learning. (E) Researchers, including at least one representative from a comprehensive center established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602) or the regional laboratories system established under section 174 of the Education Sciences Reform Act ( 20 U.S.C. 9564 ). (F) Other individuals with expertise who will contribute to the overall rigor and quality of ARPA–ED. (3) Applicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel convened under this subsection and any appointee to such panel shall not be considered an employee under section 2105 of title 5, United States Code. (e) Evaluation and dissemination (1) Evaluation The Secretary shall obtain independent, periodic, and rigorous evaluation of— (A) the effectiveness of the processes ARPA–Ed is using to achieve the purposes described in subsection (a)(1); (B) the relevance, accessibility, and utility of the awards made and transactions entered into under subsection (c) to education practitioners; and (C) the effectiveness of the projects carried out through such awards and transactions, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of such projects for further investment or increased scale. (2) Dissemination and use The Secretary shall disseminate information to education practitioners, including teachers, principals, and local and State superintendents, on effective practices and technologies developed under ARPA–ED, as appropriate, through— (A) the comprehensive centers established under 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 ); (B) the regional laboratories system established under section 174 of the Education Sciences Reform Act ( 20 U.S.C. 9564 ); and (C) such other means as the Secretary determines to be appropriate. (f) Administrative requirements Notwithstanding section 437(d) of the General Education Provisions Act ( 20 U.S.C. 1232(d) ), the Secretary shall establish such processes as may be necessary for the Secretary to manage and administer ARPA–ED, which are not constrained by other Department-wide administrative requirements that may prevent ARPA–ED from carrying out the purposes described in subsection (a)(1). (g) Definitions For purposes of this section: (1) Department The term Department means the Department of Education. (2) Director The term Director means the Director of ARPA–ED. (3) Secretary The term Secretary means the Secretary of Education. 205. Community college and industry partnerships STEM pilot grant program (a) Establishment The Secretary of Labor shall establish a competitive grant pilot program for the purpose of developing, offering, improving, or providing STEM education or career training programs for workers. (b) Eligible entity (1) In general Entities eligible for a grant under this section are any of the following (or a consortium of any of the following) in partnership with employers or an association of employers— (A) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1085(f))); (B) a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) )); (C) a four-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that offers two-year degrees, will use funds provided under this section for activities at the certificate and associate degree levels, and is not reasonably close, as determined by the Secretary of Labor, to a community college; (D) a tribal college or university (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )); or (E) at the discretion of the Secretary of Labor, a private, not-for-profit, two-year institution of higher education in Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (2) Additional partnerships In addition to partnering with employers or an association of employers, the eligible entities described in paragraph (1) may partner with any of the following organizations: (A) An adult education provider or institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (B) A community-based organization. (C) A joint labor-management partnership. (D) Any other organization that the Secretary of Labor considers appropriate. (3) Workforce investment board Any such partnership shall collaborate with, and may include, the State or local workforce investment board. (c) Application An eligible entity seeking a grant under this section shall submit a grant proposal to the Secretary of Labor at such time and containing such information as the Secretary may require. The proposal shall include, at a minimum, a detailed description of— (1) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, improve, or provide a STEM education or career training program; (2) the extent to which the project will meet the STEM education or career training needs of workers in the area served by the eligible entity; (3) the extent to which the project will meet the needs of employers in the region for skilled workers in in-demand industry sectors and in-demand occupations, including high technology areas, nanotechnology, and advanced manufacturing; (4) the extent to which the project fits within any overall strategic plan developed by an eligible entity; and (5) any previous experience of the eligible entity in providing STEM education or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section. (d) Specifications of grants (1) Duration A grant shall be awarded under this section for a period of up to 36 months in duration. (2) Size of grant The amount of a grant awarded under this subsection may not exceed $3,000,000 for an individual entity and $20,000,000 for a consortium. (e) Criteria for award (1) In general Grants under this section shall be awarded based on— (A) a determination of the merits of the grant proposal submitted by the eligible entity to develop, offer, improve, or provide STEM education or career training programs to be made available to workers; (B) an assessment of the likely employment opportunities available in the region to individuals who complete a STEM education or career training program that the eligible entity proposes to develop, offer, improve, or provide; (C) an assessment of prior demand for STEM training programs by individuals eligible for training served by the eligible entity as well as availability and capacity of existing STEM training programs to meet future demand for STEM training programs; and (D) any additional criteria established by the Secretary of Labor. (2) Priority The Secretary of Labor shall give priority to eligible entities that— (A) include a partnership with a business or industry or sector partnership that— (i) pays a portion of the costs of such programs; or (ii) agrees to hire individuals who have completed a particular postsecondary degree, certificate, or credential resulting from the training program of the eligible entity; (B) enter into a partnership with a labor organization or labor-management training program that provides technical expertise for occupationally specific education necessary for a recognized postsecondary STEM credential leading to an occupation in an in-demand industry sector; (C) are focused on serving individuals with barriers to employment, particularly individuals who have been unemployed for 27 weeks or longer; (D) are community colleges serving areas with high unemployment rates, including rural areas; and (E) are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965. (f) Use of funds Grants awarded under this section shall be used for one or more of the following: (1) The development, offering, improvement, or provision of STEM academic programs or training programs that provide relevant job training for skilled occupations that will meet the needs of employers in in-demand industry sectors, which may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce. (2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary STEM credential or degree in in-demand industry sectors and in-demand occupations, including by— (A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study; (B) expanding articulation agreements and policies that guarantee transfer between such institutions, including through common course numbering and general core curriculum; and (C) developing or enhancing student support services programs. (3) The creation of workforce programs that provide a sequence of education and occupational training that leads to a recognized postsecondary STEM credential or degree, including programs that— (A) blend basic skills and occupational training; (B) facilitate means of transitioning from noncredit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions; (C) build or enhance linkages including the development of dual enrollment programs and early college high schools between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006); (D) implement other innovative programs designed to increase the provision of training for students, including students who are veteran members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors; and (E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or in-demand occupation, which shall include opportunities that transition individuals into employment. (4) The support of regional or national in-demand industry sectors to develop skills consortia that will identify pressing workforce needs and develop solutions such as— (A) standardizing industry certifications; (B) developing new training technologies; and (C) collaborating with industry employers to define and describe how specific skills lead to particular jobs and career opportunities. (g) Authorizations of appropriations There are authorized to be appropriated to the Secretary of Labor $100,000,000 for each of fiscal years 2014 through 2016 to carry out this section. (h) Definitions For the purposes of this section— (1) the term in-demand industry sector means an industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the State, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; and (2) the term in-demand occupation means an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the State, regional, or local economy. 206. National Research Council report on STEAM education (a) Sense of Congress It is the sense of Congress that— (1) the Science, Technology, Engineering, and Mathematics (STEM) Talent Expansion Program set an important goal of increasing the number of students graduating with associate or baccalaureate degrees in the STEM fields, and this should continue to be a focus of that program; (2) to further the goal of the STEM Talent Expansion Program, as well as STEM education promotion programs across the Federal Government, innovative approaches are needed to enhance STEM education in the United States; (3) STEAM, which is the integration of arts and design, broadly defined, into Federal STEM programming, research, and innovation activities, is a method-validated approach to maintaining the competitiveness of the United States in both workforce and innovation and to increasing and broadening students’ engagement in the STEM fields; (4) STEM graduates need more than technical skills to thrive in the 21st century workforce; they also need to be creative, innovative, collaborative, and able to think critically; (5) STEAM should be recognized as providing value to STEM research and education programs across Federal agencies, without supplanting the focus on the traditional STEM disciplines; (6) Federal agencies should work cooperatively on interdisciplinary initiatives to support the integration of arts and design into STEM, and current interdisciplinary programs should be strengthened; (7) Federal agencies should allow for STEAM activities under current and future grant-making and other activities; and (8) Federal agencies should clarify that, where appropriate, data collection, surveys, and reporting on STEM activities and grant-making should examine activities that involve cross-disciplinary learning that integrates specialized skills and expertise from both art and science. (b) National Research Council workshop The National Science Foundation shall enter into an arrangement with the National Research Council to conduct a workshop on the integration of arts and design with STEM education. The workshop shall include a discussion of— (1) how the perspectives and experience of artists and designers may contribute to the advancement of science, engineering, and innovation, for example through the development of visualization aids for large experimental and computational data sets; (2) how arts and design-based education experiences might support formal and informal STEM education at the pre-K–12 level, particularly in fostering creativity and risk taking, and encourage more students to pursue STEM studies, including students from groups historically underrepresented in STEM; (3) how the teaching of design principles can be better integrated into undergraduate engineering and other STEM curricula, including in the first two years of undergraduate studies, to enhance student capacity for creativity and innovation and improve student retention, including students from groups historically underrepresented in STEM; and (4) what additional steps, if any, Federal science agencies should take to promote the inclusion of arts and design principles in their respective STEM programs and activities in order to improve student STEM learning outcomes, increase the recruitment and retention of students into STEM studies and careers, and increase innovation in the United States. (c) Report Not later than 18 months after the date of enactment of this Act, the National Research Council shall submit a report to Congress providing a summary description of the discussion and findings from the workshop required under subsection (b). 207. Engaging Federal scientists and engineers in STEM education The Director of the Office of Science and Technology Policy shall develop guidance for Federal agencies to increase opportunities and training, as appropriate, for Federal scientists and engineers to participate in STEM engagement activities through their respective agencies and in their communities. B Broadening participation in STEM 211. Short title This subtitle may be cited as the STEM Opportunities Act of 2014 . 212. Purpose (a) In general The Director of the Office of Science and Technology Policy, acting through the Federal science agencies, shall carry out programs and activities with the purpose of ensuring that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging their entire talent pool. (b) Purposes The purposes of this subtitle are as follows: (1) To promote research on and increase understanding of the participation and trajectories of women and underrepresented minorities in STEM careers at institutions of higher education and Federal science agencies, including Federal laboratories. (2) To raise awareness within Federal science agencies, including Federal laboratories, and institutions of higher education about cultural and institutional barriers limiting the recruitment, retention, promotion, and other indicators of participation and achievement of women and underrepresented minorities in academic and Government STEM research careers at all levels. (3) To identify, disseminate, and implement best practices at Federal science agencies, including Federal laboratories, and at institutions of higher education to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of women and underrepresented minorities in academic and Government STEM research careers. (4) To provide grants to institutions of higher education to recruit, retain, and advance STEM faculty members from underrepresented minority groups and to implement or expand reforms in undergraduate STEM education in order to increase the number of students from underrepresented minority groups receiving degrees in these fields. 213. Federal science agency policies for caregivers (a) OSTP guidance Not later than 6 months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall provide guidance to Federal science agencies to establish policies that— (1) apply to all— (A) intramural and extramural research awards; and (B) primary investigators who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member who is sick or disabled; and (2) provide— (A) flexibility in timing for the initiation of approved research awards; (B) no-cost extensions of research awards; (C) grant supplements as appropriate to research awards for research technicians or equivalent to sustain research activities; and (D) any other appropriate accommodations at the discretion of the head of each agency. (b) Uniformity of guidance In providing such guidance, the Director of the Office of Science and Technology Policy shall encourage uniformity and consistency in the policies across all agencies. (c) Establishment of policies Consistent with the guidance provided under this section, Federal science agencies shall maintain or develop and implement policies for caregivers and shall broadly disseminate such policies to current and potential grantees. (d) Data on usage Federal science agencies shall— (1) collect data on the usage of the policies under subsection (c), by gender, at both institutions of higher education and Federal laboratories; and (2) report such data on an annual basis to the Director of the Office of Science and Technology Policy in such form as required by the Director. 214. Collection and reporting of data on Federal research grants (a) Collection of data (1) In general Each Federal science agency shall collect standardized record-level annual information on demographics, primary field, award type, budget request, funding outcome, and awarded budget for all applications for merit-reviewed research and development grants to institutions of higher education and Federal laboratories supported by that agency. (2) Uniformity and standardization The Director of the Office of Science and Technology Policy shall establish a policy to ensure uniformity and standardization of the data collection required under paragraph (1). (3) Record-level data (A) Requirement On an annual basis, beginning with the deadline under subparagraph (C), each Federal science agency shall submit to the Director of the National Science Foundation record-level data collected under paragraph (1) in the form required by such Director. (B) Previous data As part of the first submission under subparagraph (A), each Federal science agency, to the extent practicable, shall also submit comparable record-level data for the 5 years preceding the deadline under subparagraph (C). (C) Deadline The deadline under this paragraph is 2 years after the date of enactment of this Act. (b) Reporting of data The Director of the National Science Foundation shall publish statistical summary data collected under this section, disaggregated and cross-tabulated by race, ethnicity, gender, age, and years since completion of doctoral degree, including in conjunction with the National Science Foundation’s report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96–516 ). 215. Policies for review of Federal research grants (a) In general The Director of the Office of Science and Technology Policy, in collaboration with the Director of the National Science Foundation, shall identify information and best practices useful for educating program officers and members of standing peer review committees at Federal science agencies about— (1) research on implicit bias based on gender, race, or ethnicity; and (2) methods to minimize the effect of such bias in the review of extramural and intramural Federal research grants. (b) Guidance to all Federal science agencies The Director of the Office of Science and Technology Policy shall disseminate the information and best practices identified in subsection (a) to all Federal science agencies and provide guidance as necessary on policies to implement such practices within each agency. (c) Establishment of policies Consistent with the guidance provided in subsection (b), Federal science agencies shall maintain or develop and implement policies and practices to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants. (d) Report to Congress Not later than 2 years after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall report to Congress on what steps all Federal science agencies have taken to implement policies and practices to minimize the effects of bias in the review of extramural and intramural Federal research grants. 216. Collection of data on demographics of faculty (a) Collection of data (1) In general Not later than 3 years after the date of enactment of this Act, and at least every 5 years thereafter, the Director of the National Science Foundation shall carry out a survey to collect institution-level data on the demographics of STEM faculty, by broad fields of STEM, at different types of institutions of higher education. (2) Considerations To the extent practicable, the Director of the National Science Foundation shall consider, by gender, race, ethnicity, citizenship status, age, and years since completion of doctoral degree— (A) the number and percentage of faculty; (B) the number and percentage of faculty at each rank; (C) the number and percentage of faculty who are in nontenure-track positions, including teaching and research; (D) the number and percentage of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, including being awarded tenure; (E) faculty years in rank; (F) the number and percentage of faculty to leave tenure-track positions; (G) the number and percentage of faculty hired, by rank; and (H) the number and percentage of faculty in leadership positions. (b) Existing surveys The Director of the National Science Foundation— (1) may carry out the requirements under subsection (a) by collaborating with statistical centers at other Federal agencies to modify or expand, as necessary, existing Federal surveys of higher education; or (2) may award a grant or contract to an institution of higher education or other nonprofit organization to design and carry out the requirements under subsection (a) . (c) Reporting data The Director of the National Science Foundation shall publish statistical summary data collected under this section, including as part of the National Science Foundation’s report required by section 37 of the Science and Technology Equal Opportunities Act ( 42 U.S.C. 1885d ; Public Law 96–516 ). (d) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $3,000,000 for each of fiscal years 2014 through 2016 to develop and carry out the initial survey required in subsection (a) . 217. Cultural and institutional barriers to expanding the academic and Federal STEM workforce (a) Best practices at institutions of higher education (1) Development of guidance Not later than 6 months after the date of enactment of this Act, the Director of the National Science Foundation shall develop written guidance for institutions of higher education on the best practices for— (A) conducting periodic campus culture surveys of STEM departments, with a particular focus on identifying any cultural or institutional barriers to or successful enablers for the recruitment, retention, promotion, and other indicators of participation and achievement, of women and underrepresented minorities in STEM degree programs and academic STEM careers; and (B) providing educational opportunities, including workshops as described in subsection (c) , for STEM faculty and administrators to learn about current research on implicit bias in recruitment, evaluation, and promotion of faculty in STEM and recruitment and evaluation of undergraduate and graduate students in STEM degree programs. (2) Existing guidance In developing the guidance in paragraph (1) , the Director of the National Science Foundation shall utilize guidance already developed by the National Aeronautics and Space Administration, the Department of Energy, and the Department of Education. (3) Dissemination of guidance The Director of the National Science Foundation shall broadly disseminate the guidance developed in paragraph (1) to institutions of higher education that receive Federal research funding. (4) Reports to the National Science Foundation The Director of the National Science Foundation shall develop a policy that— (A) applies to, at a minimum, the institutions classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2013, as a doctorate-granting university with a very high level of research activity; and (B) requires each institution identified in subparagraph (A) , not later than 3 years after the date of enactment of this Act, to report to the Director of the National Science Foundation on activities and policies developed and implemented based on the guidance provided in paragraph (1) . (b) Best practices at Federal laboratories (1) Development of guidance Not later than 6 months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall develop written guidance for Federal laboratories to develop and implement practices and policies to— (A) conduct periodic laboratorywide culture surveys of research personnel at all levels, with a particular focus on identifying any cultural or institutional barriers to the recruitment, retention, and success of women and underrepresented minorities in STEM careers at Federal laboratories; and (B) provide educational opportunities, including workshops as described in subsection (c) , for STEM research personnel to learn about current research in implicit bias in recruitment, evaluation, and promotion of research personnel at Federal laboratories. (2) Establishment of policies Consistent with the guidance provided in paragraph (1) , Federal science agencies with Federal laboratories shall maintain or develop and implement policies for their respective Federal laboratories. (c) Workshops To address cultural barriers To expanding the academic and Federal STEM workforce (1) In general Not later than 6 months after the date of enactment of this Act, the Director of the National Science Foundation shall recommend a uniform policy for Federal science agencies to carry out a program of workshops that educate STEM department chairs at institutions of higher education, senior managers at Federal laboratories, and other federally funded researchers about methods that minimize the effects of implicit bias in the career advancement, including hiring, tenure, promotion, and selection for any honor based in part on the recipient’s research record, of academic and Federal STEM researchers. (2) Interagency coordination The Director of the National Science Foundation shall ensure that workshops supported under this subsection are coordinated across Federal science agencies and jointly supported as appropriate. (3) Minimizing costs To the extent practicable, workshops shall be held in conjunction with national or regional STEM disciplinary meetings to minimize costs associated with participant travel. (4) Priority fields for academic participants In considering the participation of STEM department chairs and other academic researchers, the Director of the National Science Foundation shall prioritize workshops for the broad fields of STEM in which the national rate of representation of women among tenured or tenure-track faculty or non-faculty researchers at doctorate-granting institutions of higher education is less than 25 percent, according to the most recent data available from the National Center for Science and Engineering Statistics. (5) Organizations eligible to carry out workshops Federal science agencies may carry out the program of workshops under this subsection by making grants to eligible organizations. In addition to any other organizations made eligible by the Federal science agencies, the following organizations are eligible for grants under this subsection: (A) Nonprofit scientific and professional societies and organizations that represent one or more STEM disciplines. (B) Nonprofit organizations that have the primary mission of advancing the participation of women or underrepresented minorities in STEM. (6) Characteristics of workshops The workshops shall have the following characteristics: (A) Invitees to workshops shall include at least— (i) the chairs of departments in the relevant STEM discipline or disciplines from at least the top 50 institutions of higher education, as determined by the amount of Federal research and development funds obligated to each institution of higher education in the prior year based on data available from the National Science Foundation; and (ii) in the case of Federal laboratories, individuals with personnel management responsibilities comparable to those of an institution of higher education department chair. (B) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of implicit bias in recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement for faculty and other federally funded STEM researchers and shall provide strategies to overcome such bias. (C) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by underrepresented subgroups, including minority women, minority men, and first generation minority graduates in research. (D) Workshop programs shall include information on best practices for mentoring undergraduate and graduate women and underrepresented minority students. (7) Data on workshops Any proposal for funding by an organization seeking to carry out a workshop under this subsection shall include a description of how such organization will— (A) collect data on the rates of attendance by invitees in workshops, including information on the home institution and department of attendees, and the rank of faculty attendees; (B) conduct attitudinal surveys on workshop attendees before and after the workshops; and (C) collect follow-up data on any relevant institutional policy or practice changes reported by attendees not later than 1 year after attendance in such a workshop. (8) Report to NSF Organizations receiving funding to carry out workshops under this subsection shall report the data required in paragraph (7) to the Director of the National Science Foundation in such form as required by such Director. (d) Report to Congress Not later than 4 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress that includes— (1) a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection (a) based on the reports submitted under paragraph (4) of such subsection; and (2) a description and evaluation of the status and effectiveness of the program of workshops required under subsection (c) , including a summary of any data reported under paragraph (8) of such subsection. (e) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $2,000,000 for each of fiscal years 2014 through 2018 to carry out this section. 218. Research and dissemination at the National Science Foundation (a) In general The Director of the National Science Foundation shall award research grants and carry out dissemination activities consistent with the purposes of this subtitle, including— (1) research grants to analyze the record-level data collected under section 214 and section 216, consistent with policies to ensure the privacy of individuals identifiable by such data; (2) research grants to study best practices for work-life accommodation; (3) research grants to study the impact of policies and practices that are implemented under this subtitle or that are otherwise consistent with the purposes of this subtitle; (4) collaboration with other Federal science agencies and professional associations to exchange best practices, harmonize work-life accommodation policies and practices, and overcome common barriers to work-life accommodation; and (5) collaboration with institutions of higher education in order to clarify and catalyze the adoption of a coherent and consistent set of work-life accommodation policies and practices. (b) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $5,000,000 for each of fiscal years 2014 through 2018 to carry out this section. 219. Report to Congress Not later than 4 years after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall submit a report to Congress that includes— (1) a description and evaluation of the status and usage of caregiver policies at all Federal science agencies, including any recommendations for revising or expanding such policies; (2) a description of any significant updates to the policies for review of Federal research grants required under section 215, and any evidence of the impact of such policies on the review or awarding of Federal research grants; and (3) a description and evaluation of the status of Federal laboratory policies and practices required under section 217(b), including any recommendations for revising or expanding such policies. 220. National Science Foundation support for increasing diversity among STEM faculty at institutions of higher education (a) Grants The Director of the National Science Foundation shall award grants to institutions of higher education (or consortia thereof) for the development of innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers. (b) Merit review; competition Grants shall be awarded under this section on a merit-reviewed, competitive basis. (c) Use of funds Activities supported by grants under this section may include— (1) institutional assessment activities, such as data analyses and policy review, in order to identify and address specific issues in the recruitment, retention, and advancement of faculty members from underrepresented minority groups; (2) implementation of institution-wide improvements in workload distribution, such that faculty members from underrepresented minority groups are not disadvantaged in the amount of time available to focus on research, publishing papers, and engaging in other activities required to achieve tenure status and run a productive research program; (3) development and implementation of training courses for administrators and search committee members to ensure that candidates from underrepresented minority groups are not subject to implicit biases in the search and hiring process; (4) development and hosting of intra- or inter-institutional workshops to propagate best practices in recruiting, retaining, and advancing faculty members from underrepresented minority groups; (5) professional development opportunities for faculty members from underrepresented minority groups; (6) activities aimed at making undergraduate STEM students from underrepresented minority groups aware of opportunities for academic careers in STEM fields; (7) activities to identify and engage exceptional graduate students from underrepresented minority groups at various stages of their studies and to encourage them to enter academic careers; and (8) other activities consistent with subsection (a) , as determined by the Director of the National Science Foundation. (d) Selection process (1) Application An institution of higher education (or consortia thereof) seeking funding under this section shall submit an application to the Director of the National Science Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of— (A) the reform effort that is being proposed for implementation by the institution of higher education; (B) any available evidence of specific difficulties in the recruitment, retention, and advancement of faculty members from underrepresented minority groups in STEM academic careers within the institution of higher education submitting an application, and how the proposed reform effort would address such issues; (C) how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the grant; and (D) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. (2) Review of applications In selecting grant recipients under this section, the Director of the National Science Foundation shall consider, at a minimum— (A) the likelihood of success in undertaking the proposed reform effort at the institution of higher education submitting the application, including the extent to which the administrators of the institution are committed to making the proposed reform effort a priority; (B) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on the recruitment, retention, and advancement of faculty members from underrepresented minority groups; (C) the likelihood that the institution of higher education will sustain or expand the proposed reform effort beyond the period of the grant; and (D) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. (3) Grant distribution The Director of the National Science Foundation shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education. (e) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $10,000,000 for each of fiscal years 2014 through 2018 to carry out this section. 221. National Science Foundation support for broadening participation in undergraduate STEM education (a) Grants The Director of the National Science Foundation shall award grants to institutions of higher education (or consortia thereof) to implement or expand research-based reforms in undergraduate STEM education for the purpose of recruiting and retaining students from minority groups who are underrepresented in STEM fields, with a priority focus on natural science and engineering fields. (b) Merit review; competition Grants shall be awarded under this section on a merit-reviewed, competitive basis. (c) Use of funds Activities supported by grants under this section may include— (1) implementation or expansion of innovative, research-based approaches to broaden participation of underrepresented minority groups in STEM fields; (2) implementation or expansion of bridge, cohort, tutoring, or mentoring programs designed to enhance the recruitment and retention of students from underrepresented minority groups in STEM fields; (3) implementation or expansion of outreach programs linking institutions of higher education and K–12 school systems in order to heighten awareness among pre-college students from underrepresented minority groups of opportunities in college-level STEM fields and STEM careers; (4) implementation or expansion of faculty development programs focused on improving retention of undergraduate STEM students from underrepresented minority groups; (5) implementation or expansion of mechanisms designed to recognize and reward faculty members who demonstrate a commitment to increasing the participation of students from underrepresented minority groups in STEM fields; (6) expansion of successful reforms aimed at increasing the number of STEM students from underrepresented minority groups beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit to other STEM academic units within an institution of higher education; (7) expansion of opportunities for students from underrepresented minority groups to conduct STEM research in industry, at Federal laboratories, and at international research institutions or research sites; (8) provision of stipends for students from underrepresented minority groups participating in research; (9) development of research collaborations between research-intensive universities and primarily undergraduate minority-serving institutions; (10) support for graduate students and postdoctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions, including primarily undergraduate minority-serving institutions and two-year institutions of higher education; and (11) other activities consistent with subsection (a) , as determined by the Director of the National Science Foundation. (d) Selection process (1) Application An institution of higher education (or consortium thereof) seeking a grant under this section shall submit an application to the Director of the National Science Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum— (A) a description of the proposed reform effort; (B) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform, a description of the previously implemented reform effort, including data about the recruitment, retention, and academic achievement of students from underrepresented minority groups; (C) evidence of an institutional commitment to, and support for, the proposed reform effort, including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the grant proposal; (D) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in STEM; and (E) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. (2) Review of applications In selecting grant recipients under this section, the Director of the National Science Foundation shall consider, at a minimum— (A) the likelihood of success of the proposed reform effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units; (B) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on faculty engagement in the retention of students from underrepresented minority groups; (C) the likelihood that the institution will sustain or expand the proposed reform effort beyond the period of the grant; and (D) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. (3) Priority For applications that include an expansion of existing reforms beyond a single academic unit, the Director of the National Science Foundation shall give priority to applications for which a senior institutional administrator, such as a dean or other administrator of equal or higher rank, serves as the principal investigator. (4) Grant distribution The Director of the National Science Foundation shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education, including two-year and minority-serving institutions of higher education. (e) Education research (1) In general All grants made under this section shall include an education research component that will support the design and implementation of a system for data collection and evaluation of proposed reform efforts in order to build the knowledge base on promising models for increasing recruitment and retention of students from underrepresented minority groups in STEM education at the undergraduate level across a diverse set of institutions. (2) Dissemination The Director of the National Science Foundation shall coordinate with relevant Federal agencies in disseminating the results of the research under this subsection to ensure that best practices in broadening participation in STEM education at the undergraduate level are made readily available to all institutions of higher education, other Federal agencies that support STEM programs, non-Federal funders of STEM education, and the general public. (f) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $15,000,000 for each of fiscal years 2014 through 2018 to carry out this section. 222. Definitions (a) This subtitle In this subtitle: (1) Federal laboratory The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 ). (2) Federal science agency The term Federal science agency means any Federal agency with at least $100,000,000 in research and development expenditures in fiscal year 2012. (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) STEM The term STEM means science, technology, engineering, and mathematics, including computer science. (b) National Science Foundation Authorization Act of 2002 Section 4 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n note) is amended— (1) by redesignating paragraph (16) as paragraph (17); and (2) by inserting after paragraph (15) the following new paragraph: (16) STEM The term STEM means science, technology, engineering, and mathematics, including computer science. . III NATIONAL SCIENCE FOUNDATION A General Provisions 301. Authorization of appropriations (a) Fiscal year 2015 (1) In general There are authorized to be appropriated to the Foundation $7,520,900,000 for fiscal year 2015. (2) Specific allocations Of the amount authorized under paragraph (1)— (A) $6,099,360,000 shall be made available for research and related activities; (B) $888,830,000 shall be made available for education and human resources, of which $62,000,000 shall be for informal STEM education activities under section 327; (C) $200,760,000 shall be made available for major research equipment and facilities construction; (D) $312,900,000 shall be made available for agency operations and award management; (E) $4,430,000 shall be made available for the Office of the National Science Board, including salaries and compensation for members of the Board and staff appointed under section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 ), travel and training costs for members of the Board and such staff, general and Board operating expenses, representational expenses for the Board, honorary awards made by the Board, Board reports (other than the report entitled Science and Engineering Indicators ), and contracts; and (F) $14,630,000 shall be made available for the Office of Inspector General. (b) Fiscal year 2016 (1) In general There are authorized to be appropriated to the Foundation $7,885,770,000 for fiscal year 2016. (2) Specific allocations Of the amount authorized under paragraph (1)— (A) $6,404,330,000 shall be made available for research and related activities; (B) $933,270,000 shall be made available for education and human resources, of which $65,100,000 shall be for informal STEM education activities under section 327; (C) $200,000,000 shall be made available for major research equipment and facilities construction; (D) $328,550,000 shall be made available for agency operations and award management; (E) $4,560,000 shall be made available for the Office of the National Science Board, including salaries and compensation for members of the Board and staff appointed under section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 ), travel and training costs for members of the Board and such staff, general and Board operating expenses, representational expenses for the Board, honorary awards made by the Board, Board reports (other than the report entitled Science and Engineering Indicators ), and contracts; and (F) $15,060,000 shall be made available for the Office of Inspector General. (c) Fiscal year 2017 (1) In general There are authorized to be appropriated to the Foundation $8,269,670,000 for fiscal year 2017. (2) Specific allocations Of the amount authorized under paragraph (1)— (A) $6,724,550,000 shall be made available for research and related activities; (B) $979,930,000 shall be made available for education and human resources, of which $68,360,000 shall be for informal STEM education activities under section 327; (C) $200,000,000 shall be made available for major research equipment and facilities construction; (D) $344,970,000 shall be made available for agency operations and award management; (E) $4,700,000 shall be made available for the Office of the National Science Board, including salaries and compensation for members of the Board and staff appointed under section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 ), travel and training costs for members of the Board and such staff, general and Board operating expenses, representational expenses for the Board, honorary awards made by the Board, Board reports (other than the report entitled Science and Engineering Indicators ), and contracts; and (F) $15,520,000 shall be made available for the Office of Inspector General. (d) Fiscal year 2018 (1) In general There are authorized to be appropriated to the Foundation $8,672,740,000 for fiscal year 2018. (2) Specific allocations Of the amount authorized under paragraph (1)— (A) $7,060,780,000 shall be made available for research and related activities; (B) $1,028,930,000 shall be made available for education and human resources, of which $71,770,000 shall be for informal STEM education activities under section 327; (C) $200,000,000 shall be made available for major research equipment and facilities construction; (D) $362,220,000 shall be made available for agency operations and award management; (E) $4,840,000 shall be made available for the Office of the National Science Board, including salaries and compensation for members of the Board and staff appointed under section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 ), travel and training costs for members of the Board and such staff, general and Board operating expenses, representational expenses for the Board, honorary awards made by the Board, Board reports (other than the report entitled Science and Engineering Indicators ), and contracts; and (F) $15,980,000 shall be made available for the Office of Inspector General. (e) Fiscal year 2019 (1) In general There are authorized to be appropriated to the Foundation $9,095,970,000 for fiscal year 2019. (2) Specific allocations Of the amount authorized under paragraph (1)— (A) $7,413,810,000 shall be made available for research and related activities; (B) $1,080,370,000 shall be made available for education and human resources, of which $75,360,000 shall be for informal STEM education activities under section 327; (C) $200,000,000 shall be made available for major research equipment and facilities construction; (D) $380,330,000 shall be made available for agency operations and award management; (E) $4,980,000 shall be made available for the Office of the National Science Board, including salaries and compensation for members of the Board and staff appointed under section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 ), travel and training costs for members of the Board and such staff, general and Board operating expenses, representational expenses for the Board, honorary awards made by the Board, Board reports (other than the report entitled Science and Engineering Indicators ), and contracts; and (F) $16,460,000 shall be made available for the Office of Inspector General. 302. Sense of Congress on support for all fields of science and engineering It is the sense of Congress that in order to achieve its mission to promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense … the National Science Foundation must continue to support unfettered, competitive, merit-reviewed basic research across all fields of science and engineering, including the social and behavioral sciences. It is further the sense of Congress that the Foundation’s process for selecting proposals for funding, which includes merit review based on both intellectual merit and broader impacts, remains the gold standard for the world, and that program officers and division directors at the Foundation play an essential role in this process. 303. Management and oversight of large facilities (a) Large facilities office The Director shall maintain a Large Facilities Office within the Foundation. The functions of the Large Facilities Office shall be to support the research directorates in the development and implementation of major research facilities, including by— (1) serving as the Foundation’s primary resource for all policy or process issues related to the development and implementation of major research facilities; (2) serving as a Foundation-wide resource on project management, including providing expert assistance on nonscientific and nontechnical aspects of project planning, budgeting, implementation, management, and oversight; and (3) coordinating and collaborating with research directorates to share best management practices and lessons learned from prior projects. (b) Oversight of large facilities The Director shall appoint a senior agency official within the Office of the Director whose primary responsibility is oversight of major research facilities. The duties of this official shall include— (1) oversight of the development, construction, and operation of major research facilities across the Foundation; (2) in collaboration with the directors of the research directorates and other senior agency officials as appropriate, ensuring that the requirements of section 14(a) of the National Science Foundation Authorization Act of 2002 are satisfied; (3) serving as a liaison to the National Science Board for approval and oversight of major research facilities; and (4) periodically reviewing and updating as necessary Foundation policies and guidelines for the development and construction of major research facilities. (c) Policies for costing large facilities (1) In general The Director shall ensure that the Foundation’s policies for developing and managing major research facility construction costs are consistent with the best practices described in the March 2009 General Accountability Office Report GAO–09–3SP. (2) Report Not later than 12 months after the date of enactment of this Act, the Director shall submit to Congress a report describing the Foundation’s policies for developing and managing major research facility construction costs, including a description of any aspects of the policies that diverge from the best practices recommended in General Accountability Office Report GAO–09–3SP. 304. Data management plans (a) Development of data management policies Not later than 6 months after the date of enactment of this Act, the Director shall develop and implement a policy requiring that all proposals for research funding from the Foundation include a plan for long-term management of data resulting from such funding. (b) Requirements The policy shall— (1) include a clear definition of what constitutes data for the purposes of data management plans; (2) include mechanisms to ensure appropriate evaluation of the merits of submitted data management plans required under this section; (3) include mechanisms to ensure that researchers comply with approved data management plans; and (4) allow for the inclusion of appropriate costs for data management in proposals for research grants. (c) Public databases The Foundation shall promote the deposit of data covered under this section in publicly accessible databases, where appropriate and available. 305. Support for potentially transformative research (a) In general The Director shall establish and periodically update grant solicitation, merit review, and funding policies and mechanisms designed to identify and provide support for high-risk, high-reward basic research proposals. (b) Policies and mechanisms Such policies and mechanisms may include— (1) development of solicitations specifically for high-risk, high-reward basic research; (2) establishment of review panels for the primary purpose of selecting high-risk, high-reward proposals; (3) development of guidance to standard review panels to encourage the identification and consideration of high-risk, high-reward proposals; and (4) support for workshops and other conferences with the primary purpose of identifying new opportunities for high-risk, high-reward basic research, especially at interdisciplinary interfaces. (c) Definition For purposes of this section, the term high-risk, high-reward basic research means research driven by ideas that have the potential to radically change our understanding of an important existing scientific or engineering concept, or leading to the creation of a new paradigm or field of science or engineering, and that is characterized by its challenge to current understanding or its pathway to new frontiers. 306. Strengthening institutional research partnerships (a) In general For any Foundation research grant, in an amount greater than $5,000,000, to be carried out through a partnership that includes one or more minority-serving institutions or predominantly undergraduate institutions and one or more institutions described in subsection (b), the Director shall award funds directly, according to the budget justification described in the grant proposal, to at least two of the institutions of higher education in the partnership, including at least one minority-serving institution or one predominantly undergraduate institution, to ensure a strong and equitable partnership. (b) Institutions The institutions referred to in subsection (a) are institutions of higher education that are among the 100 institutions receiving, over the 3-year period immediately preceding the awarding of grants, the highest amount of research funding from the Foundation. (c) Report Not later than 2 years after the date of enactment of this Act, the Director shall provide a report to Congress on institutional research partnerships identified in subsection (a) funded in the 2 previous fiscal years and make any recommendations for how such partnerships can continue to be strengthened. 307. Innovation Corps (a) Sense of congress It is the sense of Congress that— (1) the National Science Foundation’s Innovation Corps (I-Corps) was established to foster a national innovation ecosystem by encouraging institutions, scientists, engineers, and entrepreneurs to identify and explore the innovation and commercial potential of Foundation-funded research well beyond the laboratory; (2) the Foundation’s I-Corps includes investments in entrepreneurship and commercialization education, training, and mentoring, ultimately leading to the practical deployment of technologies, products, processes, and services that improve the Nation’s competitiveness, promote economic growth, and benefit society; and (3) by building networks of entrepreneurs, educators, mentors, institutions, and collaborations, and supporting specialized education and training, I-Corps is at the leading edge of a strong, lasting foundation for an American innovation ecosystem. (b) Program (1) In general The Director shall carry out a program to award grants for entrepreneurship and commercialization education to Foundation-funded researchers to increase the economic and social impact of federally funded research. (2) Purposes The purpose of the program shall be to increase the capacity of STEM researchers and students to successfully engage in entrepreneurial activities and to help transition the results of federally funded research into the marketplace by— (A) identifying STEM research that can lead to the practical deployment of technologies, products, processes, and services that improve the Nation’s economic competitiveness; (B) bringing STEM researchers and students together with entrepreneurs, venture capitalists, and other industry representatives experienced in commercialization of new technologies; (C) supporting entrepreneurship and commercialization education and training for faculty, students, postdoctoral fellows, and other STEM researchers; and (D) promoting the development of regional and national networks of entrepreneurs, venture capitalists, and other industry representatives who can serve as mentors to researchers and students at Foundation-funded institutions across the country. (3) Additional use of funds Grants awarded under this subsection may be used to help support— (A) prototype and proof-of-concept development for the funded project; and (B) additional activities needed to build a national infrastructure for STEM entrepreneurship. (4) Other federal agencies The Director may establish agreements with other Federal agencies that fund scientific research to make researchers funded by those agencies eligible to participate in the Foundation’s Innovation Corps program. 308. Definitions For purposes of this title: (1) Director The term Director means the Director of the Foundation. (2) Foundation The term Foundation means the National Science Foundation. (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) STEM The term STEM means science, technology, engineering, and mathematics, including computer science. B STEM Education 321. National Science Board report on consolidation of STEM education activities at the Foundation (a) In general The National Science Board shall review and evaluate the appropriateness of the Foundation’s portfolio of STEM education programs and activities at the pre-K–12 and undergraduate levels, including informal education, taking into account the mission of the Foundation and the 2013 Federal STEM Education 5-Year Strategic Plan. (b) Report Not later than 1 year after the date of enactment of this Act, the National Science Board shall submit to Congress a report summarizing their findings and including— (1) an analysis of how well the Foundation’s portfolio of STEM education programs is contributing to the mission of the Foundation; (2) an analysis of how well STEM education programs and activities are coordinated and best practices are shared across the Foundation; (3) an analysis of how well the Foundation’s portfolio of STEM education programs is aligned with and contributes to priority STEM education investment areas described in the 2013 Federal STEM Education 5-Year Strategic Plan; (4) any Board recommendations regarding internal reorganization, including consolidation, of the Foundation’s STEM education programs and activities, taking into account both the mission of the Foundation and the 2013 Federal STEM Education 5-Year Strategic Plan; (5) any Board recommendations regarding the Foundation’s role in helping to implement the Federal STEM Education 5-Year Strategic Plan, including opportunities for the Foundation to more effectively partner and collaborate with other Federal agencies; and (6) any additional Board recommendations regarding specific management, policy, budget, or other steps the Foundation should take to increase effectiveness and accountability across its portfolio of STEM education programs and activities. 322. Models for graduate student support (a) In general The Director shall enter into an agreement with the National Research Council to convene a workshop or roundtable to examine models of Federal support for STEM graduate students, including the Foundation’s Graduate Research Fellowship program and comparable fellowship programs at other agencies, traineeship programs, and the research assistant model. (b) Purpose The purpose of the workshop or roundtable shall be to compare and evaluate the extent to which each of these models helps to prepare graduate students for diverse careers utilizing STEM degrees, including at diverse types of institutions of higher education, in industry, and at government agencies and research laboratories, and to make recommendations regarding— (1) how current Federal programs and models, including programs and models at the Foundation, can be improved; (2) the appropriateness of the current distribution of funding among the different models at the Foundation and across the agencies; and (3) the appropriateness of creating a new education and training program for graduate students distinct from programs that provide direct financial support, including the grants authorized in section 527 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 1862p–15 ). (c) Criteria At a minimum, in comparing programs and models, the workshop or roundtable participants shall consider the capacity of such programs or models to provide students with knowledge and skills— (1) to become independent, creative, successful researchers; (2) to participate in large interdisciplinary research projects, including in an international context; (3) to adhere to the highest standards for research ethics; (4) to become high-quality teachers utilizing the most currently available evidence-based pedagogy; (5) in oral and written communication, to both technical and nontechnical audiences; (6) in innovation, entrepreneurship, and business ethics; and (7) in program management. (d) Graduate student input The participants in the workshop or roundtable shall include current or recent STEM graduate students. (e) Report Not later than 1 year after the date of enactment of this Act, the National Research Council shall submit to Congress a summary report of the findings and recommendations of the workshop or roundtable convened under this section. 323. Undergraduate STEM education reform Section 17 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–6 ) is amended to read as follows: 17. Undergraduate STEM education reform (a) In general The Director, through the Directorate for Education and Human Resources, shall award grants, on a competitive, merit-reviewed basis, to institutions of higher education (or to consortia thereof) and to other eligible nonprofit organizations to reform undergraduate STEM education for the purpose of increasing the number and quality of students studying toward and completing baccalaureate degrees in STEM and improving the STEM learning outcomes for all undergraduate students. (b) Interdirectorate working group on undergraduate STEM education In carrying out the requirements of this section, the Directorate for Education and Human Resources shall collaborate and coordinate with the Research Directorates, including through the establishment of an interdirectorate working group on undergraduate STEM education reform, in order to identify and implement new and expanded opportunities for collaboration between STEM disciplinary researchers and education researchers on the reform of undergraduate STEM education. (c) Grants Research and development supported by grants under this section may encompass a single discipline, multiple disciplines, or interdisciplinary education at the undergraduate level, and may include— (1) research foundational to the improvement of teaching, learning, and retention; (2) development, implementation, and assessment of innovative, research-based approaches to transforming teaching, learning, and retention; and (3) scaling of successful efforts on learning and learning environments, broadening participation, workforce preparation, employing emerging technologies, or other reforms in STEM education, including expansion of successful STEM reform efforts beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit to other STEM academic units within an institution or to comparable academic units at other institutions. (d) Selection process (1) Applications An institution of higher education or other eligible nonprofit organization seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. In addition to a description of the proposed research, development, or scaling effort, including a description of the research findings that will serve as the basis for the proposed effort, applications shall include, at a minimum— (A) evidence of institutional support for, and commitment to, the proposed effort, including long-term commitment to implement and scale successful strategies resulting from the current effort; (B) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to undergraduate STEM education; and (C) a description of the plans for assessment and evaluation of the effort, including evidence of participation by individuals with experience in assessment and evaluation of teaching and learning programs. (2) Review of applications In selecting grant recipients for funding under this section, the Director shall consider, as appropriate to the scale of the proposed effort— (A) the likelihood of success in undertaking the proposed effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making undergraduate STEM education reform a priority of the participating academic unit or units; (B) the degree to which the proposed effort will contribute to change in institutional culture and policy such that a greater value is placed on faculty engagement in undergraduate education; (C) the likelihood that the institution will sustain or expand the effort beyond the period of the grant; and (D) the degree to which the proposed effort will contribute to the systematic accumulation of knowledge on STEM education. (3) Priority The Director shall give priority to proposals focused on the first 2 years of undergraduate education, including STEM education at 2-year institutions of higher education. (4) Grant distribution The Director shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education. . 324. Advanced manufacturing education Section 506(b) of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 1862p–1(b) ) is amended to read as follows: (b) Advanced manufacturing education The Director shall award grants, on a competitive, merit reviewed basis, to community colleges for the development and implementation of innovative advanced manufacturing education reforms to ensure an adequate and well-trained advanced manufacturing workforce. Activities supported by grants under this subsection may include— (1) the development or expansion of educational materials, courses, curricula, strategies, and methods that will lead to improved advanced manufacturing degree or certification programs, including the integration of industry standards and workplace competencies into the curriculum; (2) the development and implementation of faculty professional development programs that enhance a faculty member’s capabilities and teaching skills in advanced manufacturing, including efforts to understand current advanced manufacturing technologies and practices; (3) the establishment of centers that provide models and leadership in advanced manufacturing education and serve as regional or national clearinghouses for educational materials and methods, including in rural areas; (4) activities to enhance the recruitment and retention of students into certification and degree programs in advanced manufacturing, including the provision of improved mentoring and internship opportunities; (5) the establishment of partnerships with private sector entities to ensure the development of an advanced manufacturing workforce with the skills necessary to meet regional economic needs; and (6) other activities as determined appropriate by the Director. . 325. STEM education partnerships Section 9 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n ) is amended— (1) in the section heading, by striking mathematics and science and inserting STEM ; (2) by striking mathematics and science each place it appears in subsections (a) and (b) and inserting STEM ; (3) by striking mathematics or science each place it appears in subsection (a)(3) and (4)(A) and inserting STEM ; (4) by striking mathematics, science, or engineering in subsection (a)(2)(B) and inserting STEM ; (5) by striking mathematics, science, and technology in subsection (a)(3)(B)(ii)(II) and (8) and inserting STEM ; (6) by striking professional mathematicians, scientists, and engineers in subsection (a)(3)(F) and inserting STEM professionals ; (7) by striking mathematicians, scientists, and engineers in subsection (a)(3)(J) and (M) and inserting STEM professionals ; (8) by striking scientists, technologists, engineers, or mathematicians in subsection (a)(8) and inserting STEM professionals ; (9) by striking science, technology, engineering, and mathematics each place it appears in subsection (a)(3)(K) and (10) and inserting STEM ; (10) by striking science, technology, engineering, or mathematics in subsection (a)(10)(A)(ii)(II) and inserting STEM ; (11) by striking science, mathematics, engineering, and technology each place it appears in subsection (a)(5) and inserting STEM ; (12) by striking science, mathematics, engineering, or technology in subsection (a)(5) and inserting STEM ; (13) by striking mathematics, science, engineering, and technology in subsection (b)(1) and (2) and inserting STEM ; and (14) by striking subsection (d). 326. Noyce scholarship program amendments Section 10A of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–1a ) is amended— (1) in subsection (a)(2)(B), by inserting or bachelor’s after master’s ; (2) in subsection (c)— (A) by striking and at the end of paragraph (2)(B); (B) in paragraph (3), by— (i) inserting for teachers with master’s degrees in their field after Teaching Fellowships ; and (ii) by striking the period at the end of subparagraph (B) and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) in the case of National Science Foundation Master Teaching Fellowships for teachers with bachelor’s degrees in their field— (A) offering academic courses leading to a master’s degree and leadership training to prepare individuals to become master teachers in elementary and secondary schools; and (B) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields. ; (3) in subsection (e), by striking subsection (g) and inserting subsection (h) ; and (4) by adding after subsection (f) the following new subsection: (g) Support for Master Teaching Fellows while enrolled in a master’s degree program A National Science Foundation Master Teacher Fellow may receive a maximum of 1 year of fellowship support while enrolled in a master’s degree program as described in subsection (c)(4)(A), except that if such fellow is enrolled in a part-time program, such amount shall be prorated according to the length of the program. . 327. Informal STEM education (a) Grants The Director, through the Directorate for Education and Human Resources, shall continue to award competitive, merit-reviewed grants to support— (1) research and development of innovative out-of-school STEM learning and emerging STEM learning environments in order to improve STEM learning outcomes and engagement in STEM; and (2) research that advances the field of informal STEM education. (b) Uses of funds Activities supported by grants under this section may encompass a single STEM discipline, multiple STEM disciplines, or integrative STEM initiatives and shall include— (1) research and development that improves our understanding of learning and engagement in informal environments, including the role of informal environments in broadening participation in STEM; and (2) design and testing of innovative STEM learning models, programs, and other resources for informal learning environments to improve STEM learning outcomes and increase engagement for K–12 students, K–12 teachers, and the general public, including design and testing of the scalability of models, programs, and other resources. 328. Research and development to support improved K–12 learning (a) In general The Director, acting through the Directorate for Education and Human Resources, shall award competitive, merit-reviewed grants to support research and development on alignment, implementation, impact, and ongoing improvement of standards and equivalent learning expectations used by States in mathematics, science, and, as appropriate, other State-based STEM standards. (b) Research areas In making awards under this section, the Director shall consider proposals for research and development, including, as appropriate, large-scale research and development, of— (1) resources, including virtual resources such as web portals, for content, professional development, and research results; (2) teacher education and professional development; (3) learning progressions; (4) assessments; (5) metrics for evaluating the impact of standards; and (6) other areas of research and development that are likely to contribute to the alignment, implementation, impact, and ongoing improvement of standards in STEM subjects. IV NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 401. Short title This title may be cited as the National Institute of Standards and Technology Authorization Act of 2014 . 402. Authorization of appropriations (a) Fiscal year 2015 (1) In general There are authorized to be appropriated to the Secretary of Commerce $892,500,000 for the National Institute of Standards and Technology for fiscal year 2015. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $683,550,000 shall be authorized for scientific and technical research and services laboratory activities; (B) $58,800,000 shall be authorized for the construction and maintenance of facilities; and (C) $150,150,000 shall be authorized for industrial technology services activities, of which— (i) $134,400,000 shall be authorized for the Hollings Manufacturing Extension Partnership under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) and the program under section 26 of such Act ( 15 U.S.C. 278l ), of which not more than $20,000,000 shall be for the competitive grant program under section 25(f) of such Act; and (ii) $15,750,000 shall be authorized for the Advanced Manufacturing Technology Consortia program established under section 33 of such Act ( 15 U.S.C. 278r ). (b) Fiscal year 2016 (1) In general There are authorized to be appropriated to the Secretary of Commerce $937,130,000 for the National Institute of Standards and Technology for fiscal year 2016. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $717,730,000 shall be authorized for scientific and technical research and services laboratory activities; (B) $61,740,000 shall be authorized for the construction and maintenance of facilities; and (C) $157,660,000 shall be authorized for industrial technology services activities, of which— (i) $141,120,000 shall be authorized for the Hollings Manufacturing Extension Partnership under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) and the program under section 26 of such Act ( 15 U.S.C. 278l ), of which not more than $20,000,000 shall be for the competitive grant program under section 25(f) of such Act; and (ii) $16,540,000 shall be authorized for the Advanced Manufacturing Technology Consortia program established under section 33 of such Act ( 15 U.S.C. 278r ). (c) Fiscal year 2017 (1) In general There are authorized to be appropriated to the Secretary of Commerce $983,980,000 for the National Institute of Standards and Technology for fiscal year 2017. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $753,610,000 shall be authorized for scientific and technical research and services laboratory activities; (B) $64,830,000 shall be authorized for the construction and maintenance of facilities; and (C) $165,540,000 shall be authorized for industrial technology services activities, of which— (i) $148,180,000 shall be authorized for the Hollings Manufacturing Extension Partnership under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) and the program under section 26 of such Act ( 15 U.S.C. 278l ), of which not more than $20,000,000 shall be for the competitive grant program under section 25(f) of such Act; and (ii) $17,360,000 shall be authorized for the Advanced Manufacturing Technology Consortia program established under section 33 of such Act ( 15 U.S.C. 278r ). (d) Fiscal year 2018 (1) In general There are authorized to be appropriated to the Secretary of Commerce $1,033,180,000 for the National Institute of Standards and Technology for fiscal year 2018. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $791,290,000 shall be authorized for scientific and technical research and services laboratory activities; (B) $68,070,000 shall be authorized for the construction and maintenance of facilities; and (C) $173,820,000 shall be authorized for industrial technology services activities, of which— (i) $155,580,000 shall be authorized for the Hollings Manufacturing Extension Partnership under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) and the program under section 26 of such Act ( 15 U.S.C. 278l ), of which not more than $20,000,000 shall be for the competitive grant program under section 25(f) of such Act; and (ii) $18,230,000 shall be authorized for the Advanced Manufacturing Technology Consortia program established under section 33 of such Act ( 15 U.S.C. 278r ). (e) Fiscal year 2019 (1) In general There are authorized to be appropriated to the Secretary of Commerce $1,084,840,000 for the National Institute of Standards and Technology for fiscal year 2019. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $830,860,000 shall be authorized for scientific and technical research and services laboratory activities; (B) $71,470,000 shall be authorized for the construction and maintenance of facilities; and (C) $182,510,000 shall be authorized for industrial technology services activities, of which— (i) $163,360,000 shall be authorized for the Hollings Manufacturing Extension Partnership under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) and the program under section 26 of such Act ( 15 U.S.C. 278l ), of which not more than $20,000,000 shall be for the competitive grant program under section 25(f) of such Act; and (ii) $19,140,000 shall be authorized for the Advanced Manufacturing Technology Consortia program established under section 33 of such Act ( 15 U.S.C. 278r ). 403. Advanced manufacturing technology consortia Section 33 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278r ) is amended to read as follows: 33. Advanced manufacturing technology consortia (a) Authority (1) In general The Director shall carry out a program to facilitate the development of and provide support to industry-led consortia that will identify, prioritize, and address long-term, precompetitive industrial research needs in the area of advanced manufacturing. (2) Program objectives The objectives of the program established under this section include the following: (A) To promote collective public-private efforts to develop key technology platforms and infrastructure for advanced manufacturing. (B) To enable the prioritization of public research portfolios to be more responsive to the long-term technology development needs of industry. (C) To leverage Federal investment in advanced manufacturing with shared investment by the private sector. (D) To increase industrial research and development investment in precompetitive technology platforms and infrastructure. (E) To accelerate technological innovation in advanced manufacturing. (F) To foster broad participation by industry, the Federal Government, institutions of higher education, and State, local, and tribal governments in advanced manufacturing research and development. (b) Activities As part of the program established under this section, the Director shall— (1) support the formation of industry-led consortia composed of representatives from industry (including small and medium-sized manufacturers), institutions of higher education, the Federal Government, State, local, and tribal governments, and other entities, as appropriate; (2) collaborate with consortia participants in the development of technology roadmaps that identify research needs in the area of advanced manufacturing; (3) support precompetitive research directed at meeting the research needs identified in the roadmaps developed under paragraph (2); (4) promote the transfer of precompetitive technology platforms and infrastructure resulting from consortia research to the private sector and facilitate open access to the intellectual property underpinning those platforms and technology; and (5) facilitate the development of new technologies into commercial products. (c) Selection criteria In selecting applications for awards under this section, the Director shall consider, at a minimum— (1) the degree to which the activities proposed under the consortia will broadly impact manufacturing, including regional manufacturing efforts, and increase the productivity and economic competitiveness of the United States; (2) the level of technical risk to be addressed by the consortia; (3) the potential to produce fundamental new knowledge; and (4) the likelihood that the consortia will become self-sustaining, if appropriate. . 404. Network for manufacturing innovation The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq. ) is amended— (1) by redesignating section 34 as section 36; and (2) by inserting after section 33 ( 15 U.S.C. 278r ) the following: 34. Network for manufacturing innovation (a) Establishment of network for manufacturing innovation program (1) In general The Secretary shall establish within the Institute a program to be known as the Network for Manufacturing Innovation Program (referred to in this section as the Program ). (2) Purposes of program The purposes of the Program are— (A) to improve the competitiveness of United States manufacturing and to increase domestic production; (B) to stimulate United States leadership in advanced manufacturing research, innovation, and technology; (C) to facilitate the transition of innovative technologies into scalable, cost-effective, and high-performing manufacturing capabilities; (D) to facilitate access by manufacturing enterprises to capital-intensive infrastructure, including high-performance computing, in order to improve the speed with which such enterprises commercialize new processes and technologies; (E) to accelerate the development of an advanced manufacturing workforce; (F) to facilitate peer exchange of and the documentation of best practices in addressing advanced manufacturing challenges; and (G) to leverage non-Federal sources of support to promote a stable and sustainable business model without the need for long-term Federal funding. (3) Support The Secretary, acting through the Director, shall carry out the purposes set forth in paragraph (2) by supporting— (A) the Network for Manufacturing Innovation established under subsection (b); and (B) the establishment of centers for manufacturing innovation. (4) Director The Secretary shall carry out the Program through the Director. (b) Establishment of network for manufacturing innovation (1) In general As part of the Program, the Secretary shall establish a network of centers for manufacturing innovation. (2) Designation The network established under paragraph (1) shall be known as the Network for Manufacturing Innovation (referred to in this section as the Network ). (c) Centers for manufacturing innovation (1) In general For purposes of this section, a center for manufacturing innovation is a center that— (A) has been established by a person to address challenges in advanced manufacturing and to assist manufacturers in retaining or expanding industrial production and jobs in the United States; (B) has a predominant focus on a manufacturing process, novel material, enabling technology, supply chain integration methodology, or another relevant aspect of advanced manufacturing, as determined by the Secretary, with the potential— (i) to improve the competitiveness of United States manufacturing; (ii) to accelerate investment in advanced manufacturing production capacity in the United States; and (iii) to enable the commercial application of new technologies or industry-wide manufacturing processes; and (C) includes active participation among representatives from multiple industrial entities, research universities, community colleges, and such other entities as the Secretary considers appropriate, which may include career and technical education schools, Federal laboratories, State, local, and tribal governments, businesses, educational institutions, and nonprofit organizations. (2) Activities Activities of a center for manufacturing innovation may include the following: (A) Research, development, and demonstration projects, including proof-of-concept development and prototyping, to reduce the cost, time, and risk of commercializing new technologies and improvements in existing technologies, processes, products, and research and development of materials to solve pre-competitive industrial problems with economic or national security implications. (B) Development and implementation of education and training courses, materials, and programs. (C) Development of innovative methodologies and practices for supply chain integration and introduction of new technologies into supply chains. (D) Outreach and engagement with small and medium-sized manufacturing enterprises, in addition to large manufacturing enterprises. (E) Such other activities as the Secretary, in consultation with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, considers consistent with the purposes described in subsection (a)(2). (3) Additional centers for manufacturing innovation The National Additive Manufacturing Innovation Institute and pending manufacturing centers under interagency review shall be considered centers for manufacturing innovation. (d) Financial assistance To establish and support centers for manufacturing innovation (1) In general In carrying out the Program, the Secretary shall award financial assistance to a person to assist the person in planning, establishing, or supporting a center for manufacturing innovation. (2) Application A person seeking financial assistance under paragraph (1) shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. (3) Open process In soliciting applications for financial assistance under paragraph (1), the Secretary shall ensure an open process that will allow for the consideration of all applications relevant to advanced manufacturing regardless of technology area. (4) Selection (A) Competitive, merit review In awarding financial assistance under paragraph (1), the Secretary shall use a competitive, merit review process. (B) Collaboration In awarding financial assistance under paragraph (1), the Secretary shall, acting through the National Program Office established under subsection (e)(1), collaborate with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing. (C) Considerations In selecting a person who submitted an application under paragraph (2) for an award of financial assistance under paragraph (1), the Secretary shall consider, at a minimum, the following: (i) The potential of the center for manufacturing innovation to advance domestic manufacturing and the likelihood of economic impact in the predominant focus areas of the center for manufacturing innovation. (ii) The commitment of continued financial support, advice, participation, and other contributions from non-Federal sources to provide leverage and resources to promote a stable and sustainable business model without the need for long-term Federal funding. (iii) How the center for manufacturing innovation will engage with small and medium-sized manufacturing enterprises, to improve the capacity of such enterprises to commercialize new processes and technologies. (iv) How the center for manufacturing innovation will carry out educational and workforce activities that meet industrial needs related to the predominant focus areas of the center for manufacturing innovation. (v) How the center for manufacturing innovation will advance economic competitiveness. (vi) How the center for manufacturing innovation will strengthen and leverage the assets of a region. (5) Limitation on period for awards No award of financial assistance may be made under paragraph (1) to a center of manufacturing innovation after the 7-year period beginning on the date on which the Secretary first awards financial assistance to a center under such paragraph. (e) National program office (1) Establishment The Secretary shall establish or designate, within the Institute, an Advanced Manufacturing National Program Office (referred to in this section as the National Program Office ), which shall oversee and carry out the Program. (2) Functions The functions of the National Program Office are— (A) to oversee the planning, management, and coordination of the Program; (B) to enter into memorandums of understanding with Federal departments and agencies, whose missions contribute to or are affected by advanced manufacturing, to carry out the purposes described in subsection (a)(2); (C) to develop, not later than 1 year after the date of the enactment of the National Institute of Standards and Technology Authorization Act of 2014 , and update not less frequently than once every 3 years thereafter, a strategic plan to guide the Program; (D) to establish such procedures, processes, and criteria as may be necessary and appropriate to maximize cooperation and coordinate of the activities of the Program with programs and activities of other Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing; (E) to establish a clearinghouse of public information related to the activities of the Program; and (F) to act as a convener of the Network. (3) Recommendations In developing and updating the strategic plan under paragraph (2)(C), the Secretary shall solicit recommendations and advice from a wide range of stakeholders, including industry, small and medium-sized manufacturing enterprises, research universities, community colleges, and other relevant organizations and institutions. (4) Report to Congress The Secretary shall transmit the strategic plan required under paragraph (2)(C) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. (5) Hollings Manufacturing Extension Partnership The Secretary shall ensure that the National Program Office incorporates the Hollings Manufacturing Extension Partnership into Program planning to ensure that the results of the Program reach small and medium-sized entities. (6) Detailees Any Federal Government employee may be detailed to the National Program Office without reimbursement. Such detail shall be without interruption or loss of civil service status or privilege. (f) Reporting and auditing (1) Annual reports to the Secretary (A) In general The Secretary shall require recipients of financial assistance under subsection (d)(1) to annually submit a report to the Secretary that describes the finances and performance of the center for manufacturing innovation for which such assistance was awarded. (B) Elements Each report submitted under subparagraph (A) shall include— (i) an accounting of expenditures of amounts awarded to the recipient under subsection (d)(1); and (ii) a description of the performance of the center for manufacturing innovation with respect to— (I) its goals, plans, financial support, and accomplishments; and (II) how the center for manufacturing innovation has furthered the purposes described in subsection (a)(2). (2) Annual reports to Congress (A) In general Not less frequently than once each year, the Secretary shall submit a report to Congress that describes the performance of the Program during the most recent 1-year period. (B) Elements Each report submitted under subparagraph (A) shall include, for the period covered by the report— (i) a summary and assessment of the reports received by the Secretary under paragraph (1); (ii) an accounting of the funds expended by the Secretary under the Program; and (iii) an assessment of the Program with respect to the purposes described in subsection (a)(2). (3) Triennial assessment by GAO (A) In general Not less frequently than once every 3 years, the Comptroller General of the United States shall submit to Congress an assessment of the operation of the Program during the most recent 3-year period. (B) Elements Each assessment submitted under subparagraph (A) shall include, for the period covered by the report— (i) a review of the management, coordination, and industry utility of the Program; (ii) an assessment of the extent to which the Program has furthered the purposes described in subsection (a)(2); and (iii) such recommendations for legislative and administrative action as the Comptroller General considers appropriate to improve the Program. (g) Additional authorities (1) Appointment of personnel and contracts The Secretary may appoint such personnel and enter into such contracts, financial assistance agreements, and other agreements as the Secretary considers necessary or appropriate to carry out the Program including support for research and development activities involving a center for manufacturing innovation. (2) Transfer of funds The Secretary may transfer to other Federal agencies such sums as the Secretary considers necessary or appropriate to carry out the Program. (3) Authority of other agencies In the event that the Secretary exercises the authority to transfer funds to another agency under paragraph (2), such agency may award and administer all aspects of financial assistance awards under this section. (4) Use of resources In furtherance of the purposes of the Program, the Secretary may use, with the consent of a covered entity and with or without reimbursement, the land, services, equipment, personnel, and facilities of such covered entity. (5) Acceptance of resources In addition to amounts appropriated to carry out the Program, the Secretary may accept funds, services, equipment, personnel, and facilities from any covered entity to carry out the Program. (6) Covered entity For purposes of this subsection, a covered entity is any Federal department, Federal agency, instrumentality of the United States, State, local government, tribal government, territory or possession of the United States, or of any political subdivision thereof, or international organization, or any public or private entity or individual. (h) Patents Chapter 18 of title 35, United States Code, shall not apply if financial assistance is awarded under this section solely for the purpose of planning, establishing, or supporting new or existing centers for manufacturing innovation. (i) Funding (1) Network for manufacturing innovation fund (A) Establishment There is established in the Treasury of the United States a fund to be known as the Network for Manufacturing Innovation Fund (referred to in this paragraph as the Fund ). (B) Elements There shall be deposited in the Fund, which shall constitute the assets of the Fund, amounts appropriated or otherwise made available to carry out the Program. (C) Availability Amounts deposited in the Fund shall be available to the Secretary, at the discretion of the Secretary, or the Secretary’s delegee, to carry out the Program without further appropriation and without fiscal year limitation. (2) Authorization of appropriations There is authorized to be appropriated $600,000,000 to the Secretary to carry out this section. (3) Administrative expenses The Secretary may use not more than 5 percent of the amounts appropriated pursuant to paragraph (2) to pay the salaries, expenses, and other administrative costs incurred by the Secretary under this section. . 405. Hollings Manufacturing Extension Partnership Section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ) is amended to read as follows: 25. Hollings Manufacturing Extension Partnership (a) Establishment and purpose (1) In general The Secretary, through the Director shall provide assistance for the creation and support of regional manufacturing extension centers for the transfer of manufacturing technology and best business practices. These centers shall be known as the Hollings Manufacturing Extension Centers (in this Act referred to as the Centers ). The program under this section shall be known as the Hollings Manufacturing Extension Partnership . (2) Affiliations Such Centers shall be affiliated with any United States-based public or nonprofit institution or organization, or group thereof, that applies for and is awarded financial assistance under this section. (3) Objective The objective of the program is to enhance productivity, competitiveness, and technological performance in United States manufacturing through— (A) the transfer of manufacturing technology and techniques to Centers and, through them, to manufacturing companies throughout the United States; (B) the participation of individuals from industry, institutions of higher education, State governments, other Federal agencies, and, when appropriate, the Institute in cooperative technology transfer activities; (C) efforts to make new manufacturing technology and processes usable by United States-based small and medium-sized companies; (D) the active dissemination of scientific, engineering, technical, and management information about manufacturing to industrial firms, including small and medium-sized manufacturing companies; (E) the development of new partnerships, networks, and services that will assist small and medium-sized manufacturing companies expand into new markets, including global markets; (F) the utilization, when appropriate, of the expertise and capability that exists in Federal laboratories other than the Institute; and (G) the provision to community colleges and area career and technical education schools of information about the job skills needed in small and medium-sized manufacturing businesses in the regions they serve. (b) Activities The activities of the Centers shall include— (1) the establishment of automated manufacturing systems and other advanced production technologies, based on research by the Institute and other entities, for the purpose of demonstrations and technology transfer; (2) assistance to Federal agencies in supporting United States-based manufacturing by identifying and providing technical assistance to small and medium-sized manufacturers to help them meet Federal agency procurement and acquisition needs; (3) the active transfer and dissemination of research findings and Center expertise to a wide range of companies and enterprises, particularly small and medium-sized manufacturers; and (4) the facilitation of collaborations and partnerships between small and medium-sized manufacturing companies and community colleges and area career and technical education schools to help such colleges and schools better understand the specific needs of manufacturers and to help manufacturers better understand the skill sets that students learn in the programs offered by such colleges and schools. (c) Financial assistance and requirements (1) Financial support The Secretary may provide financial support to any Center created under subsection (a) for an initial period of 5 years, which may be renewed for an additional 5-year period. The Secretary may provide to a Center up to 50 percent of the capital and annual operating and maintenance funds required to create and maintain such Center. (2) Regulations The Secretary shall implement, review, and update the sections of the Code of Federal Regulations related to this section at least once every 5 years. (3) Application (A) In general Any public or nonprofit institution, or consortium thereof, may submit to the Secretary an application for financial support under this section, in accordance with the procedures established by the Secretary. (B) Cost-sharing In order to receive assistance under this section, an applicant for financial assistance under subparagraph (A) shall provide adequate assurances that non-Federal assets obtained from the applicant and the applicant’s partnering organizations will be used as a funding source to meet not less than 50 percent of the costs incurred. For purposes of the preceding sentence, the costs incurred means the costs incurred in connection with the activities undertaken to improve the management, productivity, competitiveness, and technological performance of small and medium-sized manufacturing companies. (C) Agreements with other entities In meeting the 50-percent requirement, it is anticipated that a Center will enter into agreements with other entities such as private industry, institutions of higher education, and State governments to accomplish programmatic objectives and access new and existing resources that will further the impact of the Federal investment made on behalf of small and medium-sized manufacturing companies. (D) Legal rights Each applicant under subparagraph (A) shall submit a proposal for the allocation of the legal rights associated with any invention that may result from the proposed Center’s activities. (4) Merit review The Secretary shall subject each such application to merit review. In making a decision whether to approve such application and provide financial support under this section, the Secretary shall consider, at a minimum, the following: (A) The merits of the application, particularly those portions of the application regarding technology transfer, training and education, and adaptation of manufacturing technologies to the needs of particular industrial sectors. (B) The quality of service to be provided. (C) Geographical diversity and extent of service area. (D) The percentage of funding and amount of in-kind commitment from other sources. (5) Evaluation (A) In general Each Center that receives financial assistance under this section shall be evaluated during its third year of operation by an evaluation panel appointed by the Secretary. (B) Composition Each such evaluation panel shall be composed of independent experts, none of whom shall be connected with the involved Center, and Federal officials. (C) Chair An official of the Institute shall chair the panel. (D) Performance measurement Each evaluation panel shall measure the involved Center’s performance against the objectives specified in this section. (E) Positive evaluation If the evaluation is positive, the Secretary may provide continued funding through the fifth year. (F) Corrective action plan The Secretary may not provide funding for the remaining years of a Center’s operation unless the evaluation is positive. A Center that has not received a positive evaluation by the evaluation panel shall be notified by the panel of the deficiencies in its performance and shall be placed on a corrective action plan and provided the opportunity to address deficiencies unless immediate action is necessary to protect the public interest. The program shall re-evaluate the Center within one year and if the Center has not addressed the deficiencies identified by the panel, or shown a significant improvement in its performance, the Director shall conduct a new competition or may close the Center. (G) Additional financial support After the fifth year, a Center may receive additional financial support under this section if it has received a positive evaluation through an independent review, under procedures established by the Institute. (H) Recompetition If a Center has received financial support for 10 consecutive years, the Director shall conduct a new competition. An existing Center may submit an application as part of the new competition. (I) Recompetition plan Not later than 180 days after the date of enactment of the America Competes Reauthorization Act of 2014 , the Director shall submit a plan to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate detailing how the program will implement the new competitions required under subparagraph (H). The Director shall consult with the MEP Advisory Board established under subsection (f) in the development and implementation of the plan. (6) Oversight Board (A) In general Each Center that receives financial assistance under this section shall establish an oversight board that is broadly representative of regional stakeholders with a majority of board members drawn from local small and medium-sized manufacturing firms. (B) Bylaws and conflict of interest Each board under subparagraph (A) shall adopt and submit to the Director bylaws to govern the operation of the board, including a conflict of interest policy to ensure relevant relationships are disclosed and proper recusal procedures are in place. (C) Limitation Board members may not serve simultaneously on more than one Center’s oversight board or serve as a contractor providing services to a Center. (7) Protection of confidential information The Secretary shall ensure that the following are not publically disclosed: (A) Confidential information on the business operations of— (i) a participant under the program; or (ii) a client of a Center. (B) Trade secrets possessed by any client of a Center. (8) Patent rights The provisions of chapter 18 of title 35, United States Code, shall apply, to the extent not inconsistent with this section, to the promotion of technology from research by Centers under this section except for contracts for such specific technology extension or transfer services as may be specified by statute or by the Director. (d) Reporting and auditing requirements The Director shall establish procedures regarding Center financial reporting and auditing to ensure that awards are used for the purposes specified in this section and are in accordance with sound accounting practices. (e) Acceptance of funds (1) In general In addition to such sums as may be appropriated to the Secretary and Director to operate the Hollings Manufacturing Extension Partnership, the Secretary and Director also may accept funds from other Federal departments and agencies and, under section 2(c)(7), from the private sector for the purpose of strengthening United States manufacturing. (2) Allocation of funds (A) Funds accepted from other Federal departments or agencies The Director shall determine whether funds accepted from other Federal departments or agencies shall be counted in the calculation of the Federal share of capital and annual operating and maintenance costs under subsection (c). (B) Funds accepted from the private sector Funds accepted from the private sector under section 2(c)(7), if allocated to a Center, may not be considered in the calculation of the Federal share under subsection (c) of this section. (f) MEP Advisory Board (1) Establishment There is established within the Institute a Manufacturing Extension Partnership Advisory Board (in this subsection referred to as the MEP Advisory Board ). (2) Membership (A) In general The MEP Advisory Board shall consist of not fewer than 10 members broadly representative of stakeholders, to be appointed by the Director. At least 2 members shall be employed by or on an advisory board for the Centers, at least 1 member shall represent a community college, and at least 5 other members shall be from United States small businesses in the manufacturing sector. No member shall be an employee of the Federal Government. (B) Term Except as provided in subparagraph (C) or (D), the term of office of each member of the MEP Advisory Board shall be 3 years. (C) Vacancies Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. (D) Serving consecutive terms Any person who has completed two consecutive full terms of service on the MEP Advisory Board shall thereafter be ineligible for appointment during the one-year period following the expiration of the second such term. (3) Meetings The MEP Advisory Board shall meet not less than 2 times annually and shall provide to the Director— (A) advice on Hollings Manufacturing Extension Partnership programs, plans, and policies; (B) assessments of the soundness of Hollings Manufacturing Extension Partnership plans and strategies; and (C) assessments of current performance against Hollings Manufacturing Extension Partnership program plans. (4) Federal Advisory Committee Act applicability (A) In general In discharging its duties under this subsection, the MEP Advisory Board shall function solely in an advisory capacity, in accordance with the Federal Advisory Committee Act. (B) Exception Section 14 of the Federal Advisory Committee Act shall not apply to the MEP Advisory Board. (5) Report The MEP Advisory Board shall transmit an annual report to the Secretary for transmittal to Congress within 30 days after the submission to Congress of the President’s annual budget request in each year. Such report shall address the status of the program established pursuant to this section and comment on the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under subsections (c) and (d) of section 23. (g) Competitive Grant Program (1) Establishment The Director shall establish, within the Hollings Manufacturing Extension Partnership, a program of competitive awards among participants described in paragraph (2) for the purposes described in paragraph (3). (2) Participants Participants receiving awards under this subsection shall be the Centers, or a consortium of such Centers. (3) Purpose The purpose of the program under this subsection is to add capabilities to the Hollings Manufacturing Extension Partnership, including the development of projects to solve new or emerging manufacturing problems as determined by the Director, in consultation with the Director of the Hollings Manufacturing Extension Partnership, the MEP Advisory Board, and small and medium-sized manufacturers. (4) Themes One or more themes for the competition may be identified, which may vary from year to year, depending on the needs of manufacturers and the success of previous competitions. These themes may include— (A) supply chain integration and quality management; (B) the creation of partnerships to encourage the development of a workforce with the skills necessary to meet the needs of a region, including the creation of apprenticeship opportunities and the adoption of universally recognized credential programs, as appropriate; (C) energy efficiency, including efficient building technologies and environmentally friendly materials, products, and processes; (D) enhancing the competitiveness of small and medium-sized manufacturers in the global marketplace; (E) the transfer of technology based on the technological needs of manufacturers and available technologies from institutions of higher education, laboratories, and other technology producing entities; and (F) areas that extend beyond traditional areas of manufacturing extension activities, including projects related to construction industry modernization. (5) Reimbursement Centers may be reimbursed for costs incurred under the program under this subsection. (6) Applications Applications for awards under this subsection shall be submitted in such manner, at such time, and containing such information as the Director shall require, in consultation with the MEP Advisory Board. (7) Selection Awards under this subsection shall be peer reviewed and competitively awarded. The Director shall endeavor to have broad geographic diversity among selected proposals. The Director shall select proposals to receive awards that will— (A) utilize innovative or collaborative approaches to solving the problem described in the competition; (B) improve the competitiveness of industries in the region in which the Center or Centers are located; and (C) contribute to the long-term economic stability of that region, including the creation of jobs or training employees. (8) Program contribution Recipients of awards under this subsection shall not be required to provide a matching contribution. (9) Duration Awards under this subsection shall last no longer than 5 years. (h) Innovative services initiative (1) Establishment The Director, in coordination with the Advanced Manufacturing Office of the Department of Energy, shall establish, within the Hollings Manufacturing Extension Partnership, an innovative services initiative to assist small and medium-sized manufacturers in— (A) reducing their energy usage, greenhouse gas emissions, and environmental waste to improve profitability; (B) accelerating the domestic commercialization of new product technologies, including components for renewable energy and energy efficiency systems; and (C) identifying and diversifying to new markets, including support for transitioning to the production of components for renewable energy and energy efficiency systems. (2) Market demand The Director may not undertake any activity to accelerate the domestic commercialization of a new product technology under this subsection unless an analysis of market demand for the new product technology has been conducted. (i) Export assistance to small and medium-sized manufacturers (1) In general The Director shall— (A) evaluate obstacles that are unique to small and medium-sized manufacturers that prevent such manufacturers from effectively competing in the global market; (B) implement a comprehensive export assistance initiative through the Centers to help small and medium-sized manufacturers address such obstacles; and (C) to the maximum extent practicable, ensure that the activities carried out under this subsection are coordinated with, and do not duplicate the efforts of, other export assistance programs within the Federal Government. (2) Requirements The initiative shall include— (A) export assistance counseling; (B) the development of partnerships that will provide small and medium-sized manufacturers with greater access to and knowledge of global markets; and (C) improved communication between the Centers to assist such manufacturers in implementing appropriate, targeted solutions to such obstacles. (j) Definitions In this section: (1) Area career and technical education school The term area career and technical education school has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 ( 20 U.S.C. 2302 ). (2) Community college The term community college means an institution of higher education (as defined under section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) at which the highest degree that is predominately awarded to students is an associate’s degree. . 406. Bioscience measurement science and standards (a) In General The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq. ) is amended by inserting after section 34, as added by section 404 of this Act, the following: 35. Bioscience measurement science and standards The Director shall— (1) establish a bioscience research program to support the development of standards and measurements and to create new data, tools, techniques, and processes necessary to promote new research and industries at the intersection of the biological, physical, and information sciences and engineering; (2) provide access to user facilities with advanced or unique equipment, services, materials, and other resources to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing related to the biosciences program established under this section; and (3) provide technical expertise to inform the development of guidelines and safeguards for new products, processes, and systems that may result from advancements at the intersection of the biological, physical, and information sciences and engineering. . 407. National Academy of Sciences review Not later than 6 months after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall enter into a contract with the National Academy of Sciences to conduct a single, comprehensive review of the Institute’s laboratory programs. The review shall— (1) assess the technical merits and scientific caliber of the research conducted at the laboratories; (2) examine the strengths and weaknesses of the 2010 laboratory reorganization on the Institute’s ability to fulfill its mission; (3) evaluate how cross-cutting research and development activities are planned, coordinated, and executed across the laboratories; and (4) assess how the laboratories are engaging industry, including the incorporation of industry need, into the research goals and objectives of the Institute. 408. Improving NIST collaboration with other agencies Section 8 of the National Bureau of Standards Authorization Act for Fiscal Year 1983 (15 U.S.C. 275b) is amended— (1) in the section heading, by inserting and with after performed for ; and (2) by adding at the end the following: The Secretary may accept, apply for, use, and spend Federal, State, and non-governmental acquisition and assistance funds to further the mission of the Institute without regard to the source or the period of availability of these funds as well as share personnel, associates, facilities, and property with these partner organizations, with or without reimbursement, upon mutual agreement. . 409. Miscellaneous provisions (a) Functions and activities Section 15 of the of the National Institute of Standards and Technology Act ( 15 U.S.C. 278e ) is amended— (1) by striking of the Government; and and inserting of the Government; ; (2) by striking transportation services for employees of the Institute and inserting transportation services for employees, associates, or fellows of the Institute ; and (3) by striking Code. and inserting Code; and (i) the protection of Institute buildings and other plant facilities, equipment, and property, and of employees, associates, visitors, or other persons located therein or associated therewith, notwithstanding any other provision of law. . (b) Post-Doctoral fellowship program Section 19 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–2 ) is amended to read as follows: 19. Post-doctoral fellowship program The Director, in conjunction with the National Academy of Sciences, shall establish and conduct a post-doctoral fellowship program that shall include not less than 20 new fellows per fiscal year. In evaluating applications for fellowships under this section, the Director shall give consideration to the goal of promoting the participation of underrepresented minorities in research areas supported by the Institute. . V INNOVATION 501. Office of Innovation and Entrepreneurship Section 25 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3720 ) is amended— (1) in subsection (a) by inserting with a Director and full-time staff after Office of Innovation and Entrepreneurship ; (2) in subsection (b)— (A) by amending paragraph (3) to read as follows: (3) providing access to relevant data, research, and technical assistance on innovation and commercialization, including best practices for university-based incubators and accelerators; ; (B) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; and (C) by inserting the following after paragraph (3): (4) overseeing the implementation of the loan guarantee programs and the Regional Innovation Program established under sections 26 and 27, respectively; (5) developing, within 180 days after the date of enactment of the America Competes Reauthorization Act of 2014 , and updating at least every 5 years, a strategic plan to guide the activities of the Office of Innovation and Entrepreneurship that shall— (A) specify and prioritize near-term and long-term goals, objectives, and policies to accelerate innovation and advance the commercialization of research and development, including federally funded research and development, set forth the anticipated time for achieving the objectives, and identify metrics for use in assessing progress toward such objectives; (B) describe how the Department of Commerce is working in conjunction with other Federal agencies to foster innovation and commercialization across the United States; and (C) provide a summary of the activities, including the development of metrics to evaluate regional innovation strategies undertaken through the Regional Innovation Research and Information Program established under section 27(e); ; (3) by amending subsection (c) to read as follows: (c) Advisory committee (1) Establishment The Secretary shall establish or designate an advisory committee, which shall meet at least twice each fiscal year, to provide advice to the Secretary on carrying out the duties and responsibilities of the Office of Innovation and Entrepreneurship. (2) Report to congress The advisory committee shall prepare a report, to be submitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate every 3 years. The first report shall be submitted not later than 1 year after the date of enactment of the America Competes Reauthorization Act of 2014 and shall include— (A) an assessment of the strategic plan developed under subsection (b)(5) and the progress made in implementing the plan and the duties of the Office of Innovation and Entrepreneurship; (B) an assessment of how the Office of Innovation and Entrepreneurship is working with other Federal agencies to meet the goals and duties of the office; and (C) any recommendations for how the Office of Innovation and Entrepreneurship could be improved. ; and (4) by adding at the end the following: (d) Authorization of appropriations There are authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2015 through 2019 to carry out this section. . 502. Federal loan guarantees for innovative technologies in manufacturing Section 26(t) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3721(t) ) is amended by striking fiscal years 2011 through 2013 and inserting fiscal years 2014 through 2018 . 503. Regional Innovation Program Section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722 ) is amended— (1) in subsection (b), by adding at the end the following: (8) Outreach to rural communities The Secretary shall conduct outreach to public and private sector entities in rural communities to encourage those entities to participate in regional innovation cluster activities under this subsection. (9) Funding The Secretary may accept funds from other Federal agencies to support grants and activities under this subsection. ; and (2) in subsection (i), by striking fiscal years 2011 through 2013 and inserting fiscal years 2015 through 2019 . 504. Innovation voucher pilot program Section 25 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3720 ) as amended by section 501 of this Act, is further amended by adding at the end the following: (e) Innovation voucher pilot program (1) In general The Secretary, acting through the Office of Innovation and Entrepreneurship and in conjunction with the States, shall establish an innovation voucher pilot program to accelerate innovative activities and enhance the competitiveness of small and medium-sized manufacturers in the United States. The pilot program shall— (A) foster collaborations between small and medium-sized manufacturers and research institutions; and (B) enable small and medium-sized manufacturers to access technical expertise and capabilities that will lead to the development of innovative products or manufacturing processes, including through— (i) research and development, including proof of concept, technical development, and compliance testing activities; (ii) early-stage product development, including engineering design services; and (iii) technology transfer and related activities. (2) Award size The Secretary shall competitively award vouchers worth up to $20,000 to small and medium-sized manufacturers for use at eligible research institutions to acquire the services described in paragraph (1)(B). (3) Streamlined procedures The Secretary shall streamline and simplify the application, administrative, and reporting procedures for vouchers administered under the program. (4) Regulations Prior to awarding any vouchers under the program, the Secretary shall promulgate regulations— (A) establishing criteria for the selection of recipients of awards under this subsection; (B) establishing procedures regarding financial reporting and auditing— (i) to ensure that awards are used for the purposes of the program; and (ii) that are in accordance with sound accounting practices; and (C) describing any other policies, procedures, or information necessary to implement this subsection, including those intended to streamline and simplify the program in accordance with paragraph (3). (5) Transfer authority The Secretary may transfer funds appropriated to the Department of Commerce to other Federal agencies for the performance of services authorized under this subsection. (6) Administrative costs All of the amounts appropriated to carry out this subsection for a fiscal year shall be used for vouchers awarded under this subsection, except that the Secretary may set aside a percentage of such amounts for eligible research institutions performing the services described in paragraph (1)(B) to defray administrative costs associated with the services. The Secretary shall establish a single, fixed percentage for such purposes that will apply to all eligible research institutions. (7) Outreach The Secretary may use centers established under section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ) to provide information about the program established under this subsection and to conduct outreach to potential applicants, as appropriate. (8) Reports to Congress (A) Plan Not later than 180 days after the date of enactment of the America Competes Reauthorization Act of 2014 , the Secretary shall transmit to Congress a plan that will serve as a guide for the activities of the program. The plan shall include a description of the specific objectives of the program and the metrics that will be used in assessing progress toward those objectives. (B) Outcomes Not later than 3 years after the date of enactment of the America Competes Reauthorization Act of 2014 , the Secretary shall transmit to Congress a report containing— (i) a summary of the activities carried out under this subsection; (ii) an assessment of the impact of such activities on the innovative capacity of small and medium-sized manufacturers receiving assistance under the pilot program; and (iii) any recommendations for administrative and legislative action that could optimize the effectiveness of the pilot program. (9) Coordination and nonduplication To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this subsection are coordinated with, and do not duplicate the efforts of, other programs within the Federal Government. (10) Eligible research institutions defined For the purposes of this subsection, the term eligible research institution means— (A) an institution of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); (B) a Federal laboratory; (C) a federally funded research and development center; or (D) a Hollings Manufacturing Extension Center established under section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ). (11) Authorization of Appropriations There are authorized to be appropriated to the Secretary to carry out the pilot program in this subsection $5,000,000 for each of fiscal years 2015 through 2019. . 505. Federal Acceleration of State Technology Commercialization Pilot Program The Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq. ) is amended by adding at the end the following: 28. Federal Acceleration of State Technology Commercialization Pilot Program (a) Authority (1) Establishment The Secretary shall establish a Federal Acceleration of State Technology Commercialization Pilot Program or FAST Commercialization Pilot Program to award grants to States, or consortia thereof, for the purposes described in paragraph (2). Awards under this section shall be made through a competitive, merit-based process. (2) Purpose The purpose of the program under this section is to advance United States productivity and global competitiveness by accelerating commercialization of innovative technology by leveraging Federal support for State commercialization efforts. The program shall provide matching funds to a State, or consortium thereof, for the acceleration of commercialization activities and the promotion of small manufacturing enterprises in the United States. (b) Application Applications for awards under this section shall be submitted in such a manner, at such a time, and containing such information as the Secretary shall require, including— (1) a description of the current state of technology commercialization in the State or States, including successes and barriers to commercialization; and (2) a description of the State’s or consortium’s plan for increasing commercialization of new technologies, products, processes, and services. (c) Selection criteria The Secretary shall establish criteria for the selection of awardees, which shall consider at a minimum a review of efforts during the fiscal year prior to submitting an application to— (1) promote manufacturing; and (2) commercialize new technologies, products, processes, and services, including activities to translate federally funded research and technologies to small manufacturing enterprises. (d) Matching requirement A State or consortium receiving a grant under this section shall provide non-Federal cash contributions in an amount equal to 50 percent of the total cost of the project for which the grant is provided. (e) Coordination and nonduplication In carrying out the program under this section, the Secretary shall ensure that grants made under the program are coordinated with, and do not duplicate, the efforts of other commercialization programs within the Federal Government. (f) Evaluation (1) In general Not later than 3 years after the date of enactment of the America Competes Reauthorization Act of 2014 , the Secretary shall enter into a contract with an independent entity, such as the National Academy of Sciences, to conduct an evaluation of the program established under subsection (a). (2) Requirements The evaluation shall— (A) assess whether the program is achieving its goals; (B) include any recommendations for how the program may be improved; and (C) include a recommendation as to whether the program should be continued or terminated. (g) Definitions In this section— (1) the term State has the meaning given that term in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 ); and (2) the term commercialization has the meaning given that term in section 9(e)(10) of the Small Business Act (15 U.S.C. 638(e)(10)). (h) Duration Each award shall be for a 5-year period. (i) Authorization of appropriations There are authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2015 through 2017 to carry out this section. . 506. National Academies report on university incubators and accelerators Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce shall enter into a contract with the National Academy of Sciences to conduct a study on the role of incubators and accelerators, including university-based incubators and accelerators, in the commercialization of federally funded research and regional economic development. The study shall— (1) examine the effectiveness of incubators and accelerators in stimulating the creation of start-ups, including metrics for comparing start-ups that have and have not completed incubator or accelerator programs, and developing regional innovation clusters; and (2) identify best practices in the structure, goals, operation, management, and funding mechanisms of leading incubators and accelerators. VI DEPARTMENT OF ENERGY A Office of Science 601. Short title This subtitle may be cited as the Department of Energy Office of Science Authorization Act of 2014 . 602. Definitions Except as otherwise provided, in this subtitle: (1) Department The term Department means the Department of Energy. (2) Director The term Director means the Director of the Office of Science. (3) Office of science The term Office of Science means the Department of Energy Office of Science. (4) Under secretary The term Under Secretary means the Under Secretary for Science and Energy. (5) Secretary The term Secretary means the Secretary of Energy. 603. Mission of the Office of Science Section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ) is amended by adding at the end the following: (c) Mission The mission of the Office of Science shall be the delivery of scientific discoveries, capabilities, and major scientific tools to transform the understanding of nature and to advance the energy, economic, and national security of the United States. (d) Duties In support of this mission, the Director shall carry out programs, including those in basic energy sciences, biological and environmental research, advanced scientific computing research, fusion energy sciences, high energy physics, and nuclear physics, through activities focused on— (1) Science for Discovery to unravel nature’s mysteries through activities which range from the study of subatomic particles, atoms, and molecules that make up the materials of our everyday world to the study of DNA, proteins, cells, and entire biological systems; (2) Science for National Need by— (A) advancing a clean energy agenda through research on energy production, storage, transmission, efficiency, and use; and (B) advancing our understanding of the Earth and its climate through research in atmospheric and environmental sciences and climate change; and (3) National Scientific User Facilities to deliver the 21st century tools of science, engineering, and technology and provide the Nation’s researchers with the most advanced tools of modern science including accelerators, colliders, supercomputers, light sources and neutron sources, and facilities for studying complex molecular systems and the nanoworld. (e) Supporting activities The activities described in subsection (d) shall include providing for relevant facilities and infrastructure, programmatic analysis, interagency coordination, and workforce development and outreach activities. (f) User facilities (1) In general The Director shall carry out the construction, operation, and maintenance of user facilities, including underground research facilities, to support the activities described in subsection (d). As practicable, these facilities shall serve the needs of the Department, industry, the academic community, and other relevant entities for the purposes of advancing the missions of the Department. (2) Coordination with other Federal agencies The Director may form partnerships to enhance the utilization of and ensure access to user facilities, including underground research facilities, by other Federal agencies. (3) Underground research facilities report Not later than 180 days after the date of enactment of this Act, the Director shall transmit to Congress a report describing the underground research priorities of the Department, taking into consideration previous reports by the High Energy Physics Advisory Panel, the National Research Council, the Department of Energy, the National Science Foundation, and other appropriate entities. (g) Other authorized activities In addition to the activities authorized under the Department of Energy Office of Science Authorization Act of 2014 , the Office of Science shall carry out other such activities as it is authorized or required to carry out by law. (h) Coordination and joint activities with other Department of Energy programs The Under Secretary shall ensure the coordination of activities under the Department of Energy Office of Science Authorization Act of 2014 with the other activities of the Department, and shall support joint activities among the programs of the Department. (i) Domestic manufacturing capability for office of science facilities report Not later than one year after the date of enactment of the Department of Energy Office of Science Authorization Act of 2014 , the Secretary shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall— (1) assess the current ability of domestic manufacturers to meet the procurement requirements for major ongoing projects funded by the Office of Science, including a calculation of the percentage of equipment acquired from domestic manufacturers for this purpose; and (2) identify steps that can be taken by the Federal Government and by private industry to increase the capability of domestic manufacturers to meet procurement requirements of the Office of Science for major projects. . 604. Basic energy sciences program (a) Program As part of the activities authorized under the amendment made by section 603, the Director shall carry out a program in basic energy sciences, including materials sciences and engineering, chemical sciences, physical biosciences, and geosciences, for the purpose of providing the scientific foundations for new energy technologies and addressing scientific grand challenges. (b) Basic energy sciences user facilities (1) In general The Director shall carry out a subprogram to support and oversee the construction, operation, and maintenance of national user facilities that support the program under this section. As practicable, these facilities shall serve the needs of the Department, industry, the academic community, and other relevant entities to create and examine new materials and chemical processes for the purposes of advancing new energy technologies and improving the competitiveness of the United States. These facilities shall include— (A) x-ray light sources; (B) neutron sources; (C) nanoscale science research centers; and (D) other facilities the Director considers appropriate, consistent with section 209(f) of the Department of Energy Organization Act ( 42 U.S.C. 7139(f) ). (2) Facility research and development The Director shall carry out research and development on advanced accelerator and storage ring technologies relevant to the Basic Energy Sciences user facilities, in consultation with the Office of Science’s High Energy Physics and Nuclear Physics programs. (3) Facility construction and upgrades Consistent with the Office of Science’s project management practices, the Director shall support construction of— (A) an upgrade of the Advanced Photon Source to optimize and enhance beam brightness; (B) a Second Target Station at the Spallation Neutron Source to double user capacity and expand the suite of instruments to meet new scientific challenges; (C) the Linac Coherent Light Source II to expand the x-ray wavelength range, incorporate high repetition rate operation for soft and medium energy x-rays, and increase user capacity of the Linac Coherent Light Source; and (D) an upgrade to the Advanced Light Source to improve brightness and performance. (c) Energy frontier research centers (1) In general The Director shall carry out a program to provide awards, on a competitive, merit-reviewed basis, to multi-institutional collaborations or other appropriate entities to conduct fundamental and use-inspired energy research to accelerate scientific breakthroughs related to needs identified in— (A) the Grand Challenges report of the Department’s Basic Energy Sciences Advisory Committee; (B) the report of the Department’s Basic Energy Sciences Advisory Committee entitled From Quanta to the Continuum: Opportunities for Mesoscale Science ; (C) the Basic Energy Sciences Basic Research Needs workshop report; or (D) other relevant reports identified by the Director. (2) Collaborations A collaboration receiving an award under this subsection may include multiple types of institutions and private sector entities. (3) Selection and duration (A) In general A collaboration under this subsection shall be selected for a period of 5 years. An Energy Frontier Research Center already in existence and supported by the Director on the date of enactment of this Act may continue to receive support for a period of 5 years beginning on the date of establishment of that center. (B) Reapplication After the end of the period described in subparagraph (A), an awardee may reapply for selection for a second period of 5 years on a competitive, merit-reviewed basis. (C) Termination Consistent with the existing authorities of the Department, the Director may terminate an underperforming center for cause during the performance period. (4) No funding for construction No funding provided pursuant to this subsection may be used for the construction of new buildings or facilities. 605. Biological and environmental research (a) In general As part of the activities authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ), and coordinated with the activities authorized under section 604 and section 606, the Director shall carry out a program of research and development in the areas of biological systems science and climate and environmental science, including subsurface science, to support the energy and environmental missions of the Department. (b) Biological systems science activities (1) Activities As part of the activities authorized under subsection (a), the Director shall carry out research and development activities in fundamental, structural, computational, and systems biology to increase systems-level understanding of the complex biological systems, which shall include activities to— (A) accelerate breakthroughs and new knowledge that will enable cost-effective sustainable production of— (i) biomass-based liquid transportation fuels; (ii) bioenergy; and (iii) biobased materials; (B) improve understanding of the global carbon cycle, including processes for removing carbon dioxide from the atmosphere, through photosynthesis and other biological processes, for sequestration and storage; and (C) understand the biological mechanisms used to transform, immobilize, or remove contaminants from subsurface environments. (2) Bioenergy research centers (A) In general In carrying out activities under paragraph (1), the Director shall support at least 3 bioenergy research centers to accelerate advanced research and development of biomass-based liquid transportation fuels, bioenergy, or biobased materials that are produced from a variety of regionally diverse feedstocks. (B) Selection and duration A center established under subparagraph (A) shall be selected on a competitive, merit-reviewed basis for a period of 5 years beginning on the date of establishment of that center. A center already in existence on the date of enactment of this Act may continue to receive support for a period of 5 years beginning on the date of establishment of that center. (C) Renewal After the end of the period described in subparagraph (B), an awardee may apply for a second period of 5 years on a merit-reviewed basis. (D) Termination Consistent with the existing authorities of the Department, the Director may terminate an underperforming center for cause during the performance period. (3) Low dose radiation research program (A) In general The Director shall carry out a research program on low dose radiation. The purpose of the program is to enhance the scientific understanding of and reduce uncertainties associated with the effects of exposure to low dose radiation in order to inform improved risk management methods. (B) Definition In this paragraph, the term low dose radiation means a radiation dose of less than 100 millisieverts. (C) Study Not later than 60 days after the date of enactment of this Act, the Director shall enter into an agreement with the National Academies to conduct a study assessing the current status and development of a long-term strategy for low dose radiation research. The study shall be conducted in coordination with Federal agencies that perform ionizing radiation effects research. (D) Contents The study performed under subparagraph (C) shall— (i) identify current scientific challenges for understanding the long-term effects of ionizing radiation; (ii) assess the status of current low dose radiation research in the United States and internationally; (iii) formulate overall scientific goals for the future of low-dose radiation research in the United States; (iv) recommend a long-term strategic and prioritized research agenda to address scientific research goals for overcoming the identified scientific challenges in coordination with other research efforts; (v) define the essential components of a research program that would address this research agenda within the universities and the National Laboratories; and (vi) assess the cost-benefit effectiveness of such a program. (E) 5-year research plan Not later than 90 days after the completion of the assessment performed under subparagraph (C), the Secretary shall deliver to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a five-year research plan that responds to the assessment’s findings and recommendations and identifies and prioritizes research needs. (4) Repeal Section 977 of the Energy Policy Act of 2005 ( 42 U.S.C. 16317 ) is repealed. (c) Climate and environmental science activities (1) In general As part of the activities authorized under subsection (a), and in coordination with activities carried out under subsection (b), the Director shall carry out climate and environmental science research, which shall include activities to— (A) understand, observe, and model the response of Earth’s atmosphere and biosphere to increased concentrations of greenhouse gas emissions and any associated changes in climate; (B) understand the processes for immobilization, or removal of, and understand the movement of, energy production-derived contaminants such as radionuclides and heavy metals, and understand the process of sequestration and transformation of carbon dioxide in subsurface environments; and (C) inform potential mitigation and adaptation options for increased concentrations of greenhouse gas emissions and any associated changes in climate. (2) Subsurface biogeochemical research (A) In general As part of the activities described in paragraph (1), the Director shall carry out research to advance a fundamental understanding of coupled physical, chemical, and biological processes for controlling the movement of sequestered carbon and subsurface environmental contaminants. (B) Coordination (i) Director The Director shall carry out activities under this paragraph in accordance with priorities established by the Under Secretary to support and accelerate the decontamination of relevant facilities managed by the Department. (ii) Under secretary The Under Secretary shall ensure the coordination of activities of the Department, including activities under this paragraph, to support and accelerate the decontamination of relevant facilities managed by the Department. (3) Climate and earth modeling As part of the activities described in paragraph (1), the Director, in collaboration with the Advanced Scientific Computing Research program described in section 606, shall carry out research to develop, evaluate, and use high-resolution regional climate, global climate, and Earth models to inform decisions on reducing the impacts of a changing climate. Such modeling shall include, among other critical elements, greenhouse gas emissions, land use, and interaction among human and Earth systems. 606. Advanced scientific computing research program (a) In general As part of the activities authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ), the Director shall carry out a research, development, demonstration, and commercial application program to advance computational and networking capabilities for data-driven discovery and to analyze, model, simulate, and predict complex phenomena relevant to the development of new energy technologies and the competitiveness of the United States. (b) Coordination The Under Secretary shall ensure the coordination of the activities of the Department, including activities under this section, to determine and meet the computational and networking research and facility needs of the Office of Science and all other relevant energy technology and energy efficiency programs within the Department. (c) Research To support energy applications (1) In general As part of the activities authorized under subsection (a), the program shall support research in high-performance computing and networking relevant to energy applications including modeling, simulation, and advanced data analytics for basic and applied energy research programs carried out by the Secretary. (2) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to the Congress a plan to integrate and leverage the expertise and capabilities of the program described in subsection (a), as well as other relevant computational and networking research programs and resources supported by the Federal Government, to advance the missions of the Department’s applied energy and energy efficiency programs. (d) Applied mathematics and software development for high-End computing systems The Director shall carry out activities to develop, test, and support mathematics, models, and algorithms for complex systems, as well as programming environments, tools, languages, and operating systems for high-end computing systems (as defined in section 2 of the Department of Energy High-End Computing Revitalization Act of 2004 ( 15 U.S.C. 5541 )). (e) Exascale computing program Section 3 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5542) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking program and inserting coordinated program across the Department ; (B) by striking and at the end of paragraph (1); (C) by striking the period at the end of paragraph (2) and inserting ; and ; and (D) by adding at the end the following new paragraph: (3) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in this program to other challenges in science, engineering, medicine, and industry. ; (2) in subsection (b)(2), by striking vector and all that follows through architectures and inserting computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability ; and (3) by striking subsection (d) and inserting the following: (d) Exascale computing program (1) In general The Secretary shall conduct a coordinated research program to develop exascale computing systems to advance the missions of the Department. (2) Execution The Secretary shall, through competitive merit review, establish two or more National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures, and— (A) conduct mission-related co-design activities in developing such exascale platforms; (B) develop those advancements in hardware and software technology required to fully realize the potential of an exascale production system in addressing Department target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management; and (C) explore the use of exascale computing technologies to advance a broad range of science and engineering. (3) Administration In carrying out this program, the Secretary shall— (A) provide, on a competitive, merit-reviewed basis, access for researchers in United States industry, institutions of higher education, National Laboratories, and other Federal agencies to these exascale systems, as appropriate; and (B) conduct outreach programs to increase the readiness for the use of such platforms by domestic industries, including manufacturers. (4) Reports (A) Integrated strategy and program management plan The Secretary shall submit to Congress, not later than 90 days after the date of enactment of the Department of Energy Office of Science Authorization Act of 2014 , a report outlining an integrated strategy and program management plan, including target dates for prototypical and production exascale platforms, interim milestones to reaching these targets, functional requirements, roles and responsibilities of National Laboratories and industry, acquisition strategy, and estimated resources required, to achieve this exascale system capability. The report shall include the Secretary’s plan for Departmental organization to manage and execute the Exascale Computing Program, including definition of the roles and responsibilities within the Department to ensure an integrated program across the Department. The report shall also include a plan for ensuring balance and prioritizing across ASCR subprograms in a flat or slow-growth budget environment. (B) Status reports At the time of the budget submission of the Department for each fiscal year, the Secretary shall submit a report to Congress that describes the status of milestones and costs in achieving the objectives of the exascale computing program. (C) Exascale merit report At least 18 months prior to the initiation of construction or installation of any exascale-class computing facility, the Secretary shall transmit a plan to the Congress detailing— (i) the proposed facility’s cost projections and capabilities to significantly accelerate the development of new energy technologies; (ii) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and (iii) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances. . (f) Definitions Section 2 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5541) is amended by striking paragraphs (1) through (5) and inserting the following: (1) Co-design The term co-design means the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. (2) Department The term Department means the Department of Energy. (3) Exascale The term exascale means computing system performance at or near 10 to the 18th power floating point operations per second. (4) High-end computing system The term high-end computing system means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. (5) Leadership system The term Leadership System means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems. (6) Institution of higher education The term institution of higher education has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (7) National laboratory The term ‘National Laboratory’ has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (8) Secretary The term Secretary means the Secretary of Energy. (9) Software technology The term software technology includes optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems. . 607. Fusion energy research (a) Program As part of the activities authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ) and section 972 of the Energy Policy Act of 2005 (42 U.S.C. 16312), the Director shall carry out a fusion energy sciences research and enabling technology development program to effectively address the scientific and engineering challenges to building a cost-competitive fusion power plant and a competitive fusion power industry in the United States. As part of this program, the Director shall carry out research activities to expand the fundamental understandings of plasmas and matter at very high temperatures and densities. (b) ITER The Director shall coordinate and carry out the responsibilities of the United States with respect to the ITER international fusion project pursuant to the Agreement on the Establishment of the International Fusion Energy Organization for the Joint Implementation of the ITER Project. (c) Identification of priorities (1) Report Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to the Congress a report on the Department’s proposed research and development activities in magnetic fusion over the 10 years following the date of enactment of this Act under at least three realistic budget scenarios. The report shall— (A) identify specific areas of fusion energy research enabling technology development in which the United States can and should establish or solidify a lead in the global fusion energy development effort; and (B) identify priorities for initiation of facility construction and facility decommissioning under each of those scenarios. (2) Review The report shall be reviewed by the Fusion Energy Sciences Advisory Committee prior to its transmittal to Congress. The Secretary shall provide the Fusion Energy Sciences Advisory Committee with the opportunity and sufficient resources to submit its own recommendations and additional views on the Department’s final report to Congress. (d) Fusion materials research and development As part of the activities authorized in section 978 of the Energy Policy Act of 2005 (42 U.S.C. 16318), the Director, in coordination with the Assistant Secretary for Nuclear Energy of the Department, shall carry out research and development activities to identify, characterize, and create materials that can endure the neutron, plasma, and heat fluxes expected in a commercial fusion power plant. As part of the activities authorized under subsection (c), the Secretary shall— (1) provide an assessment of the need for a facility or facilities that can examine and test potential fusion and next generation fission materials and other enabling technologies relevant to the development of commercial fusion power plants; and (2) provide an assessment of whether a single new facility that substantially addresses magnetic fusion, inertial fusion, and next generation fission materials research needs is feasible, in conjunction with the expected capabilities of facilities operational as of the date of enactment of this Act. (e) Inertial fusion energy research and development program The Secretary shall carry out a program of research and technology development in inertial fusion for energy applications, including ion beam, laser, and pulsed power fusion systems. 608. High energy physics program (a) In general As part of the activities authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ), the Director shall carry out a research program on the elementary constituents of matter and energy and the nature of space and time. (b) Energy frontier research As part of the program described in subsection (a), the Director shall carry out research using high energy accelerators and advanced detectors to create and study interactions of novel particles and investigate fundamental forces. (c) Neutrino research As part of the program described in subsection (a), the Director shall carry out research activities on rare decay processes and the nature of the neutrino, which may— (1) include collaborations with the National Science Foundation or international collaborations on relevant research projects; and (2) utilize components of existing accelerator facilities to produce neutrino beams of sufficient intensity to explore research priorities identified by the High Energy Physics Advisory Panel or the National Academy of Sciences. (d) Dark energy and dark matter research As part of the program described in subsection (a), the Director shall carry out research activities on the nature of dark energy and dark matter. These activities shall be consistent with the research priorities identified by the High Energy Physics Advisory Panel or the National Academy of Sciences, and may include— (1) collaborations with the National Aeronautics and Space Administration, the National Science Foundation, or international collaborations on relevant research projects; and (2) the development of space-based, land-based, and underground facilities and experiments. (e) Accelerator research and development As part of the program described in subsection (a), the Director shall carry out research and development in advanced accelerator concepts and technologies, including laser technologies, to reduce the necessary scope and cost for the next generation of particle accelerators, in coordination with the Office of Science’s Basic Energy Sciences and Nuclear Physics programs. (f) International collaboration The Director, as practicable and in coordination with other appropriate Federal agencies as necessary, shall ensure the access of United States researchers to the most advanced accelerator facilities and research capabilities in the world, including the Large Hadron Collider. 609. Nuclear physics program (a) Program As part of the activities authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ), the Director shall carry out a research program, and support relevant facilities, to discover and understand various forms of nuclear matter. (b) Facility construction (1) In general Consistent with the Office of Science’s project management practices, the Director shall continue to support the construction of the Facility for Rare Isotope Beams. (2) Repeal Section 981 of the Energy Policy Act of 2005 ( 42 U.S.C. 16321 ) is repealed. (c) Isotope development and production for research applications (1) In general The Director shall carry out a program for the production of isotopes that the Director determines are needed for research and applications, including— (A) the development of techniques to produce isotopes; and (B) support for infrastructure required for isotope research and production. (2) Coordination In making the determination described in paragraph (1), the Secretary shall— (A) ensure that isotope production activities do not compete with private industry unless critical national interests necessitate the Federal Government’s involvement; and (B) consider any relevant recommendations made by Federal advisory committees, the National Academies, and interagency working groups in which the Department participates. 610. Science laboratories infrastructure program (a) Program The Director shall carry out a program to improve the safety, efficiency, and mission readiness of infrastructure at Office of Science laboratories. The program shall include projects to— (1) renovate or replace space that does not meet research needs; (2) replace facilities that are no longer cost effective to renovate or operate; (3) modernize utility systems to prevent failures and ensure efficiency; (4) remove excess facilities to allow safe and efficient operations; and (5) construct modern facilities to conduct advanced research in controlled environmental conditions. (b) Approach In carrying out this section, the Director shall utilize all available approaches and mechanisms, including capital line items, minor construction projects, energy savings performance contracts, utility energy service contracts, alternative financing, and expense funding, as appropriate. (c) Definition The term Office of Science laboratory means a subset of National Laboratories as defined in section 2(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ) consisting of subparagraphs (A), (B), (C), (D), (F), (K), (L), (M), (P), and (Q). 611. Authorization of appropriations There are authorized to be appropriated to the Secretary for the activities of the Office of Science— (1) $5,324,550,000 for fiscal year 2015; (2) $5,590,777,500 for fiscal year 2016; (3) $5,870,316,375 for fiscal year 2017; (4) $6,163,832,194 for fiscal year 2018; and (5) $6,472,023,803 for fiscal year 2019. B ARPA–E 621. Short title This subtitle may be cited as the ARPA–E Reauthorization Act of 2014 . 622. ARPA–E amendments Section 5012 of the America COMPETES Act ( 42 U.S.C. 16538 ) is amended— (1) by redesignating subsection (n) as subsection (o) and inserting after subsection (m) the following new subsection: (n) Protection of proprietary information The following categories of information collected by the Advanced Research Projects Agency-Energy from recipients of financial assistance awards shall be considered privileged and confidential and not subject to disclosure pursuant to section 552 of title 5, United States Code: (1) Plans for commercialization of technologies developed under the award, including business plans, technology to market plans, market studies, and cost and performance models. (2) Investments provided to an awardee from third parties, such as venture capital, hedge fund, or private equity firms, including amounts and percentage of ownership of the awardee provided in return for such investments. (3) Additional financial support that the awardee plans to invest or has invested into the technology developed under the award, or that the awardee is seeking from third parties. (4) Revenue from the licensing or sale of new products or services resulting from the research conducted under the award. ; and (2) in paragraph (2) of subsection (o), as so redesignated by paragraph (1) of this section, by— (A) striking and at the end of subparagraph (D); (B) striking the period at the end of subparagraph (E) and inserting a semicolon; and (C) adding at the end the following: (F) $325,000,000 for fiscal year 2015; (G) $341,250,000 for fiscal year 2016; (H) $358,312,500 for fiscal year 2017; (I) $376,228,125 for fiscal year 2018; and (J) $395,039,531 for fiscal year 2019. . C Energy Innovation 641. Energy innovation hubs (a) Authorization of program (1) In general The Secretary of Energy shall carry out a program to enhance the Nation’s economic, environmental, and energy security by making awards to consortia for establishing and operating Energy Innovation Hubs to conduct and support, whenever practicable at one centralized location, multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies. (2) Technology development focus The Secretary shall designate for each Hub a unique advanced energy technology focus. (3) Coordination The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of Hubs with those of other Department of Energy research entities, including the National Laboratories, the Advanced Research Projects Agency-Energy, Energy Frontier Research Centers, and within industry. (b) Consortia (1) Eligibility To be eligible to receive an award under this section for the establishment and operation of a Hub, a consortium shall— (A) be composed of no fewer than 2 qualifying entities; and (B) operate subject to an agreement entered into by its members that documents— (i) the proposed partnership agreement, including the governance and management structure of the Hub; (ii) measures to enable cost-effective implementation of the program under this section; (iii) a proposed budget, including financial contributions from non-Federal sources; (iv) a plan for managing intellectual property rights; and (v) an accounting structure that enables the Secretary to ensure that the consortium has complied with the requirements of this section. (2) Application A consortium seeking to establish and operate a Hub under this section, acting through a prime applicant, shall transmit to the Secretary an application at such time, in such form, and accompanied by such information as the Secretary shall require, including a detailed description of the elements of the consortium agreement required under paragraph (1)(B). If the consortium members will not be located at one centralized location, such application shall include a communications plan that ensures close coordination and integration of the Hub’s activities. (c) Selection and schedule The Secretary shall select consortia for awards for the establishment and operation of Hubs through competitive selection processes. In selecting consortia, the Secretary shall consider the information a consortium must disclose according to subsection (b), as well as any existing facilities a consortium will provide for Hub activities. Awards made to a Hub shall be for a period not to exceed 5 years, after which the award may be renewed, subject to a rigorous merit review. A Hub already in existence on the date of enactment of this Act may continue to receive support for a period of 5 years beginning on the date of establishment of that Hub. (d) Hub operations (1) In general Each Hub shall conduct or provide for multidisciplinary, collaborative research, development, demonstration, and, where appropriate, commercial application of advanced energy technologies within the technology development focus designated under subsection (a)(2). Each Hub shall— (A) encourage collaboration and communication among the member qualifying entities of the consortium and awardees by conducting activities whenever practicable at one centralized location; (B) develop and publish on the Department of Energy’s website proposed plans and programs; (C) submit an annual report to the Secretary summarizing the Hub’s activities, including detailing organizational expenditures, and describing each project undertaken by the Hub; and (D) monitor project implementation and coordination. (2) Conflicts of interest (A) Procedures Hubs shall maintain conflict of interest procedures, consistent with those of the Department of Energy, to ensure that employees and consortia designees for Hub activities who are in decisionmaking capacities disclose all material conflicts of interest. (B) Disqualification and revocation The Secretary may disqualify an application or revoke funds distributed to a Hub if the Secretary discovers a failure to comply with conflict of interest procedures established under subparagraph (A). (3) Prohibition on construction (A) In general No funds provided pursuant to this section may be used for construction of new buildings or facilities for Hubs. Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost-sharing agreement. (B) Test bed and renovation exception Nothing in this subsection shall prohibit the use of funds provided pursuant to this section, or non-Federal cost share funds, for research or for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research if the Secretary determines that the test bed or renovations are limited to a scope and scale necessary for the research to be conducted. (e) Termination Consistent with the existing authorities of the Department, the Secretary may terminate an underperforming Hub for cause during the performance period. (f) Definitions For purposes of this section: (1) Advanced energy technology The term advanced energy technology means— (A) an innovative technology— (i) that produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable energy resources; (ii) that produces nuclear energy; (iii) for carbon capture and sequestration; (iv) that enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings; (v) that generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies, including through Smart Grid technologies; or (vi) that enhances the energy independence and security of the United States by enabling improved or expanded supply and production of domestic energy resources, including coal, oil, and natural gas; (B) research, development, demonstration, and commercial application activities necessary to ensure the long-term, secure, and sustainable supply of energy critical elements; or (C) another innovative energy technology area identified by the Secretary. (2) Energy critical element The term energy critical element means any of a class of chemical elements that have a high risk of a supply disruption and are critical to one or more new, energy-related technologies such that a shortage of such element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy. (3) Hub The term Hub means an Energy Innovation Hub established or operating in accordance with this section, including any Energy Innovation Hub existing as of the date of enactment of this Act. (4) Qualifying entity The term qualifying entity means— (A) an institution of higher education; (B) an appropriate State or Federal entity, including the Department of Energy Federally Funded Research and Development Centers; (C) a nongovernmental organization with expertise in advanced energy technology research, development, demonstration, or commercial application; or (D) any other relevant entity the Secretary considers appropriate. 642. Participation in the Innovation Corps program (a) Agreement The Secretary of Energy shall enter into an agreement with the Director of the National Science Foundation to enable researchers funded by the Department of Energy to participate in the Innovation Corps program authorized by section 307. (b) Authorization The Secretary of Energy may also establish a Department of Energy Innovation Corps program, modeled after the National Science Foundation Innovation Corps program, to incorporate experts from the Department of Energy National Laboratories in the training curriculum of the program. 643. Technology transfer (a) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report which shall include— (1) an assessment of the Department’s current ability to carry out the goals of section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ), including an assessment of the role and effectiveness of the Technology Transfer Coordinator position; and (2) recommended departmental policy changes and legislative changes to section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ) to improve the Department’s ability to successfully transfer new energy technologies to the private sector. (b) Amendments Section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ) is amended— (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and (2) by inserting after subsection (e) the following new subsections: (f) Agreements for commercializing technology (1) In general The Secretary may permit the directors of the National Laboratories to exercise Agreements for Commercializing Technology authority and execute agreements with non-Federal entities to sponsor research and development activities at the National Laboratories. (2) Eligibility When exercising the authority authorized by this subsection, the Secretary shall permit the directors of the National Laboratories to execute agreements with non-Federal entities, including non-Federal entities that have received Federal funding, provided that the non-Federal entity uses no funds derived from a current Federal contract or award to carry out such an agreement. (3) Continuation of authority The Secretary shall continue to provide Agreements for Commercializing Technology authority for at least 2 years after the date of enactment of this Act. (4) Report Upon completion of the Agreements for Commercializing Technology pilot program, the Secretary shall submit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate that includes the results of the pilot program and explains the Department’s decision whether or not to continue permitting the directors of the National Laboratories to exercise Agreements for Commercializing Technology authority. (g) Inclusion of technology maturation in authorized technology transfer activities The Secretary shall permit the directors of the National Laboratories to use funds authorized to support technology transfer, following the standard practices of the Department, to carry out technology maturation activities to identify and improve potential commercial application opportunities and demonstrate applications of research and technologies arising from National Laboratory activities. . (c) Delegation of authority for technology transfer agreements (1) Authority The Secretary of Energy shall delegate to directors of the National Laboratories signature authority for any technology transfer agreement with a total cost of not more than $500,000, including both National Laboratory contributions and the project recipient cost share contribution, if such an agreement falls within the scope of a strategic plan for the National Laboratory that has been approved by the Department. (2) Agreements included The agreements to which this subsection applies include— (A) Cooperative Research and Development Agreements; and (B) non-Federal Work for Others Agreements. 644. Elimination of cost sharing requirement for research and development activities conducted by universities and nonprofit institutions Section 988(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(b) ) is amended— (1) in paragraph (1), by striking Except as provided in paragraphs (2) and (3) and inserting Except as provided in paragraphs (2), (3) and (4) ; and (2) by adding at the end the following new paragraph: (4) Exemptions (A) In general Paragraph (1) shall not apply to a research or development activity performed by universities and other nonprofit institutions. (B) Definition In this paragraph, the term nonprofit institution has the meaning given that term in section 4(3) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703(3) ). . 645. Pilot Race to the Top for Energy Efficiency and Grid Modernization Program The Secretary of Energy shall carry out a pilot program to promote innovative technologies and practices at the State, local, or tribal level or by electric cooperatives to increase energy efficiency, increase distributed electricity generation, and modernize the grid. The Department shall provide— (1) informational resources as appropriate to potential applicants; and (2) technical assistance awards to carry out these activities on a competitive merit-reviewed basis. 646. Rename Under Secretary for Science to Under Secretary for Science and Energy Section 202 of the Department of Energy Organization Act ( 42 U.S.C. 7132 ) is amended by striking Under Secretary for Science each place it appears and inserting Under Secretary for Science and Energy . 647. Special hiring authority for scientific, engineering, and project management personnel (a) In general The Under Secretary shall have the authority to— (1) make appointments of scientific, engineering, and professional personnel, without regard to civil service laws, to assist the Department in meeting specific project or research needs; (2) fix the basic pay of any employee appointed under this section at a rate to be determined by the Under Secretary at rates not in excess of the Executive Schedule (EX–II) without regard to the civil service laws; and (3) pay any employee appointed under this section payments in addition to basic pay, except that the total amount of additional payments paid to an employee under this subsection for any 12-month period shall not exceed the least of the following amounts: (A) $25,000. (B) The amount equal to 25 percent of the annual rate of basic pay of that employee. (C) The amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (b) Term (1) In general The term of any employee appointed under this section shall not exceed 3 years. (2) Termination The Under Secretary shall have the authority to terminate any employee appointed under this section at any time based on performance or changing project or research needs of the Department.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4159ih/xml/BILLS-113hr4159ih.xml
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113-hr-4160
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I 113th CONGRESS 2d Session H. R. 4160 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mrs. Ellmers 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 prohibit further action on the proposed rule regarding changes to Medicare prescription drug benefit programs.
1. Short title This Act may be cited as the Keep the Promise to Seniors Act of 2014 . 2. Protecting seniors from cancelled prescription drug coverage, fewer choices, and increased premiums Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not take any action (through promulgation of a final or interim final regulation, issuance of regulatory or program guidance, use of Federal payment audit procedures, or other enforcement or administrative action, policy, or practice) to implement any provision of the proposed regulation (relating to policy and technical changes to the Medicare Advantage and part D programs under the Medicare program) published on January 10, 2014 (79 Fed. Reg. 1918 et seq.) insofar as such regulation relates to the provisions of part D of title XVIII of the Social Security Act, including the application of such provisions to MA–PD plans under part C of such title.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4160ih/xml/BILLS-113hr4160ih.xml
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113-hr-4161
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I 113th CONGRESS 2d Session H. R. 4161 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Ms. Wasserman Schultz (for herself and Ms. Granger ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To encourage and further research on the engagement of underrepresented youth in the STEM fields.
1. Short title This Act may be cited as the 21st Century STEM for Underrepresented Students Act . 2. STEM for underrepresented students (a) In general The Director of the National Science Foundation shall establish a program to provide grants on a merit-reviewed, competitive basis for research on programming that engages underrepresented students in grades kindergarten through 8 in STEM in order to prepare these groups to pursue undergraduate and graduate degrees or careers in STEM. (b) Use of funds (1) In general Grants awarded under this section shall be used toward research to advance the engagement of underrepresented students grades kindergarten through 8 in STEM through providing before-school, after-school, out-of-school, or summer activities, including programs (if applicable to the target population) provided in a single-gender environment, that are designed to encourage interest, engagement, and skills development of underrepresented students in STEM. Such research shall be conducted in learning environments that actively provide programming to underrepresented students in grades kindergarten through 8 in STEM. (2) Permitted activities Such activities may include— (A) the provision of programming described in subsection (a) for the purpose of research; (B) the use of a variety of engagement methods including cooperative and hands-on learning; (C) exposure of underrepresented youth to role models in the fields of STEM and near-peer mentors; (D) training of informal learning educators and youth-serving professionals using evidence-based methods consistent with the target student population being served; (E) education of students on the relevance and significance of STEM careers, provision of academic advice and assistance, and activities designed to help students make real-world connections to STEM content activities; (F) the attendance of underrepresented youth at events, competitions, and academic programs to provide content expertise and encourage career exposure in STEM; (G) activities designed to engage parents of underrepresented youth; (H) innovative strategies to engage underrepresented youth, such as using leadership skill outcome measures to encourage youth with the confidence to pursue STEM coursework and academic study; (I) coordination with STEM-rich environments, including other nonprofit, nongovernmental organizations, classroom and out-of-classroom settings, institutions of higher education, vocational facilities, corporations, museums, or science centers; and (J) the acquisition of instructional materials or technology-based tools to conduct applicable grant activity. (c) Application An applicant seeking funding under the section shall submit an application at such time, in such manner, and containing such information as may be required. The application shall include, at a minimum, the following: (1) A description of the target audience to be served by the program, including an explanation and justification for why the target group ought to be considered as underrepresented students in one or more of the STEM fields. (2) A description of the process for recruitment and selection of students. (3) A description of how such research activity may inform programming that engages underrepresented students in grades kindergarten through 8 in STEM. (4) A description of how such research activity may inform programming that promotes student academic achievement in STEM. (5) An evaluation plan that includes, at a minimum, the use of outcome-oriented measures to determine the impact and efficacy of programming being researched. (d) Awards In awarding grants under this section, the Director shall give priority to applicants which, for the purpose of grant activity, include or partner with a nonprofit, nongovernmental organization that has extensive experience and expertise in increasing the participation of underrepresented students in STEM. (e) Evaluations Each applicant that receives funds under this section shall provide, at the conclusion of every year during which the funds are received, an evaluation in a form prescribed by the Director. This evaluation shall include both formative and summative evaluation. (f) Accountability and dissemination (1) Evaluation required Not later than 3 years after the date of enactment of this Act, the Director shall evaluate the program established under this section. In addition to evaluating the effectiveness of the program, such evaluation shall— (A) use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research; and (B) to the extent practicable, combine the research resulting from the grant activity with the current research on serving underrepresented students in grades kindergarten through 8. (2) Report on evaluations Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes— (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the program. (g) Coordination In carrying out this section, the Director shall consult, cooperate, and coordinate, to enhance program effectiveness and to avoid duplication, with the programs and policies of other relevant Federal agencies.
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113-hr-4162
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I 113th CONGRESS 2d Session H. R. 4162 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Cartwright (for himself, Mrs. Christensen , Mr. Connolly , Mr. Himes , Mr. Holt , Mr. Honda , Mr. Nadler , Mr. Nolan , Ms. Roybal-Allard , Ms. Schwartz , Mr. Vargas , Ms. Esty , Mr. Enyart , and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a Financing Energy Efficient Manufacturing Program in the Department of Energy to provide financial assistance to promote energy efficiency and onsite renewable technologies in manufacturing and industrial facilities.
1. Short title This Act may be cited as the Job Creation through Energy Efficient Manufacturing Act . 2. Purpose The purpose of this Act is to encourage widespread deployment of energy efficiency and onsite renewable energy technologies in manufacturing and industrial facilities throughout the United States through the establishment of a Financing Energy Efficient Manufacturing Program that would— (1) encourage the widespread availability of financial products and programs with attractive rates and terms that significantly reduce or eliminate upfront expenses to allow manufacturing and industrial businesses to invest in energy efficiency measures, onsite clean and renewable energy systems, smart grid systems, and alternative vehicle fleets by providing credit support, credit enhancement, secondary markets, and other support to originators of the financial products and sponsors of the financing programs; and (2) help building owners to invest in measures and systems that reduce energy costs, in many cases creating a net cost savings that can be realized in the short-term, and may also allow manufacturing and industrial businesses owners to defer capital expenditures, save money to hire new workers, and increase the value, comfort, and sustainability of the property of the owners. 3. Definitions In this Act: (1) Covered program The term covered program means a program to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid, and alternative vehicle fleet projects for industrial businesses. (2) Secretary The term Secretary means the Secretary of Energy. (3) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. 4. Financing Energy Efficient Manufacturing Program (a) Establishment The Secretary shall establish a program, to be known as the Financing Energy Efficient Manufacturing Program , under which the Secretary shall provide grants to States to establish or expand covered programs. (b) Applications (1) In general A State may apply to the Secretary for a grant under subsection (a) to establish or expand covered programs. (2) Evaluation The Secretary shall evaluate applications submitted by States under paragraph (1) on the basis of— (A) the likelihood that the covered program would— (i) be established or expanded; and (ii) increase the total investment and energy savings of retrofit projects to be supported; (B) in the case of industrial business efficiency financing initiatives conducted under subsection (c), evidence of multistate cooperation and coordination with lenders, financiers, and owners; and (C) other factors that would advance the purposes of this Act, as determined by the Secretary. (c) Multistate facilitation The Secretary shall consult with States and relevant stakeholders with applicable expertise to establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple States. (d) Administration A State receiving a grant under subsection (a) shall give a higher priority to covered programs that— (1) leverage private and non-Federal sources of funding; and (2) aim explicitly to expand the use of energy efficiency project financing using private sources of funding. (e) Davis-Bacon compliance (1) In general All laborers and mechanics employed on projects funded directly by or assisted in whole or in part by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act ). (2) Authority With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (f) Reports (1) In general Not later than 2 years after the date of receipt of a grant under this Act, a State shall submit to the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that describes the performance of covered programs carried out using the grant funds. (2) Data (A) In general A State receiving a grant under this Act, in cooperation with the Secretary, shall— (i) collect and share data resulting from covered programs carried out under this Act; and (ii) include in the report submitted under paragraph (1) any data collected under clause (i). (B) Department databases The Secretary shall incorporate data described in subparagraph (A) into appropriate databases of the Department of Energy, with provisions for the protection of confidential business data. 5. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $250,000,000, to remain available until expended. (b) State energy offices Funds provided to a State under this Act shall be provided to the office within the State that is responsible for developing the State energy plan for the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).
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113-hr-4163
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I 113th CONGRESS 2d Session H. R. 4163 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Smith of Washington (for himself, Mr. Levin , Mr. Kilmer , Mr. Rangel , Mr. Bera of California , Mr. Blumenauer , Mr. Carney , Mr. Connolly , Mr. Cooper , Mr. Courtney , Mrs. Davis of California , Mr. Delaney , Ms. DelBene , Mr. Gallego , Mr. Garcia , Ms. Hanabusa , Mr. Heck of Washington , Mr. Kind , Ms. Kuster , Mr. Larsen of Washington , Mr. Larson of Connecticut , Mr. Lewis , Mr. Maffei , Mr. Sean Patrick Maloney of New York , Mrs. McCarthy of New York , Mr. McDermott , Mr. Meeks , Mr. Moran , Mr. Murphy of Florida , Mr. Neal , Mr. Pascrell , Mr. Owens , Mr. Polis , Mr. Quigley , Mr. Richmond , Mr. Schneider , Mr. Schrader , Ms. Sewell of Alabama , Ms. Sinema , Mr. Thompson of California , Mr. Himes , and Ms. Esty ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the trade adjustment assistance program, and for other purposes.
1. Short title This Act may be cited as the Trade Adjustment Assistance Act of 2014 . I Application of provisions relating to trade adjustment assistance 101. Application of provisions relating to trade adjustment assistance (a) Repeal of snapback Section 233 of the Trade Adjustment Assistance Extension Act of 2011 ( Public Law 112–40 ; 125 Stat. 416) is repealed. (b) Applicability of certain provisions Except as otherwise provided in this Act, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on December 31, 2013, and as amended by this Act, shall— (1) take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment. (c) References Except as otherwise provided in this Act, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision of chapters 2 through 6 of title II of the Trade Act of 1974, the reference shall be considered to be made to a provision of any such chapter, as in effect on December 31, 2013. II Extension of trade adjustment assistance program A Extension provisions 201. Extension of termination provisions Section 285 of the Trade Act of 1974 ( 19 U.S.C. 2271 note) is amended by striking 2013 each place it appears and inserting 2020 . 202. Training funds Section 236(a)(2)(A) of the Trade Act of 1974 ( 19 U.S.C. 2296(a)(2)(A) ) is amended— (1) in clause (i), by striking and 2013 and inserting through 2020 ; and (2) in clause (ii), by striking 2013 each place it appears and inserting 2020 . 203. Reemployment trade adjustment assistance Section 246(b)(1) of the Trade Act of 1974 ( 19 U.S.C. 2318(b)(1) ) is amended by striking 2013 and inserting 2020 . 204. Authorizations of appropriations (a) Trade adjustment assistance for workers Section 245(a) of the Trade Act of 1974 ( 19 U.S.C. 2317(a) ) is amended by striking 2013 and inserting 2020 . (b) Trade adjustment assistance for firms Section 255(a) of the Trade Act of 1974 ( 19 U.S.C. 2345(a) ) is amended— (1) by striking $16,000,000 and inserting $50,000,000 ; (2) by striking and 2013 and inserting through 2020 ; (3) by striking $4,000,000 and inserting $6,250,000 ; and (4) by striking October 1, 2013, and ending on December 31, 2013 and inserting October 1, 2020, and ending on December 31, 2020 . (c) Trade adjustment assistance for communities Section 272(a) of the Trade Act of 1974 ( 19 U.S.C. 2372(a) ) is amended— (1) by striking and 2010 and inserting through 2020 ; and (2) by striking October 1, 2010, and ending December 31, 2010 and inserting October 1, 2020, and ending December 31, 2020 . (d) Trade adjustment assistance for farmers Section 298(a) of the Trade Act of 1974 ( 19 U.S.C. 2401g(a) ) is amended— (1) by striking and 2013 and inserting through 2020 ; and (2) by striking October 1, 2013, and ending on December 31, 2013 and inserting October 1, 2020, and ending on December 31, 2020 . B Other provisions 211. Extension of trade adjustment assistance to public agency workers (a) Definitions Section 247 of the Trade Act of 1974 ( 19 U.S.C. 2319 ) is amended— (1) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking The and inserting Subject to section 222(d)(5), the ; and (B) in subparagraph (A), by striking or service sector firm and inserting , service sector firm, or public agency ; and (2) by adding at the end the following: (19) The term public agency means a department or agency of a State or local government or of the Federal Government, or a subdivision thereof. . (b) Group eligibility requirements Section 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 ) is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (2) by inserting after subsection (b) the following: (c) Adversely affected workers in public agencies A group of workers in a public agency shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that— (1) a significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated; (2) the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and (3) the acquisition of services described in paragraph (2) contributed importantly to such workers’ separation or threat of separation. ; (3) in subsection (d) (as redesignated), by adding at the end the following: (5) Reference to firm For purposes of subsections (a) and (b), the term firm does not include a public agency. ; and (4) in paragraph (2) of subsection (e) (as redesignated), by striking subsection (a) or (b) and inserting subsection (a), (b), or (c) . 212. Limitations on trade readjustment allowances (a) Limitations Section 233(a) of the Trade Act of 1974 ( 19 U.S.C. 2293(a) ) is amended— (1) in paragraph (2), in the matter preceding subparagraph (A), by inserting after 104-week period the following: (or, in the case of an adversely affected worker who requires a program of remedial education (as described in section 236(a)(5)(D)) or a program of prerequisite education (as described in section 236(a)(5)(E)) in order to complete training approved for the worker under section 236, the 130-week period) ; and (2) in paragraph (3), in the matter preceding subparagraph (A), by striking 65 additional weeks and inserting 78 additional weeks . (b) Payment of trade readjustment allowances To complete training Section 233(f) of the Trade Act of 1974 ( 19 U.S.C. 2293(f) ) is amended by striking 13 each place it appears and inserting 26 . 213. Job search and relocation allowances (a) Job search allowances Section 237 of the Trade Act of 1974 ( 19 U.S.C. 2297 ) is amended— (1) in subsection (a)(1)— (A) by striking Each State and all that follows through an adversely affected worker and inserting An adversely affected worker ; and (B) by striking to file and inserting may file ; and (2) in subsection (b)— (A) in paragraph (1), by striking not more than 90 percent and inserting 100 percent ; and (B) in paragraph (2), by striking $1,250 and inserting $1,500 . (b) Relocation allowances Section 238 of the Trade Act of 1974 ( 19 U.S.C. 2298 ) is amended— (1) in subsection (a)(1)— (A) by striking Each State and all that follows through an adversely affected worker and inserting An adversely affected worker ; and (B) by striking to file and inserting may file ; and (2) in subsection (b)— (A) in paragraph (1), by striking not more than 90 percent and inserting 100 percent ; and (B) in paragraph (2), by striking $1,250 and inserting $1,500 . 214. Reemployment trade adjustment assistance program Section 246(a) of the Trade Act of 1974 ( 19 U.S.C. 2318(a) ) is amended— (1) in paragraph (3)(B)(ii), by striking $50,000 and inserting $55,000 ; and (2) in paragraph (5), by striking $10,000 each place it appears and inserting $12,000 . III General provisions 301. Applicability of trade adjustment assistance provisions (a) Trade adjustment assistance for workers (1) Petitions filed on or after January 1, 2014, and before date of enactment (A) Certifications of workers not certified before date of enactment (i) Criteria if a determination has not been made If, as of the date of the enactment of this Act, the Secretary of Labor has not made a determination with respect to whether to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in clause (iii), the Secretary shall make that determination based on the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment. (ii) Reconsideration of denials of certifications If, before the date of the enactment of this Act, the Secretary made a determination not to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in clause (iii), the Secretary shall— (I) reconsider that determination; and (II) if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance. (iii) Petition described A petition described in this clause is a petition for a certification of eligibility for a group of workers filed under section 221 of the Trade Act of 1974 on or after January 1, 2014, and before the date of the enactment of this Act. (B) Eligibility for benefits (i) In general Except as provided in clause (ii), a worker certified as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (A)(iii) shall be eligible, on and after the date of the enactment of this Act, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment. (ii) Computation of maximum benefits Benefits received by a worker described in clause (i) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act. (2) Petitions filed before January 1, 2014 A worker certified as eligible to apply for adjustment assistance pursuant to a petition filed under section 221 of the Trade Act of 1974 on or before December 31, 2013, shall continue to be eligible to apply for and receive benefits under the provisions of chapter 2 of title II of such Act, as in effect on December 31, 2013. (3) Qualifying separations with respect to petitions filed within 90 days of date of enactment Section 223(b) of the Trade Act of 1974, as in effect on the date of the enactment of this Act, shall be applied and administered by substituting before January 1, 2014 for more than one year before the date of the petition on which such certification was granted for purposes of determining whether a worker is eligible to apply for adjustment assistance pursuant to a petition filed under section 221 of the Trade Act of 1974 on or after the date of the enactment of this Act and on or before the date that is 90 days after such date of enactment. (b) Trade adjustment assistance for firms (1) Certification of firms not certified before date of enactment (A) Criteria if a determination has not been made If, as of the date of the enactment of this Act, the Secretary of Commerce has not made a determination with respect to whether to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall make that determination based on the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment. (B) Reconsideration of denial of certain petitions If, before the date of the enactment of this Act, the Secretary made a determination not to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall— (i) reconsider that determination; and (ii) if the firm meets the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligible to apply for adjustment assistance. (C) Petition described A petition described in this subparagraph is a petition for a certification of eligibility filed by a firm or its representative under section 251 of the Trade Act of 1974 on or after January 1, 2014, and before the date of the enactment of this Act. (2) Certification of firms that did not submit petitions between January 1, 2014, and date of enactment (A) In general The Secretary of Commerce shall certify a firm described in subparagraph (B) as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974, as in effect on the date of the enactment of this Act, if the firm or its representative files a petition for a certification of eligibility under section 251 of the Trade Act of 1974 not later than 90 days after such date of enactment. (B) Firm described A firm described in this subparagraph is a firm that the Secretary determines would have been certified as eligible to apply for adjustment assistance if— (i) the firm or its representative had filed a petition for a certification of eligibility under section 251 of the Trade Act of 1974 on a date during the period beginning on January 1, 2014, and ending on the day before the date of the enactment of this Act; and (ii) the provisions of chapter 3 of title II of the Trade Act of 1974, as in effect on such date of enactment, had been in effect on that date during the period described in clause (i). 302. Sunset provisions (a) Application of prior law Subject to subsection (b), beginning on January 1, 2021, the provisions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. ), as in effect on January 1, 2014, shall be in effect and apply, except that in applying and administering such chapters— (1) paragraph (1) of section 231(c) of that Act shall be applied and administered as if subparagraphs (A), (B), and (C) of that paragraph were not in effect; (2) section 233 of that Act shall be applied and administered— (A) in subsection (a)— (i) in paragraph (2), by substituting 104-week period for 104-week period and all that follows through 130-week period) ; and (ii) in paragraph (3)— (I) in the matter preceding subparagraph (A), by substituting 65 for 52 ; and (II) by substituting 78-week period for 52-week period each place it appears; and (B) by applying and administering subsection (g) as if it read as follows: (g) Payment of trade readjustment allowances To complete training Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 that leads to the completion of a degree or industry-recognized credential, payments may be made as trade readjustment allowances for not more than 13 weeks within such period of eligibility as the Secretary may prescribe to account for a break in training or for justifiable cause that follows the last week for which the worker is otherwise entitled to a trade readjustment allowance under this chapter if— (1) payment of the trade readjustment allowance for not more than 13 weeks is necessary for the worker to complete the training; (2) the worker participates in training in each such week; and (3) the worker— (A) has substantially met the performance benchmarks established as part of the training approved for the worker; (B) is expected to continue to make progress toward the completion of the training; and (C) will complete the training during that period of eligibility. ; (3) section 245(a) of that Act shall be applied and administered by substituting 2021 for 2007 ; (4) section 246(b)(1) of that Act shall be applied and administered by substituting December 31, 2021 for the date that is 5 years and all that follows through State ; (5) section 256(b) of that Act shall be applied and administered by substituting the 1-year period beginning on January 1, 2021 for each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007 ; (6) section 298(a) of that Act shall be applied and administered by substituting the 1-year period beginning on January 1, 2021 for each of the fiscal years and all that follows through October 1, 2007 ; and (7) section 285 of that Act shall be applied and administered— (A) in subsection (a), by substituting 2021 for 2007 each place it appears; and (B) by applying and administering subsection (b) as if it read as follows: (b) Other assistance (1) Assistance for firms (A) In general Except as provided in subparagraph (B), assistance may not be provided under chapter 3 after December 31, 2021. (B) Exception Notwithstanding subparagraph (A), any assistance approved under chapter 3 on or before December 31, 2021, may be provided— (i) to the extent funds are available pursuant to such chapter for such purpose; and (ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance. (2) Farmers (A) In general Except as provided in subparagraph (B), assistance may not be provided under chapter 6 after December 31, 2021. (B) Exception Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before December 31, 2021, may be provided— (i) to the extent funds are available pursuant to such chapter for such purpose; and (ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance. . (b) Exceptions The provisions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, shall continue to apply on and after January 1, 2021, with respect to— (1) workers certified as eligible for trade adjustment assistance benefits under chapter 2 of title II of that Act pursuant to petitions filed under section 221 of that Act before January 1, 2021; (2) firms certified as eligible for technical assistance or grants under chapter 3 of title II of that Act pursuant to petitions filed under section 251 of that Act before January 1, 2021; and (3) agricultural commodity producers certified as eligible for technical or financial assistance under chapter 6 of title II of that Act pursuant to petitions filed under section 292 of that Act before January 1, 2021. IV Health Coverage Tax Credit 401. Extension and modification of Health Coverage Tax Credit (a) Extension Subparagraph (B) of section 35(b)(1) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2014 and inserting before January 1, 2021 . (b) Increase Subsection (a) of section 35 of such Code is amended by striking 72.5 percent and inserting 80 percent . (c) Coordination with PPACA credit for coverage under a qualified health plan (1) In general (A) Subsection (a) of section 35 of such Code is amended by inserting who elects the application of this section for the taxable year after In the case of an individual . (B) Paragraph (10) of section 35(g) of such Code (relating to regulations) is amended by redesignating such paragraph as paragraph (12) and by inserting before such paragraph (as so redesignated) the following new paragraph: (11) Coordination with premium tax credit (A) In general In the case of a taxpayer who elects the application of this section for any taxable year, no credit shall be allowed under section 36B with respect to such taxpayer for such taxable year. (B) Election Any election for this section to apply for a taxable year, once made, shall be irrevocable. . (2) Advance payment Section 7527 of such Code is amended by adding at the end the following new subsection: (f) Coordination with advance payment of premium tax credit No payment shall be made under this section on behalf of any individual with respect to whom for the taxable year any advance payment is made under section 1412 of the Patient Protection and Affordable Care Act. . (3) Procedures The Secretary of the Treasury shall issue such procedures and guidance as may be necessary or appropriate to coordinate, and facilitate taxpayer choices between, advance payments under section 7527 of the Internal Revenue Code of 1986 and section 1412 of the Patient Protection and Affordable Care Act. (d) Health plans offered through exchange treated as qualified health insurance Paragraph (1) of section 35(e) of such Code is amended by adding at the end the following new subparagraph: (L) Coverage under a qualified health plan which was enrolled in through an Exchange established by a State under section 1311 of the Patient Protection and Affordable Care Act. . (e) Effective date (1) In general The amendments made by this section shall apply to coverage months beginning after December 31, 2013. (2) Advance payment provisions The amendment made by subsection (c)(2) shall apply to certificates issued after the date of the enactment of this Act.
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113-hr-4164
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I 113th CONGRESS 2d Session H. R. 4164 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Hurt (for himself and Ms. Sewell of Alabama ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To exempt smaller public companies from requirements relating to the use of Extensible Business Reporting Language for periodic reporting to the Securities and Exchange Commission, and for other purposes.
1. Short title This Act may be cited as the Small Company Disclosure Simplification Act . 2. Exemption from XBRL requirements for emerging growth companies and other smaller companies (a) Exemption for emerging growth companies Emerging growth companies are exempted from the requirements to use Extensible Business Reporting Language (XBRL) for financial statements and other periodic reporting required to be filed with the Commission under the securities laws. Such companies may elect to use XBRL for such reporting. (b) Exemption for other smaller companies Issuers with total annual gross revenues of less than $250,000,000 are exempt from the requirements to use XBRL for financial statements and other periodic reporting required to be filed with the Commission under the securities laws. Such issuers may elect to use XBRL for such reporting. An exemption under this subsection shall continue in effect until the later of— (1) the date that is five years after the date of enactment of this Act; or (2) a determination by the Commission, by order after conducting the analysis required by section 3, that the benefits of such requirements to such issuers outweigh the costs. (c) Modifications to regulations Not later than 60 days after the date of enactment of this Act, the Commission shall revise its regulations under parts 229, 230, 232, 239, 240, and 249 of title 17, Code of Federal Regulations, to reflect the exemptions set forth in subsections (a) and (b). 3. Analysis by the SEC The Commission shall conduct an analysis of the costs and benefits to issuers described in section 2(b) of the requirements to use XBRL for financial statements and other periodic reporting required to be filed with the Commission under the securities laws. Such analysis shall include an assessment of— (1) how such costs and benefits may differ from the costs and benefits identified by the Commission in the order relating to interactive data to improve financial reporting (dated January 30, 2009; 74 Fed. Reg. 6776) because of the size of such issuers; (2) the effects on efficiency, competition, capital formation, and financing and on analyst coverage of such issuers (including any such effects resulting from use of XBRL by investors); and (3) the costs to such issuers of— (A) submitting data to the Commission in XBRL; (B) posting data on the website of the issuer in XBRL; (C) software necessary to prepare, submit, or post data in XBRL; and (D) any additional consulting services or filing agent services. 4. Report to Congress Not later than one year after the date of enactment of this Act, the Commission shall provide the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report regarding— (1) the progress in implementing XBRL reporting within the Commission; (2) the use of XBRL data by Commission officials; (3) the use of XBRL data by investors; (4) the results of the analysis required by section 3; and (5) any additional information the Commission considers relevant for increasing transparency, decreasing costs, and increasing efficiency of regulatory filings with the Commission. 5. Definitions As used in this Act, the terms Commission , emerging growth company , issuer , and securities laws have the meanings given such terms in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c).
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113-hr-4165
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I 113th CONGRESS 2d Session H. R. 4165 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Franks of Arizona (for himself, Mr. Costa , Mr. Royce , Mr. Poe of Texas , and Mr. Gosar ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect crime victims’ rights.
1. Short title This Act may be cited as the Justice for Crime Victims Act of 2014 . 2. Crime victims' rights (a) In general Section 3771 of title 18, United States Code, is amended— (1) in subsection (a), by adding at the end the following: (9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement. (10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice. ; (2) in subsection (d)(3), in the fifth sentence, by inserting , unless the litigants, with the approval of the court, have stipulated to a different time period for consideration before the period; and (3) in subsection (e)— (A) by striking this chapter, the term and inserting the following: “this chapter: (1) Court of appeals The term court of appeals means— (A) the United States court of appeals for the judicial district in which a defendant is being prosecuted; or (B) for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals. (2) Crime victim (A) In general The term ; (B) by striking In the case and inserting the following: (B) Minors and certain other victims In the case ; and (C) by adding at the end the following: (3) District court; court The terms district court and court include the Superior Court of the District of Columbia. . (b) Crime victims fund Section 1402(d)(3) of the Victims of Crime Act of 1984 ( 42 U.S.C. 10601(d)(3) ) is amended— (1) by inserting (A) before Of the sums ; and (2) by striking available for the United States Attorneys Offices and all that follows and inserting the following: ‘‘available only for— (i) the United States Attorneys Offices and the Federal Bureau of Investigation to provide and improve services for the benefit of crime victims in the Federal criminal justice system (as described in 3771 of title 18, United States Code, and section 503 of the Victims’ Rights and Restitution Act of 1990 ( 42 U.S.C. 10607 )) through victim coordinators, victims' specialists, and advocates, including for the administrative support of victim coordinators and advocates providing such services; and (ii) a Victim Notification System. (B) Amounts made available under subparagraph (A) may not be used for any purpose that is not specified in clause (i) or (ii) of subparagraph (A). . (c) Appellate review of petitions relating to crime victims' rights (1) In general Section 3771(d)(3) of title 18, United States Code, as amended by subsection (a)(2) of this section, is amended by inserting after the fifth sentence the following: In deciding such application, the court of appeals shall apply ordinary standards of appellate review. . (2) Application The amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4165ih/xml/BILLS-113hr4165ih.xml
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113-hr-4166
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I 113th CONGRESS 2d Session H. R. 4166 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Thompson of California introduced the following bill; which was referred to the Committee on Natural Resources A BILL To transfer recreational management authority for Lake Berryessa in the State of California from the Bureau of Reclamation to the Bureau of Land Management, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Lake Berryessa Recreation Enhancement 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. Sec. 4. Transfer of administrative jurisdiction. Sec. 5. Management of Recreation Area. Sec. 6. Continued authorities of Commissioner of Reclamation. Sec. 7. Existing authorizations. Sec. 8. Recreation and concession fees. 2. Findings; purposes (a) Findings Congress finds that— (1) the Monticello Dam— (A) was authorized by the Reclamation Project Act of 1939 (53 Stat. 1187); (B) resulted in the formation of Lake Berryessa; and (C) is operated by the Bureau of Reclamation; (2) Lake Berryessa— (A) covers approximately 28,915 acres of surface water and land; (B) has 165 miles of shoreline; (C) has a 2,000 acre wildlife area on the east side; (D) is located less than 100 miles from both Sacramento, California and San Francisco, California; and (E) has become an important regional recreation destination; and (3) the recreational use at Lake Berryessa generates tourism that is important to local economies. (b) Purposes The purposes of this Act are— (1) to provide diverse, high quality recreational facilities and services on the water and land surrounding Lake Berryessa; (2) to conserve the natural, scenic, scientific, historic, and other resource values contributing to the public use and enjoyment of that land and water; (3) to promote cooperation between the Federal Government and private entities to manage that exceptional resource; (4) to authorize the Secretary to manage certain resources under the Bureau of Land Management; and (5) to transfer to the Secretary, without consideration, administrative jurisdiction over certain Federal land for management as a unit of the Bureau of Land Management. 3. Definitions In this Act: (1) Dam The term Dam means— (A) the Monticello Dam; and (B) any facility relating to the Monticello Dam. (2) Recreation area The term Recreation Area means the Lake Berryessa Recreation Area designated by section 4(a). (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of California. 4. Transfer of administrative jurisdiction (a) In general Administrative jurisdiction over the Federal land described in subsection (b) is transferred from the Bureau of Reclamation to the Bureau of Land Management for administration as the Lake Berryessa Recreation Area. (b) Description of land The land referred to in subsection (a) is the approximately ___ acres of water and land administered by the Bureau of Reclamation that is within or adjacent to Lake Berryessa and is identified as ___ on the map dated ___. 5. Management of Recreation Area (a) In general Subject to the authority of the Secretary under section 6, the Secretary shall manage the Recreation Area in accordance with sections 601 through 604 of Public Law 93–483. (b) Applicable law Subject to valid existing rights, the Secretary shall administer the Recreation Area in accordance with laws (including regulations) applicable to units of the public lands of the Bureau of Land Management. (c) Waters Nothing in this Act— (1) affects the use or allocation, in existence on the date of the enactment of this Act, of any water, water right, or interest in water; (2) affects any vested absolute or decreed conditional water right in existence on the date of the enactment of this Act, including any water right held by the United States; (3) affects any interstate water compact in existence on the date of the enactment of this Act; (4) authorizes or imposes any new reserved Federal water rights; (5) relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act; (6) impairs the ability of the Bureau of Reclamation and its managing partners to operate, maintain, or manage Monticello Dam and other Solano Project facilities in accordance with the purposes of such project; or (7) modifies, changes, or supersedes any water contract or agreements approved or administered by the Bureau of Reclamation or Solano County Water Agency or Solano Irrigation District. (d) Existing agreements To benefit the interests of the public, the Secretary shall act in accordance with any agreement in existence on the date of the enactment of this Act with any organization for the management of— (1) campgrounds located in the Recreation Area; and (2) marinas located in the Recreation Area. (e) Comprehensive management plan (1) Development of plan The Secretary may develop a management plan under paragraph (1)— (A) as a new document; or (B) by adopting the recreational use plan adopted by the Bureau of Reclamation on June 2, 2006. (2) Applicability Nothing in this Act requires an immediate revision or amendment to any plan for any public land of the Bureau of Land Management. (3) Use of planning documents Until the date on which the Secretary develops a management plan, the Secretary may use planning documents prepared by the Bureau of Reclamation without further administrative action. 6. Continued authorities of Commissioner of Reclamation Nothing in this Act or any subsequent management plan shall impair the ability of the Bureau of Reclamation and its managing partners to operate, maintain, or manage Monticello Dam, Lake Berryessa, and other Solano Project facilities in accordance with that project’s authorized purposes. The Commissioner of Reclamation shall continue to administer and operate— (1) the Dam; and (2) any power facility relating to the Dam. 7. Existing authorizations (a) In general Except as provided in subsections (b) and (c), nothing in this Act affects any authorization in effect as of the date of the enactment of this Act made by any department or agency of the Federal Government for the use of land or water located within the Recreation Area (referred to in this section as an existing authorization ). (b) Assumption of existing authorization Not later than 1 year after the date of the enactment of this Act, the Secretary shall assume the administration of any existing authorization, with such revisions as necessary to align the authorization with existing law and policies of the Bureau of Land Management. (c) Renewal of existing authorization The renewal of any existing authorization shall be made in accordance with such terms and conditions as the Secretary may prescribe. 8. Recreation and concession fees (a) Fees authorized The Secretary may establish, modify, charge, and collect recreation or concession fees at the Recreation Area in accordance with section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ). The amount of the fee shall be commensurate with the benefits and services provided to the visitor or with the recovery of the anticipated costs associated with management of the Recreation Area, including costs of maintaining or operating facilities and visitor services. (b) Use of fees The Secretary may retain fees collected under subsection (a) for the purposes of managing the Recreation Area.
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113-hr-4167
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I 113th CONGRESS 2d Session H. R. 4167 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Barr introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend section 13 of the Bank Holding Company Act of 1956, known as the Volcker Rule, to exclude certain debt securities of collateralized loan obligations from the prohibition against acquiring or retaining an ownership interest in a hedge fund or private equity fund.
1. Short title This Act may be cited as the Restoring Proven Financing for American Employers Act . 2. Rules of construction relating to collateralized loan obligations Section 13(g) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851(g) ) is amended by adding at the end the following new paragraphs: (4) Collateralized loan obligations (A) Inapplicability to certain collateralized loan obligations Nothing in this section shall be construed to require the divestiture of any debt securities of collateralized loan obligations, if such collateralized loan obligations were issued before January 31, 2014. (B) Ownership interest with respect to collateralized loan obligations A banking entity shall not be considered to have an ownership interest in a collateralized loan obligation because it acquires or retains a debt security in such collateralized loan obligation if the debt security has no indicia of ownership other than the right of the banking entity to participate in the removal for cause, or in the selection of a replacement after removal for cause or resignation, of an investment manager or investment adviser of the collateralized loan obligation. (C) Definitions For purposes of this paragraph: (i) Collateralized loan obligation The term collateralized loan obligation means any issuing entity of an asset-backed security, as defined in section 3(a)(77) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(77) ), that is comprised primarily of commercial loans. (ii) Removal for cause An investment manager or investment adviser shall be deemed to be removed for cause if the investment manager or investment adviser is removed as a result of— (I) a breach of a material term of the applicable management or advisory agreement or the agreement governing the collateralized loan obligation; (II) the inability of the investment manager or investment adviser to continue to perform its obligations under any such agreement; or (III) any other action or inaction by the investment manager or investment adviser that has or could reasonably be expected to have a materially adverse effect on the collateralized loan obligation, if the investment manager or investment adviser fails to cure or take reasonable steps to cure such effect within a reasonable time. .
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113-hr-4168
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I 113th CONGRESS 2d Session H. R. 4168 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide payment for patient navigator services under title XIX of the Social Security Act, and for other purposes.
1. Short title This Act may be cited as the Patient Navigation Assistance Act of 2014 . 2. Medicaid coverage for patient navigator services (a) In general Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (1) by inserting after paragraph (77) the following new paragraph: (78) provide that the State shall reimburse an eligible entity (as defined in subsection (ll)(1)) for any patient navigator service (as defined in subsection (ll)(3)) that is provided— (A) to an individual who is eligible for medical assistance under the State plan; and (B) by a patient navigator (as defined in subsection (ll)(2)) through the eligible entity. ; and (2) by adding at the end the following new subsection: (ll) Patient navigator services definitions For purposes of this section: (1) Eligible entity The term eligible entity means an entity that— (A) is an eligible entity (as defined in subsection (l)(1) of section 340A of the Public Health Service Act); and (B) complies with the following requirements of such section (insofar as they apply to a grant recipient under such section): (i) Subsection (b) (relating to patient navigator duties and community knowledge). (ii) Subsection (c) (relating to prohibitions). (iii) Subsection (e) (relating to applications). (iv) Subsection (j)(3) (relating to reports). (2) Patient navigator (A) In general The term patient navigator has the meaning given such term in section 340A(l)(3) of the Public Health Service Act. (B) Consultation with advisory committee (i) In general The Secretary shall consult with the patient navigation advisory committee to the extent necessary to further clarify the definition of the term patient navigator for purposes of this section, including establishing requirements to ensure adequate training for such navigators, such as developing a training curriculum. (ii) Membership The Secretary shall convene a patient navigation advisory committee. The members of such committee shall include— (I) representatives from relevant Federal departments and agencies, including the National Institutes of Health, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the Centers for Medicare & Medicaid Services; and (II) individuals and representatives of public and private organizations with expertise in patient navigation. (3) Patient navigator services The term patient navigator service means a service that is a duty specified under paragraphs (1) through (6) of subsection (b) of section 340A of the Public Health Service Act and that is provided by a patient navigator through an eligible entity. . (b) Treatment as medical assistance for purposes of FMAP Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended— (1) in paragraph (28), by striking and at the end; (2) by redesignating paragraph (29) as paragraph (30); and (3) by inserting after paragraph (28) the following new paragraph: (29) patient navigator services (as defined in section 1902(ll)(3)) that are provided in a manner that meets the requirements of section 1902(a)(78); and . (c) Effective date (1) In general Subject to paragraph (2) , the amendments made by this section shall apply to patient navigator services provided after the first day of the first calendar year that begins after the date of enactment of this Act. (2) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this Act, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.
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113-hr-4169
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I 113th CONGRESS 2d Session H. R. 4169 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Ms. Edwards (for herself, Ms. Bass , Mr. Carson of Indiana , Mr. Cummings , Mr. Ellison , Mr. Keating , Ms. Lee of California , Mr. Lynch , Mr. Michaud , Mr. Rangel , Mr. Ryan of Ohio , Ms. Schwartz , Mr. Serrano , Ms. Shea-Porter , Mr. Tierney , Mr. Tonko , Ms. Wilson of Florida , Mr. Foster , and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prevent deaths occurring from drug overdoses.
1. Short title This Act may be cited as the Stop Overdose Stat Act or the S.O.S. Act . 2. Findings The Congress finds the following: (1) According to the Centers for Disease Control and Prevention (CDC), each day in the United States more than 100 people die from a drug overdose. Among people 25 to 64 years old, drug overdose caused more deaths than motor vehicle accidents. (2) The CDC reports that more than 38,000 people in the United States died from a drug overdose in 2010 alone. Seventy-eight percent of these deaths were due to unintentional drug overdoses, and many could have been prevented. (3) Deaths resulting from unintentional drug overdoses increased more than 400 percent between 1980 and 1999, and more than doubled between 1999 and 2010. (4) Ninety-one percent of all unintentional poisoning deaths are due to drugs. Since 1999, in the United States the population of Non-Hispanic Whites and the population of American Indians and Alaska Natives have seen the highest rates of unintentional drug poisoning deaths. (5) Opioid medications such as oxycodone and hydrocodone are involved in 55 percent of all unintentional drug poisoning deaths. (6) Between 1999 and 2010, opioid medication overdose fatalities increased by more than 400 percent among women and 265 percent among men. (7) Military veterans are at elevated risk of experiencing a drug overdose. Vietnam, Iraq, and Afghanistan veterans with combat injuries, posttraumatic stress disorder (PTSD), and other co-occurring mental health diagnoses are at elevated risk of fatal drug overdose from opioid medications. (8) Rural and suburban regions are disproportionately affected by opioid medication overdoses. Urban centers also continue to struggle with overdose, which is the leading cause of death among homeless adults. (9) In the year 2009 alone, estimated lost productivity and direct medical costs from opioid medication poisonings exceeded $20,000,000,000. (10) Both fatal and nonfatal overdoses place a heavy burden on public health and public safety resources, yet there is no coordinated cross-Federal agency response to prevent overdose fatalities. (11) Naloxone is a medication that rapidly reverses overdose from heroin and opioid medications. (12) In 2012, the Food and Drug Administration (FDA) held a public workshop in collaboration with the National Institute on Drug Abuse (NIDA) and the CDC, and with participation from the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office of National Drug Control Policy (ONDCP), to discuss making naloxone more widely available outside of conventional medical settings to reduce the incidence of opioid overdose fatalities. (13) Lawmakers in California, Colorado, Connecticut, Illinois, Kentucky, Massachusetts, Maryland, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia have removed legal impediments to increasing naloxone prescription and its use by bystanders who are in a position to respond to an overdose. (14) Health practitioners are often not fully aware of overdose symptoms and prevention methods, impacting their ability to adequately inform patients and caregivers on how to recognize symptoms, respond effectively by seeking emergency assistance, and provide naloxone and other first aid in order to save a life. (15) The American Medical Association (AMA), the Nation’s largest physician organization, supports further implementation of community-based programs that offer naloxone and other opioid overdose prevention services. (16) Community-based overdose prevention programs have successfully prevented deaths from opioid overdoses by making rescue trainings and naloxone available to first responders, parents, and other bystanders who may encounter an overdose. Over 50,000 potential bystanders have been trained by overdose prevention programs in the United States. A CDC report credits overdose prevention programs with saving more than 10,000 lives since 1996. (17) At least 188 local overdose prevention programs are operating in the United States, including in major cities such as Baltimore, Chicago, Los Angeles, New York City, Boston, San Francisco, and Philadelphia, and statewide in New Mexico, Massachusetts, and New York. Between 2006 and 2009, overdose prevention programs facilitated by the Massachusetts Department of Public Health trained nearly 3,000 people who reported more than 300 rescues. Since 2004, a program administered by the Baltimore City Health Department has trained more than 3,000 people who reported more than 220 rescues. Project Lazarus, an overdose prevention program in Wilkes County, North Carolina, reduced overdose deaths 69 percent between 2009 and 2011. (18) The ONDCP supports equipping first responders to help reverse overdoses. Police officers on patrol in Quincy, Massachusetts, have conducted 170 overdose rescues with naloxone since 2010. The police department has reported a 95-percent success rate with overdose rescue attempts by police officers. In Suffolk County, New York, police officers have saved more than 50 lives with naloxone. (19) Research shows that the cost per year of life gained by making naloxone available to reverse overdoses is within the range of what Americans usually pay for health treatments. (20) Overdose prevention programs are needed in correctional facilities, addiction treatment programs, and other places where people are at higher risk of overdosing after a period of abstinence. (21) People affected by drug overdose gather each year in communities nationwide on August 31st for Overdose Awareness Day to mourn and pay tribute to loved ones and raise awareness about overdose risk and prevention. 3. Overdose prevention grant program (a) Program authorized The Secretary, acting through the Director of the CDC, shall award grants or cooperative agreements to eligible entities to enable the eligible entities to reduce deaths occurring from overdoses of drugs. (b) Application (1) In general An eligible entity desiring a grant or cooperative agreement under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application under paragraph (1) shall include— (A) a description of the activities to be funded through the grant or cooperative agreement; and (B) a demonstration that the eligible entity has the capacity to carry out such activities. (c) Priority In awarding grants and cooperative agreements under subsection (a), the Secretary shall give priority to eligible entities that— (1) are a public health agency or community-based organization; and (2) have expertise in preventing deaths occurring from overdoses of drugs in populations at high risk of such deaths. (d) Eligible activities (1) Required activity As a condition on receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to use the grant or cooperative agreement to purchase and distribute the drug naloxone. (2) Additional activities In addition to the activity described in paragraph (1), an eligible entity shall use a grant or cooperative agreement under this section to carry out one or more of the following activities: (A) Educating prescribers and pharmacists about overdose prevention and naloxone prescription. (B) Training first responders, other individuals in a position to respond to an overdose, and law enforcement and corrections officials on the effective response to individuals who have overdosed on drugs. Training pursuant to this subparagraph may include any activity that is educational, instructional, or consultative in nature, and may include volunteer trainings, awareness building exercises, outreach to individuals who are at-risk of a drug overdose, and distribution of educational materials. (C) Implementing and enhancing programs to provide overdose prevention, recognition, treatment, and response to individuals in need of such services. (D) Expanding activities described in paragraph (1). (E) Expanding activities described in subparagraph (A) or (B). (e) Coordinating center (1) Establishment The Secretary shall establish and provide for the operation of a coordinating center responsible for— (A) collecting, compiling, and disseminating data on the programs and activities under this section; (B) evaluating such data and, based on such evaluation, developing best practices for preventing deaths occurring from drug overdoses; and (C) making such best practices specific to the type of community involved. (2) Reports to center As a condition on receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to prepare and submit, not later than 90 days after the end of the grant or cooperative agreement period, a report to such coordinating center and the Secretary describing the results of the activities supported through the grant or cooperative agreement. (f) Matching funds (1) In general As a condition on receipt of a grant or cooperative agreement under this section, an eligible entity shall agree that, with respect to the costs to be incurred by the eligible entity in carrying out the activities for which the grant or cooperative agreement is awarded, the eligible entity will make available non-Federal contributions in an amount equal to not less than 50 percent of the Federal funds provided through the grant or cooperative agreement. (2) Satisfying matching requirement The non-Federal contributions required under paragraph (1) may be— (A) in cash or in-kind, including services, fairly evaluated; and (B) from— (i) any private source; or (ii) a State, tribal, or local agency. (3) Waiver The Secretary may waive or reduce the non-Federal contribution required by paragraph (1) if the eligible entity involved demonstrates that the eligible entity cannot meet the contribution requirement due to financial hardship. (g) Duration The period of a grant or cooperative agreement under this section shall be 4 years. (h) Authorization of appropriations There are authorized to be appropriated $10,000,000 to carry out this section for each of the fiscal years 2014 through 2018. 4. Surveillance capacity building (a) Program authorized The Secretary, acting through the Director of the CDC, shall award grants or cooperative agreements to State, local, or tribal governments, or the National Poison Data System working in conjunction with State, local, or tribal governments, to improve fatal and nonfatal drug overdose surveillance and reporting capabilities, including the following: (1) Providing training to improve identification of drug overdose as the cause of death by coroners and medical examiners. (2) Establishing, in cooperation with the National Poison Data System, coroners, and medical examiners, a comprehensive national program for surveillance of, and reporting to an electronic database on, drug overdose deaths in the United States. (3) Establishing, in cooperation with the National Poison Data System, a comprehensive national program for surveillance of, and reporting to an electronic database on, fatal and nonfatal drug overdose occurrences, including epidemiological and toxicologic analysis and trends. (b) Application (1) In general A State, local, or tribal government or the National Poison Data System desiring a grant or cooperative agreement under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents The application described in paragraph (1) shall include— (A) a description of the activities to be funded through the grant or cooperative agreement; and (B) a demonstration that the State, local, or tribal government or the National Poison Data System has the capacity to carry out such activities. (c) Report As a condition on receipt of a grant or cooperative agreement under this section, a State, local, or tribal government or the National Poison Data System shall agree to prepare and submit, not later than 90 days after the end of the grant or cooperative agreement period, a report to the Secretary describing the results of the activities supported through the grant or cooperative agreement. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2014 through 2018. 5. Reducing overdose deaths Part J of title III of the Public Health Service Act ( 42 U.S.C. 280b et seq. ) is amended by inserting after section 393D ( 42 U.S.C. 280b–1f ) the following: 393F. Reducing overdose deaths (a) Prevention of drug overdose Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with a task force comprised of stakeholders, shall develop a plan to reduce the number of deaths occurring from overdoses of drugs and shall submit the plan to Congress. The plan shall include— (1) a plan for implementation of a public health campaign to educate prescribers and the public about overdose prevention and naloxone prescription; (2) recommendations for improving and expanding overdose prevention programming; and (3) recommendations for such legislative or administrative action as the Secretary considers appropriate. (b) Task force representation (1) Required members The task force referred to in subsection (a) shall include at least one representative of each of the following: (A) Individuals directly impacted by drug overdose. (B) Direct service providers who engage individuals at risk of a drug overdose. (C) Drug overdose prevention advocates. (D) The NIDA. (E) The Center for Substance Abuse Treatment. (F) The CDC. (G) The Health Resources and Services Administration. (H) The Food and Drug Administration. (I) The Office of National Drug Control Policy. (J) The American Medical Association. (K) The American Association of Poison Control Centers. (L) The Bureau of Prisons. (M) The Centers for Medicare & Medicaid Services. (N) The Department of Justice. (2) Additional members In addition to the representatives required by paragraph (1), the task force referred to in subsection (a) may include other representatives of individuals or entities with expertise relating to drug overdoses. . 6. Overdose prevention research (a) Overdose research The Director of the NIDA shall prioritize and conduct or support research on drug overdose and overdose prevention. The primary aims of this research shall include— (1) examination of circumstances that contribute to drug overdose and identification of drugs associated with fatal overdose; (2) evaluation of existing overdose prevention methods; (3) pilot programs or research trials on new overdose prevention strategies or programs that have not been studied in the United States; (4) scientific research concerning the effectiveness of overdose prevention programs, including how to effectively implement and sustain such programs; and (5) comparative effectiveness research on overdose prevention programs. (b) Formulations of naloxone The Director of the NIDA shall support research on the development of formulations of naloxone and dosage delivery devices specifically intended to be used by lay persons or first responders for the prehospital treatment of unintentional drug overdose. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2014 through 2018. 7. Offset of costs and personnel Notwithstanding any other provision of law, the Secretary shall— (1) eliminate such initiatives, positions, and programs as the Secretary deems necessary to ensure any and all costs incurred to carry out the provisions of this Act, and the amendments made by this Act, are entirely offset; (2) ensure no net increase in personnel are added to carry out the provisions of this Act, with any new full- or part-time employees or equivalents offset by eliminating an equivalent number of existing staff; (3) not later than 60 days after the date of the enactment of this Act, report to the Congress on the actions taken to ensure compliance with paragraphs (1) and (2), including the specific initiatives, positions, and programs that have been eliminated to ensure that the costs of carrying out this Act will be offset; and (4) not implement any other provision of this Act (other than paragraphs (1), (2), and (3)) or any amendment made by this Act until the Secretary has certified that the actions specified in paragraphs (1), (2), and (3) have been completed. 8. Definitions In this Act: (1) CDC The term CDC means the Centers for Disease Control and Prevention. (2) Drug The term drug — (A) means a drug (as that term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )); and (B) includes any controlled substance (as that term is defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )). (3) Eligible entity The term eligible entity means an entity that is a State, local, or tribal government, a correctional institution, a law enforcement agency, a community agency, a professional organization in the field of poison control and surveillance, or a private nonprofit organization. (4) National poison data system The term National Poison Data System means the system operated by the American Association of Poison Control Centers, in partnership with the CDC, for real-time local, State, and national electronic reporting, and the corresponding database network. (5) NIDA The term NIDA means the National Institute on Drug Abuse. (6) ONDCP The term ONDCP means the Office of National Drug Control Policy. (7) Secretary The term Secretary means the Secretary of Health and Human Services. (8) State The term State means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4169ih/xml/BILLS-113hr4169ih.xml
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113-hr-4170
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I 113th CONGRESS 2d Session H. R. 4170 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Fattah introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for a Youth Mental Health Research Network.
1. Short title This Act may be cited as the Youth Mental Health Research Act . 2. Findings Congress finds the following: (1) More than 100 million Americans currently have some sort of brain-related condition. Millions of Americans, many of whom are currently school children, have some sort of developmental delay, autism, or learning disability. (2) Moreover, many Americans suffer from some form of psychotic disorder, including schizophrenia and affective psychotic disorders. (3) These brain disorders usually result in significant life-long disability, and psychotic disorders in particular, despite advances in treatment, rank among the top causes of disability worldwide. (4) Neuroscience research has the potential to dramatically improve the quality of life for people facing brain disease and injury, and to significantly improve our understanding of learning. (5) Because of the impact on the health and economy of the country, the Federal Government has taken a special interest in promoting neuroscience and mental health research. Several Federal agencies, including the National Science Foundation, National Institutes of Health (NIH), Veterans Administration, and Department of Defense oversee research on the brain and nervous system. (6) In December 2011, Congress directed the Office of Science and Technology Policy to establish an Interagency Working Group on Neuroscience (IWGN). The IWGN is currently convening representatives across the Federal Government to make recommendations about the future of neuroscience research. (7) Given the findings about the role of mental illness in multiple shootings across the Nation, including Newton, Connecticut, Aurora, Colorado, and other communities experiencing similar tragedies, the Federal Government has an interest in pursuing research on the early detection, intervention, and prevention of psychosis. (8) In line with this, the Federal Government is looking for new ways of increasing the Nation’s knowledge of the underlying causes of psychosis. (9) The United States commitment to furthering the early detection of mental illness in youth was seen in its participation in two public/private research programs that studied the earliest stages of psychotic illness, namely— (A) the North American Prodrome Longitudinal Study (NAPLS); and (B) the Recovery After an Initial Schizophrenia Episode (RAISE) initiative. 3. Youth Mental Health Research Network (a) Youth Mental Health Research Network (1) Network The Director of the National Institutes of Health may provide for the establishment of a Youth Mental Health Research Network for the conduct or support of— (A) youth mental health research; and (B) youth mental health intervention services. (2) Collaboration by institutes and centers The Director of NIH shall carry out this Act acting— (A) through the Director of the National Institute of Mental Health; and (B) in collaboration with other appropriate national research institutes and national centers that carry out activities involving youth mental health research. (3) Mental health research (A) In general In carrying out paragraph (1), the Director of NIH may award cooperative agreements, grants, and contracts to State, local, and tribal governments and private nonprofit entities for— (i) conducting, or entering into consortia with other entities to conduct— (I) basic, clinical, behavioral, or translational research to meet unmet needs for youth mental health research; or (II) training for researchers in youth mental health research techniques; (ii) providing, or partnering with non-research institutions or community-based groups with existing connections to youth to provide, youth mental health intervention services; and (iii) collaborating with the National Institute of Mental Health to make use of, and build on, the scientific findings and clinical techniques of the Institute’s earlier programs, studies, and demonstration projects. (B) Research The Director of NIH shall ensure that— (i) each recipient of an award under subparagraph (A)(i) conducts or supports at least one category of research described in subparagraph (A)(i)(I) and collectively such recipients conduct or support all such categories of research; and (ii) one or more such recipients provide training described in subparagraph (A)(i)(II). (C) Number of award recipients The Director of NIH may make awards under this paragraph for not more than 70 entities. (D) Supplement, not supplant Any support received by an entity under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph. (E) Duration of support Support of an entity under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended by the Director of NIH for additional periods of not more than 5 years. (4) Coordination The Director of NIH shall— (A) as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the recipients of awards under this subsection; and (B) require the periodic preparation and submission to the Director of reports on the activities of each such recipient. (b) Intervention services for, and research on, severe mental illness (1) In general In making awards under subsection (a)(3), the Director of NIH shall ensure that an appropriate number of such awards are awarded to entities that agree to— (A) focus primarily on the early detection and intervention of severe mental illness in young people; (B) conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of early severe mental illness in a community setting; (C) rapidly and efficiently disseminate scientific findings resulting from such trials; and (D) adhere to the guidelines, protocols, and practices used in the North American Prodrome Longitudinal Study (NAPLS) and the Recovery After an Initial Schizophrenia Episode (RAISE) initiative. (2) Data coordinating center (A) Establishment In connection with awards to entities described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes: (i) To distribute the scientific findings referred to in paragraph (1)(C). (ii) To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects. (iii) To organize and conduct multisite monitoring activities. (iv) To provide assistance to the Centers for Disease Control and Prevention in the establishment of patient registries. (B) Reporting The Director of NIH shall— (i) require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH on research conducted by entities described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (ii) as appropriate, incorporate information reported under clause (i) into the Director’s biennial reports under section 403 of the Public Health Service Act (42 U.S.C. 283). (c) Definitions In this Act, the terms Director of NIH , national center , and national research institute have the meanings given to such terms in section 401 of the Public Health Service Act (42 U.S.C. 281). (d) Authorization of appropriations To carry out this Act, there is authorized to be appropriated $25,000,000 for each of fiscal years 2015 through 2019.
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113-hr-4171
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I 113th CONGRESS 2d Session H. R. 4171 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Fitzpatrick (for himself, Mr. Westmoreland , Mr. Burgess , Mr. Young of Indiana , Mr. McIntyre , and Mr. Matheson ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a commission to examine the processes used by the Bureau of Labor Statistics to provide unemployment rates and to make recommendations to Congress for any changes in methodology or improvements to such processes.
1. Short title This Act may be cited as the Labor Statistics Improvement Act . 2. Establishment of commission There is established an independent commission to be known as the Commission to Improve Labor Statistics . 3. Duties of commission The Commission shall— (1) examine and make an assessment of the process by which the Bureau of Labor Statistics collects, processes, analyzes, and disseminates statistical data relating to unemployment rates, including— (A) the methods used for determining that an individual is or is not considered to be looking for work, including what constitutes actively looking versus passively looking or discouraged ; and (B) the utility of the six measures used by the Bureau for reporting labor underutilization; (2) formulate recommendations for any improvement to such process and methods, including proposals for any alternative measures of labor force participation, taking into account— (A) evidence that the official unemployment rate doesn’t always accurately reflect labor market strength; and (B) that unemployment rates may vary over a business cycle due to changes in labor force participation rather than from factors affecting labor market strength; and (3) develop a new method or methods for determining and reporting underemployment that takes into consideration workers— (A) who are not in jobs that match their skill set or education; and (B) who are earning less than other workers in similar occupations or with similar skill sets and education. 4. Membership of commission (a) Appointment The Commission shall be composed of four members appointed from among individuals with experience in the private sector, academia, or the Federal civil service, each having expertise in economic analysis, understanding labor markets, or statistical analysis. Members shall be appointed as follows: (1) Two members appointed by the President. (2) One member appointed by the President pro tempore of the Senate. (3) One member appointed by the Speaker of the House of Representatives. (b) Deadline for appointment Each member shall be appointed to the Commission not later than 180 days after the date of enactment of this Act. (c) Terms and vacancies Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Basic pay and travel expenses Members shall serve without pay. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum Three members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Chairperson The Chairperson of the Commission shall be elected by the members. (g) Meetings The Commission shall meet at the call of the Chairperson. 5. Staff of commission (a) Staff The Chairperson may appoint and fix the pay of the personnel of the Commission as the Chairperson considers appropriate. (b) Applicability of certain civil service laws The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Staff of Federal agencies Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. 6. Report of commission Not later than 180 days after the date on which all original members have been appointed to the Commission, the Commission shall transmit to the President and Congress a report that contains a detailed statement of the findings and recommendations of the Commission developed pursuant to section 3. 7. Termination of commission (a) Termination The Commission shall terminate 60 days after the date of submission of the report pursuant to section 7. (b) Administrative activities before termination The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the second report.
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113-hr-4172
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I 113th CONGRESS 2d Session H. R. 4172 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Gibson (for himself and Ms. Sinema ) 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 clarify when certain academic assessments shall be administered.
1. Short title This Act may be cited as the Student Testing Improvement and Accountability Act . 2. Findings Congress finds the following: (1) Prior to 2001, Federal law required States only to test students once per grade span. (2) Following the enactment of the No Child Left Behind Act of 2001, Federal education policy has placed an increased emphasis on testing assessments, requiring students to undergo standardized testing every year in grades 3–8. (3) Reducing the frequency of federally required testing would allow more time for classroom instruction, decrease the burden on educational resources associated with testing, and move our public education system away from the practice of teaching to the test . (4) The yearly testing currently required by Federal law should be replaced with grade span testing. 3. Academic assessments Section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended— (1) in clause (v)(I)— (A) by striking except as otherwise provided for grades 3 through 8 under clause vii, ; and (B) by inserting and the achievement of students against the challenging State academic content and student academic achievement standards after proficiency of students ; (2) by striking clause (vii); and (3) in clause (viii), by striking , (vi), (vii) and inserting and (vi) .
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113-hr-4173
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I 113th CONGRESS 2d Session H. R. 4173 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Ms. Hahn (for herself and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish the Brownfield Redevelopment and Economic Development Innovative Financing program to promote urban renewal, and for other purposes.
1. Short title This Act may be cited as the Brownfield Redevelopment and Economic Development Innovative Financing Act of 2014 . 2. Brownfield Redevelopment and Economic Development Innovative Financing Program (a) Establishment and purpose The Secretary of Housing and Urban Development, in consultation with the Secretary of the Treasury, shall establish a program, to be known as the Brownfield Redevelopment and Economic Development Innovative Financing program, under which the Secretary may guarantee, and make commitments to guarantee, the repayment of principal and interest on loans made by lenders to local governments, local redevelopment agencies, or BRAC redevelopment projects for the purposes of carrying out projects for redeveloping brownfields and promoting urban renewal. (b) Eligibility requirements (1) Application A local government, local redevelopment agency, or BRAC redevelopment project shall be eligible to receive a loan guarantee under the Program only if such government, agency, or project submits to the Secretary (at such time and in such form as the Secretary may require)— (A) a master plan that meets the requirements under subsection (c); (B) a certification from the Environmental Protection Agency, or an entity designated by the Environmental Protection Agency, that the brownfield to be redeveloped under the master plan requires environmental remediation; and (C) any other information as the Secretary may require. (2) Loan eligibility A loan may be guaranteed under the Program only if the loan meets the following requirements: (A) Use Such loan shall be used for costs of carrying out a project to redevelop brownfields and promote urban renewal, which may include— (i) acquisition of a brownfield site; (ii) remediation of a brownfield site; (iii) relocation of existing facilities in operation on the redevelopment site; or (iv) site preparation, including the installation of utilities, sewers, storm drains, and transportation facilities. (B) Contamination A local government, local redevelopment agency, or BRAC redevelopment project may not receive a loan guarantee under the Program if the applying agency was responsible for contaminating a brownfield to be redeveloped using such loan. (C) Number of loans A local government, local redevelopment agency, or BRAC redevelopment project may not at any time have more than one outstanding loan that is guaranteed under the Program. (D) Amount of principal The original principal amount of such loan shall not— (i) be less than $25,000,000; and (ii) exceed the lesser of— (I) the total cost of the redevelopment project for which the loan is to be used; or (II) $150,000,000. (E) Interest rate Such loan shall bear interest at a rate negotiated between the lender and the borrower, subject to any limitations that the Secretary may establish. (F) Duration The term to maturity of such loan shall not be shorter than 20 years nor longer than 30 years. (G) Repayment Such loan— (i) shall not require any repayment of principal or interest within 10 years after the date that the lender makes the loan to the borrower; and (ii) shall require that repayment shall begin not later than 15 years after the date that such loan is made. (c) Master plan A master plan under this subsection shall describe the proposed brownfield redevelopment project for which the loan guarantee is to be made, and shall include— (1) a description of the project to be funded by the loan, including a schedule of activities to be undertaken and a budget for such project; (2) a demonstration that the brownfield redevelopment project will result in major redevelopment, based on economic development and environmental quality and restoration, in the community in which such project is located, which shall include information regarding— (A) the extent of non-Federal funds committed to the project; (B) the number of long-term jobs created by the project; (C) the environmental remediation of brownfield sites due to the project; (D) a description of the environmental and economic impact of the project on the community; (E) the amount of affordable housing created by the project; (F) the reduction of vehicle congestion and emissions expected to result from the project; (G) the extent of integration of green technology into developments and buildings created by the project; (H) the extent of improvement in air quality expected to result from the project; and (I) the extent to which complete streets planning and transit-oriented development is incorporated into the project; (3) evidence of the commitments of investment from non-Federal entities, established through zoning or other documentation; and (4) a remediation action plan that has been approved by the Environmental Protection Agency, or its designee. (d) Selection criteria The Secretary shall establish criteria for selecting local governments, local redevelopment agencies, and BRAC redevelopment projects to receive loan guarantees under the Program. Such criteria shall take into consideration the information required under subsection (c)(2). Such criteria shall provide that existing BRAC redevelopment projects having existing Federal grants, loans, or other assistance or commitments for Federal grants, loans, or other assistance, shall be given additional favorable consideration toward such selection. (e) Full faith and credit The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations. (f) Protection against liability for environmental remediation The Federal Government shall not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) or any other Federal, State, or local law as a result of a loan guarantee made under this section. (g) Processing; repayment and collateral; congressional oversight (1) Processing The Secretary shall consider, process, and approve all requests for loan guarantees under this section using an approval process that is substantially identical to the approval process used for loan guarantees provided under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 ). (2) Repayment schedule and collateralization To be eligible for a loan guarantee under this section, an applicant shall demonstrate a viable repayment schedule and shall provide sufficient collateral to ensure repayment of loans so guaranteed, which may be in the form of a pledge of grants for which the applicant may become eligible under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ), except that the Secretary may not require a pledge of such grants as collateral and shall provide for applicants to provide collateral in other forms, at the option of the applicant. (3) Congressional oversight Before final approval of any loan guarantee under this section, the Secretary shall notify the Committees on Financial Services and Appropriations of the House of Representatives and Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate of such approval. (h) Definitions For purposes of this section the following definitions shall apply: (1) BRAC redevelopment project The term BRAC redevelopment project means a project to redevelop a site that has been designated as a Base Realignment and Closure Site by the Secretary of Defense, through the Defense Base Closure and Realignment Commission, and is listed on the website of the Department of Defense as such a site. (2) Brownfield The term brownfield has the meaning given such term in section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(39) . (3) Local redevelopment agency The term local redevelopment agency means any agency, office, or division of a State government whose purpose includes improving blighted, deteriorated, or otherwise economically depressed areas. (4) Remediation action plan The term remediation action plan means, with respect to a brownfield redevelopment project, a document that describes how the project site will be remediated, what technology will be used to accomplish such remediation, and when the remediation actions will take place. (5) Program The term Program means the Brownfield Redevelopment and Economic Development Innovative Financing program established under this section. (6) Secretary The term Secretary means the Secretary of Housing and Urban Development. (i) Regulations Not later than 6 months after the date of enactment of this section, the Secretary shall issue regulations as may be necessary to carry out the Program. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary $100,000,000 for fiscal year 2015 for costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a )) of loans guaranteed under this section, which amounts shall remain available through fiscal year 2019.
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113-hr-4174
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I 113th CONGRESS 2d Session H. R. 4174 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Issa (for himself and Mr. Farenthold ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 39, United States Code, to modernize and improve Alaska bypass freight mail transportation.
1. Short title This Act may be cited as the Alaska Bypass Modernization Act of 2014 . 2. Alaska bypass mail transportation (a) In general Section 5402 of title 39, United States Code, is amended— (1) in the section heading by striking Contracts for transportation of mail by air and inserting Alaska bypass mail transportation ; (2) in subsection (a)— (A) by striking paragraphs (2), (7), and (9); and (B) by redesignating paragraphs (3), (4), (5), (6), (8), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25) as paragraphs (2) through (22), respectively; (3) by striking subsections (b) through (f); (4) by redesignating subsections (g) through (s) as subsections (c) through (o), respectively; (5) by inserting after subsection (a) the following: (b) Efficient transport of Alaska bypass mail In selecting a carrier of nonpriority bypass mail to a point in the State of Alaska, the Postal Service shall— (1) ensure a minimum of 1 scheduled flight per week to each nonpriority bypass mail destination with guaranteed capacity for nonpriority bypass mail, subject to the condition that weather conditions, lack of available service, or other extraordinary circumstances do not interfere with the fulfillment of this minimum requirement; and (2) ensure that any flight that transports nonpriority bypass mail to a nonpriority bypass mail destination and is in addition to the minimum flights required under paragraph (1)— (A) is necessary to the delivery of nonpriority bypass mail; and (B) maximizes the cost efficiency to the Postal Service. ; (6) in subsection (c)(2) (as redesignated by paragraph (4) of this subsection)— (A) in subparagraph (E) by striking (E)(i) and all that follows through the end of clause (i) and inserting the following: (E) (i) may offer tender of nonpriority mainline bypass mail at mainline rates to a bush carrier operating from an acceptance point to a hub point in the State of Alaska, in addition to the terms of subparagraph (C); and ; (B) by striking subparagraph (F) and inserting the following: (F) shall offer equitable tender of nonpriority bypass mail in proportion to passenger and nonmail freight pools described in this section between qualified passenger and nonmail freight carriers on a route from an acceptance point to a bush destination in the State of Alaska at a composite rate if— (i) (I) for a passenger carrier, the carrier receiving the composite rate provided passenger service in accordance with the requirements of subsection (d)(2); or (II) for a nonmail freight carrier, the carrier receiving the composite rate provided at least 25 percent of the nonmail freight service for the 12 months immediately preceding the date on which the carrier seeks tender of such mail; (ii) the carrier qualifies under subsection (d) to be tendered nonpriority bypass mail out of the hub point being bypassed; (iii) the tender of such mail will not decrease efficiency of delivery of nonpriority bypass mail service into or out of the hub point being bypassed; and (iv) such tender will result in reduced payments to the carrier by the Postal Service over flying the entire route; and ; (C) in subparagraph (G) by striking notwithstanding subparagraph (F), ; and (D) in the matter following subparagraph (G) by striking subparagraph (G) and inserting subparagraphs (F) and (G) ; and (7) in subparagraph (c)(4)(A) (as redesignated by paragraph (4) of this subsection) by striking subparagraph (B) and inserting subparagraph (B), paragraph (2)(E), . (b) Clerical amendment The table of sections for chapter 54 of such title is amended by striking the item relating to section 5402 and inserting the following: 5402. Alaska bypass mail transportation. . (c) Conforming amendments Section 5402 of such title is amended— (1) in subsection (a)— (A) in paragraph (4) by striking subsection (g)(1)(A)(iv)(I) and inserting subsection (c)(1)(A)(iv)(I) ; (B) in paragraph (5) by striking subsection (g)(1)(A)(iv)(I) and inserting subsection (c)(1)(A)(iv)(I) ; (C) in paragraph (13) by striking subsection (g)(1)(A)(iv)(II) and inserting subsection (c)(1)(A)(iv)(II) ; and (D) in paragraph (15)(A) by striking subsection (g)(1)(A)(iv) and inserting subsection (c)(1)(A)(iv) ; (2) in subsection (c) (as redesignated by subsection (a)(4) of this section)— (A) in paragraph (2)— (i) in subparagraph (C)(ii) by striking subsection (h)(5) and inserting subsection (d)(5) ; and (ii) in subparagraph (D)— (I) in clause (i)(II) by striking subsection (h)(5) and inserting subsection (d)(5) ; and (II) in clause (ii)(II) by striking subsection (i)(6) and inserting subsection (e)(6) ; and (B) in paragraph (5)— (i) in subparagraph (A)(i) by striking subsection (g)(1)(A)(iv)(II) and inserting paragraph (1)(A)(iv)(II) ; (ii) in subparagraph (B)(iii) by striking subsection (h)(5) and inserting subsection (d)(5) ; (iii) in subparagraph (C) by striking subsection (h)(2)(B) and inserting subsection (d)(2)(B) ; and (iv) in subparagraph (D) by striking subsection (h)(5) and inserting subsection (d)(5) ; (3) subsection (d) (as redesignated by subsection (a)(4) of this section)— (A) in paragraph (1)(A) by striking subsection (g)(1) and inserting subsection (c)(1) ; (B) in paragraph (3)— (i) in subparagraph (A) by striking subsection (g)(1) and inserting subsection (c)(1) ; and (ii) in subparagraph (B)(i)(II) by striking subsection (i)(1) and inserting subsection (e)(1) ; (C) in paragraph (5)(A) by striking subsection (k) and inserting subsection (g) ; and (D) in paragraph (6) by striking subsection (k) each place it appears and inserting subsection (g) ; (4) in subsection (e) (as redesignated by subsection (a)(4) of this section)— (A) in paragraph (3) by striking subsection (g)(1) and inserting subsection (c)(1) ; (B) in paragraph (4) by striking subsection (h) and inserting subsection (d) ; and (C) in paragraph (6) by striking subsection (k) and inserting subsection (g) ; (5) in subsection (f) (as redesignated by subsection (a)(4) of this section)— (A) in paragraph (1)— (i) by striking subsection (g)(1) and inserting subsection (c)(1) ; and (ii) by striking subsection (h) or (i) and inserting subsection (d) or (e) ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A) by striking subsections (h) and (i) and inserting subsections (d) and (e) ; (ii) in subparagraph (A) by striking subsection (h) and inserting subsection (d) ; and (iii) in subparagraph (B) by striking subsection (i) and inserting subsection (e) ; and (C) in paragraph (3)— (i) in subparagraph (B)— (I) in clause (i) by striking subsection (g)(1) and inserting subsection (c)(1) ; and (II) in clause (ii) by striking subsection (h) or (i) and inserting subsection (d) or (e) ; and (ii) in subparagraph (C) by striking subsection (h) or (i) and inserting subsection (d) or (e) ; (6) in subsection (h) (as redesignated by subsection (a)(4) of this section) by striking subsections (h) and (i) and inserting subsection (d) or (e) ; (7) in subsection (i) (as redesignated by subsection (a)(4) of this section)— (A) in paragraph (1)— (i) by striking subsections (h) and (i) and inserting subsections (d) and (e) ; and (ii) by striking subsection (h) and inserting subsection (d) ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A) by striking subsection (i) and inserting subsection (e) ; (ii) in subparagraph (A) by striking subsections (h) and (i) and inserting subsections (d) and (e) ; and (iii) in subparagraph (B)— (I) by striking subsection (h) and inserting subsection (d) ; and (II) by striking subsection (i) and inserting subsection (e) ; (8) in subsection (l) (as redesignated by subsection (a)(4) of this section)— (A) in paragraph (1) by striking subsection (g)(2), (h), or (i) and inserting subsection (c)(2), (d), or (e) ; (B) in paragraph (2) by striking subsection (h) or (i) and inserting subsection (d) or (e) ; and (C) in paragraph (3)— (i) by striking subsection (g)(1)(A)(iv), (g)(2)(E), (g)(4), or (g)(5) and inserting subsection (c)(1)(A)(iv), (c)(2)(E), (c)(4), or (c)(5) ; and (ii) by striking subsection (h) and inserting subsection (d) ; (9) in subsection (n) (as redesignated by subsection (a)(4) of this section) by striking subsection (g)(1) and inserting subsection (c)(1) ; and (10) in subsection (o) (as redesignated by subsection (a)(4) of this section) by striking subsections (b), (c) and (d) and inserting subsections (b), (c), and (d) of section 5404 . 3. Contracts for foreign and interstate air transportation (a) In general At the end of chapter 54 of title 39, United States Code, add the following: 5404. Contracts for foreign and interstate air transportation (a) Definitions In this section— (1) the terms air carrier , foreign air carrier , foreign air transportation , and interstate air transportation have the meanings given such terms in section 40102(a) of title 49; (2) the term certificated air carrier means an air carrier that holds a certificate of public convenience and necessity issued under section 41102(a) of title 49; (3) the term code-share relationship means a relationship pursuant to which any certificated air carrier or foreign air carrier’s designation code is used to identify a flight operated by another air carrier or foreign air carrier; and (4) the term Secretary means the Secretary of Transportation. (b) International mail (1) In general (A) Use of certificated air carriers; code-share relationships Except as otherwise provided in this subsection, the Postal Service may contract for the transportation of mail by aircraft between any of the points in foreign air transportation only with certificated air carriers. A contract may be awarded to a certificated air carrier to transport mail by air between any of the points in foreign air transportation that the Secretary has authorized the carrier to serve either directly or through a code-share relationship with 1 or more foreign air carriers. (B) Use of foreign air carriers If the Postal Service has sought offers or proposals from certificated air carriers to transport mail in foreign air transportation between points, or pairs of points within a geographic region or regions, and has not received offers or proposals that meet Postal Service requirements at a fair and reasonable price from at least 2 such carriers, the Postal Service may seek offers or proposals from foreign air carriers. Where service in foreign air transportation meeting the Postal Service’s requirements is unavailable at a fair and reasonable price from at least 2 certificated air carriers, either directly or through a code-share relationship with 1 or more foreign air carriers, the Postal Service may contract with foreign air carriers to provide the service sought if, when the Postal Service seeks offers or proposals from foreign air carriers, it also seeks an offer or proposal to provide that service from any certificated air carrier providing service between those points, or pairs of points within a geographic region or regions, on the same terms and conditions that are being sought from foreign air carriers. (C) Methodology for determining fair and reasonable prices For purposes of this subsection, the Postal Service shall use a methodology for determining fair and reasonable prices for the Postal Service designated region or regions developed in consultation with, and with the concurrence of, certificated air carriers representing at least 51 percent of available ton miles in the markets of interest. (D) Ceiling prices For purposes of this subsection, ceiling prices determined pursuant to the methodology used under subparagraph (C) shall be presumed to be fair and reasonable if they do not exceed the ceiling prices derived from— (i) a weighted average based on market rate data furnished by the International Air Transport Association or a subsidiary unit thereof; or (ii) if such data are not available from those sources, such other neutral, regularly updated set of weighted average market rates as the Postal Service, with the concurrence of certificated air carriers representing at least 51 percent of available ton miles in the markets of interest, may designate. (E) Situations in which concurrence cannot be attained If, for purposes of subparagraph (D)(ii), concurrence cannot be attained, the most recently available market rate data described in this paragraph shall continue to apply for the relevant market or markets. (2) Contract process The Postal Service shall contract for foreign air transportation as set forth in paragraph (1) through an open procurement process that will provide— (A) potential offerors with timely notice of business opportunities in sufficient detail to allow them to make a proposal; (B) requirements, proposed terms and conditions, and evaluation criteria to potential offerors; and (C) an opportunity for unsuccessful offerors to receive prompt feedback upon request. (3) Emergency or unanticipated conditions; inadequate lift space The Postal Service may enter into contracts to transport mail by air in foreign air transportation with a certificated air carrier or a foreign air carrier without complying with the requirements of paragraph (1) or (2) if— (A) emergency or unanticipated conditions exist that make it impractical for the Postal Service to comply with such requirements; or (B) the Postal Service’s demand for lift exceeds the space available to the Postal Service under existing contracts and— (i) there is insufficient time available to seek additional lift using procedures that comply with those requirements without compromising the Postal Service’s service commitments to its own customers; and (ii) the Postal Service first offers any certificated air carrier holding a contract to carry mail between the relevant points the opportunity to carry such excess volumes under the terms of its existing contract. (c) Good-Faith effort required The Postal Service and potential offerors shall put a good-faith effort into resolving disputes concerning the award of contracts made under subsection (b). (d) Special circumstances If the Postal Service determines that service by certificated air carriers or combination of air carriers between any pair or pairs of points in foreign air transportation is not adequate for its purposes, the Postal Service may contract, without advertising for bids, in such manner and under such terms and conditions as the Postal Service may deem appropriate, with any air taxi operator or combination thereof for such air transportation service. Contracts made under this subsection may be renewed at the existing rate by mutual agreement between the holder and the Postal Service. The Postal Service, with the consent of the air taxi operator, may adjust the compensation under such contracts for increased or decreased costs occasioned by changed conditions occurring during the contract term. The Postal Service shall cancel such a contract when the Secretary authorizes an additional certificated carrier or carriers to provide service between any pair or pairs of points covered by the contract, and such carrier or carriers inaugurate schedules adequate for its purposes. (e) Transportation of mail by aircraft in interstate air transportation (1) Determination of rates and contract terms The Postal Service may determine rates and contract with any air carrier for the transportation of mail by aircraft in interstate air transportation either through negotiations or competitive bidding. (2) Mail shipments of live animals (A) In general In the exercise of its authority under paragraph (1), the Postal Service may require any air carrier to accept mail shipments of day-old poultry, honeybees, and such other live animals as postal regulations allow to be transmitted as mail matter. The authority of the Postal Service under this subparagraph shall not apply in the case of any air carrier who commonly and regularly refuses to accept any live animals as cargo. (B) Surcharges Notwithstanding any other provision of law, the Postal Service is authorized to assess, as postage to be paid by the mailers of any shipments covered by subparagraph (A), a reasonable surcharge that the Postal Service determines in its discretion to be adequate to compensate air carriers for any necessary additional expense incurred in handling such shipments. (f) Applicability to points within Alaska The authority of the Secretary and the Postal Service under subsections (b), (c), and (d), as in effect on September 30, 2008, shall also apply, and the authority of the Postal Service under subsection (e) shall not apply, to the transportation of mail by aircraft between any 2 points both of which are within the State of Alaska and between which the air carrier is authorized by the Secretary to engage in the transportation of mail. . (b) Clerical amendment The table of sections for chapter 54 of such title is amended by adding at the end the following: 5404. Contracts for foreign and interstate air transportation. . 4. Reduction of Alaska bypass mail subsidy (a) In general Chapter 54 of title 39, United States Code (as amended by this Act), is further amended by adding at the end the following: 5405. Reduction of Alaska bypass mail subsidy (a) Competitive product classification (1) In general Except as provided in this section, Alaska bypass mail service under section 5402 shall be treated as a separate competitive product for all purposes. (2) Transfer prohibited No part of Alaska bypass mail service may be transferred to the market-dominant category of mail under section 3642. (3) Limitations Alaska bypass mail service shall not be treated as a competitive product for purposes of the implementation of sections 3633(a) and 3634. (b) Minimum cost coverage (1) In general The Postal Service shall establish and maintain rates and fees for matter sent by Alaska bypass mail service— (A) for fiscal year 2015, that cover at least 30 percent of the costs attributable to Alaska bypass mail service in that fiscal year; (B) for fiscal year 2016, that cover at least 34 percent of the costs attributable to Alaska bypass mail service in that fiscal year; (C) for fiscal year 2017, that cover at least 38 percent of the costs attributable to Alaska bypass mail service in that fiscal year; (D) for fiscal year 2018, that cover at least 42 percent of the costs attributable to Alaska bypass mail service in that fiscal year; (E) for fiscal year 2019, that cover at least 46 percent of the costs attributable to Alaska bypass mail service in that fiscal year; and (F) for fiscal year 2020, and for each fiscal year thereafter, that cover at least 50 percent of the costs attributable to Alaska bypass mail service in that fiscal year. (2) Costs attributable The costs attributable to Alaska bypass mail service for a fiscal year shall include all the direct and indirect costs of Alaska bypass mail service during that fiscal year that are attributable to that service through reliably identified causal relationships. (3) Institutional costs Costs that can be attributed to Alaska bypass mail service may not be classified as institutional costs of the Postal Service. (4) Rate increase limitation For fiscal years 2014 through 2020, no rate for any type of Alaska bypass mail service may be increased in a fiscal year by more than the maximum permitted rate increase for market dominant products plus an additional 1 percent. (c) Compliance (1) Annual review At least once each fiscal year, the Postal Regulatory Commission shall determine whether the Postal Service is in compliance with the requirements under subsection (b). (2) Remedial actions If, under paragraph (1), the Postal Regulatory Commission determines that the Postal Service has not complied with the requirements under subsection (b) with respect to a fiscal year, the Commission shall prescribe, not later than 60 days after making such determination, actions to ensure— (A) the establishment and maintenance of rates and fees for Alaska bypass mail service that recover any costs required to have been covered for such fiscal year under subsection (b), but that were not covered, by the date that is not later than the last day of the fiscal year that follows such fiscal year; and (B) compliance with the requirements under subsection (b) in subsequent fiscal years. (3) Limitation The Postal Regulatory Commission may not order the Postal Service to discontinue Alaska bypass mail service. (4) Regulations Not later than 90 days after the date of enactment of this subsection, the Postal Regulatory Commission shall issue regulations to implement this subsection. . (b) Clerical amendment The table of sections for chapter 54 of such title (as amended by this Act) is further amended by adding at the end the following: 5405. Reduction of Alaska bypass mail subsidy. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4174ih/xml/BILLS-113hr4174ih.xml
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113-hr-4175
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I 113th CONGRESS 2d Session H. R. 4175 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 provide for the issuance of a Victory for Veterans stamp, and for other purposes.
1. Short title This Act may be cited as the Victory for Veterans Stamp Act of 2014 . 2. Victory for Veterans stamp (a) In general Title 39, United States Code, is amended by inserting after section 414 the following: 414a. Victory for Veterans stamp (a) In order to provide members of the public an opportunity to honor their veterans by supporting veterans’ employment programs, to reduce the deficit, and to preserve the vital role of the United States Postal Service, the Postal Service shall issue a special stamp (referred to in this section as the Victory for Veterans Stamp ) in accordance with the provisions of this section. (b) The Victory for Veterans Stamp— (1) shall be offered at a cost equal to $1; and (2) shall be valid for purposes of postage for first-class mail. (c) (1) The amounts becoming available from the sale of the Victory for Veterans Stamp shall be used as follows: (A) One-third of such amounts shall be transferred to the Department of Veterans Affairs for purposes of funding vocational rehabilitation programs for veterans under chapter 31 of title 38. (B) One-third of such amounts shall be transferred to the general fund of the Treasury for purposes of deficit reduction. (C) One-third of such amounts shall be used by the Postal Service to satisfy obligations incurred under section 2005. (2) Amounts transferred under this subsection to an agency under paragraph (1)(A) or (1)(B) shall be made under such arrangements as the Postal Service shall by mutual agreement with such agency establish in order to carry out the purposes of this section. (3) For purposes of this section, the term amounts becoming available from the sale of the Victory for Veterans Stamp means— (A) the total amounts received by the Postal Service that it would not have received but for the enactment of this section, reduced by (B) an amount sufficient to cover reasonable costs incurred by the Postal Service in carrying out this section, including those attributable to the printing, sale, and distribution of the Victory for Veterans Stamp under this section, as determined by the Postal Service under regulations that it shall prescribe. (d) Amounts transferred under subsection (c)(1)(A) to the Department of Veterans Affairs shall not be taken into account in any decision relating to the level of appropriations or other Federal funding to be furnished in any year to the Department. (e) The Victory for Veterans Stamp shall be made available to the public beginning on such date as the Postal Service shall by regulation prescribe, but in no event later than 6 months after the date of the enactment of this section. (f) The Postmaster General shall include in each report rendered under section 2402 information concerning the operation of this section. . (b) Conforming amendment The table of sections for title 39, United States Code, is amended by inserting after the item relating to section 414 the following: 414a. Victory for Veterans stamp. .
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113-hr-4176
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I 113th CONGRESS 2d Session H. R. 4176 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Ms. Lofgren (for herself, Ms. Eddie Bernice Johnson of Texas , Ms. Shea-Porter , Ms. Slaughter , Mr. Kennedy , Mr. Lipinski , Mr. Capuano , Mr. Veasey , Mr. Peters of California , Mr. Collins of New York , Mr. Michaud , Ms. Bonamici , Mr. Delaney , Mr. Polis , Mr. Takano , Mr. Grijalva , Mr. Lewis , Mr. Cárdenas , Ms. Esty , and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To establish a position of Science Laureate of the United States.
1. Short title This Act may be cited as the Science Laureates of the United States Act of 2014 . 2. Findings Congress finds the following: (1) Scientific research and advancement has driven success in the United States and global success for centuries. (2) Scientific research has saved, improved, and extended lives, increased the standard of living, expanded economic opportunity, and advanced human understanding. (3) Such research holds the promise of continuing this progress, protecting the environment, creating jobs, growing the economy through innovative ideas and discoveries, and generally advancing all mankind. (4) People in the United States can benefit when scientific research is conducted and communicated in a transparent manner to better inform citizens about the nature and status of such research. (5) Scientific education is a critical element of preparing our Nation and our citizens for a technology-intensive future and ensuring that the United States remains the world leader in innovation and high-tech success. (6) A spokesperson who can embody, demonstrate, and articulate the importance and excitement of scientific research and education will help improve the current and future state of science to the benefit of all people in the United States. 3. Establishment of Science Laureates of the United States (a) Position established Congress recognizes that science contributes to the economic prosperity and general welfare of the United States, and that increasing the public’s awareness about the sciences will increase such benefits. Congress also recognizes that scientists who are both accomplished in their fields and who foster the public’s interest in science do a special service to the United States. To honor their service and to further increase the public’s awareness about the sciences, there is established the position of Science Laureate of the United States. (b) Appointment (1) In General The National Academy of Sciences shall appoint a Science Laureate on the basis of merit, particularly the ability of an individual to— (A) foster and enhance public awareness and interest in science; and (B) provide ongoing significant scientific contributions; and (2) Variety of Scientific Disciplines The National Academy of Sciences shall strive to choose for the position of Science Laureate of the United States individuals, in different years, from different scientific disciplines, including biology, physics, geosciences, astronomy, mathematics, chemistry, and other science disciplines. (c) Duties Each Science Laureate shall engage the public, from time to time, to increase the public’s awareness about science. A Science Laureate is encouraged to continue the Science Laureate's scientific work. The National Academy of Sciences shall facilitate the duties of a Science Laureate. (d) Limitation The Science Laureate position shall not have the effect of duplicating or superseding the role of the President’s Science Advisor. (e) Term Each Science Laureate shall serve a 1-year term. A Science Laureate may be reappointed for additional terms. (f) Compensation; Reimbursement (1) Compensation A Science Laureate shall serve without pay and shall not be considered to be a Federal employee based on such individual's appointment as a Science Laureate. (2) Reimbursement for travel The National Academy of Sciences may in its discretion provide a Science Laureate with reimbursement for travel expenses incurred while performing duties as a Science Laureate, including per diem in lieu of subsistence, in accordance with applicable provisions in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.
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113-hr-4177
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I 113th CONGRESS 2d Session H. R. 4177 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Paulsen introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow Medicare beneficiaries participating in a Medicare Advantage MSA to contribute their own money to their MSA.
1. Medicare beneficiaries participating in Medicare Advantage MSA may contribute their own money to their MSA (a) In general Subsection (b) of section 138 of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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113-hr-4178
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I 113th CONGRESS 2d Session H. R. 4178 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Polis (for himself, Mr. Salmon , Mr. Garcia , and Mr. Amodei ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for reforms to the EB–5 immigrant investor program, and for other purposes.
1. Short title This Act may be cited as the American Entrepreneurship and Investment Act of 2014 . 2. The EB–5 employment-creation immigrant investor program (a) Reforming the EB–5 immigrant investor program Section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ) is amended as follows: (1) Type of investment In subparagraph (A), by inserting or similar entity after including a limited partnership . (2) Targeted employment area In subparagraph (B)— (A) by amending clause (i) to read as follows: (i) In general Not fewer than 5,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial enterprise described in subparagraph (A), which— (I) is investing such capital in a targeted employment area; and (II) will create employment in such targeted employment area. . (B) by amending clause (ii) to read as follows: (ii) Targeted employment area defined In this paragraph, the term targeted employment area means, at the time of investment— (I) a rural area; (II) an area that has experienced high unemployment (of at least 150 percent of the national average rate) within the preceding 12 months; (III) a county that has had a decline in population of 20 percent or more since 1970; (IV) a military installation closed pursuant to a base closure law (as defined in section 101(a)(17) of title 10, United States Code); or (V) an area that is within the boundaries established for purposes of a Federal, State, County, or City economic development incentive program, including areas defined as Enterprise Zones, Renewal Communities and Empowerment Zones. ; (C) in clause (iii), by striking within a metropolitan statistical area or ; and (D) by inserting after clause (iii) the following: (iv) State determinations In a case in which a geographic area is determined under clause (ii) to be a targeted employment area by a delegated State agency, and such a determination has been made using acceptable data sources to include U.S. Census Bureau data (including data from the American Community Survey) and data from the Bureau of Labor Statistics (including data from the Local Area Unemployment Statistics), The Secretary of Homeland Security or her designee shall defer to a State’s designation as conclusive. (v) Effect of prior determination In a case in which an area is determined under clause (ii) to be a targeted employment area, such determination shall remain in effect during the 2-year period beginning on the date of the determination for purposes of an alien seeking a visa reserved under this subparagraph. . (3) Capital In subparagraph (C)— (A) in clause (i)— (i) by striking The Attorney General, in consultation with the Secretary of Labor and the Secretary of State and inserting The Secretary of Commerce, in consultation with the Secretary of Homeland Security and Secretary of Labor ; and (ii) by adding at the end the following: Unless adjusted by the Secretary of Commerce, the amount specified in this clause shall automatically adjust, on January 1, 2016, by the percentage change in the Consumer Price Index for all urban consumers published by the Department of Labor during fiscal year 2015, and on every fifth subsequent January 1 by the cumulative percentage change in the Consumer Price Index during the previous 5 fiscal years, for any petition filed to classify an alien under this paragraph on or after the date of each automatic adjustment. ; (B) in clause (ii), by striking Attorney General and inserting Secretary of Homeland Security ; (C) in clause (iii)(II), by striking Attorney General and inserting Secretary of Homeland Security ; and (D) by adding after clause (iii) the following: (iv) Capital defined For purposes of this paragraph, the term capital does not include any assets acquired, directly or indirectly, by unlawful means . (4) Calculating job creation By amending subparagraph (D) to read as follows: (D) Full-time employment Job creation under this paragraph may consist of employment measured in full-time equivalents, such as intermittent or seasonal employment opportunities and construction jobs. A full-time employment position is not a requirement for indirect job creation. In this paragraph, the term full-time employment means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position. Such employment may be satisfied on a full-time equivalent basis by calculating the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees. Full-time equivalent employment shall be calculated by dividing the part-time hours paid by the standard number of hours for full-time employees. . (5) Permanent authorization of regional center program By adding after subparagraph (D) the following: (E) Employment creation regional centers (i) In general Visas under this paragraph shall be made available to qualified immigrants who participate in a program involving a regional center in the United States, which has been designated by the Secretary of Homeland Security, in consultation with the Secretary of Commerce, on the basis of a general proposal, for the promotion of economic growth, including increased exports, improved regional productivity, job creation, and increased domestic capital investment. A regional center shall have jurisdiction over a specific geographic area, which shall be described in the proposal and consistent with the purpose of concentrating pooled investment in defined economic zones. The establishment of a regional center under this subparagraph may be based on general predictions, contained in the proposal, concerning— (I) the kinds of new commercial enterprises that will receive capital from aliens; (II) the jobs that will be created directly or indirectly as a result of such investments; and (III) other positive economic effects such investments will have. (ii) Methodologies In determining compliance with this subparagraph, and notwithstanding requirements applicable to investors not involving regional centers, the Secretary of Homeland Security, in consultation with the Secretary of Commerce, shall recognize reasonable methodologies for determining the number of jobs created by a designated regional center, including such jobs that are estimated to have been created indirectly through revenues generated from increased exports, improved regional productivity, or increased domestic capital investment resulting from the regional center. (iii) Special procedures (I) Preapproval of new commercial enterprises The Secretary of Homeland Security shall establish a preapproval procedure for commercial enterprises that— (aa) allows a regional center or potential regional center to apply to the Secretary for preapproval of a new commercial enterprise before any alien files a petition for classification under this paragraph by reason of investment in the new commercial enterprise; (bb) in considering an application under subclause (I)— (AA) allows the applicant to address and cure any deficiencies identified by the Secretary in the application prior to final determination on the application; and (BB) requires that the Secretary make final decisions on all issues under this paragraph other than those issues unique to each individual investor in the new commercial enterprise; and (cc) requires that the Secretary eliminate the need for the repeated submission of documentation that is common to multiple petitions for classification under this paragraph through a regional center. (II) Deference to prior rulings Except in the case of material change, fraud, or legal deficiency, the Secretary of Homeland Security shall give deference to, and not revisit, favorable determinations made pertaining to a commercial enterprise during the adjudication of— (aa) petitions filed by immigrants investing in the commercial enterprise under this subparagraph; or (bb) petitions filed by such immigrants under section 216A for removal of conditional basis. (iv) Processing times The Secretary of Homeland Security shall make determinations on a proposal under clause (i) or an application under clause (iii) not later than 180 days after the date on which the proposal or application is filed. In the event that additional information or documentation is requested by the Secretary, the Secretary shall adjudicate the proposal or application not later than 30 days after the receipt of such information or documentation. The filing party shall be notified in writing within 30 days of the date of filing if the filing does not meet the standards for approval. If the filing does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified filing. . (6) Preventing fraud in the regional center program In subparagraph (E) (as added by paragraph (5)), by inserting after clause (iii) the following: (v) Bona fides of regional center principals No person may serve as an owner, director or officer of a regional center, or hold other positions of substantive authority for the operations, management or promotion of a regional center, if the Secretary of Homeland Security determines based on substantial evidence that the person— (I) has been found liable within the previous 5 years for any criminal or civil violation of any law relating to fraud or deceit; (II) has been found liable at any time for any such criminal or civil violation if such violation involved— (aa) a criminal conviction with a term of imprisonment of at least 1 year; or (bb) any law or agency regulation in connection with the purchase or sale of a security; or (III) is engaged in, has ever been engaged in, or seeks to engage in any— (aa) terrorist activity (as defined in clauses (iii) and (iv) of section 212(a)(3)(B)); (bb) activity relating to espionage or sabotage; (cc) illicit trafficking in any controlled substance; (dd) activity related to money laundering (as described in section 1956 or 1957 of title 18, United States Code); (ee) violation of any statute, regulation or Executive order regarding foreign financial transactions or foreign asset control; or (ff) human trafficking or any other human rights offense. The Secretary of Homeland Security shall require such attestations and information (including fingerprints) and shall perform such background checks as the Secretary in the Secretary’s discretion considers appropriate to determine whether a regional center is in compliance with this clause. The Secretary may terminate any regional center from the program under this section if the Secretary determines that the regional center is violation of this clause, the regional center fails to provide such attestations and information requested by the Secretary under this clause, or the regional center or any person described in this clause is engaged in fraud, misrepresentation, criminal misuse, or threats to national security. The Secretary shall provide for procedures for the appeal and review of such a termination, and any determinations pertaining to such termination shall be subject to review under chapter 7 of title 5, United States Code. (vi) Fee for regional center designation In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose— (I) a fee to apply for designation as a regional center under this subparagraph; and (II) a fee for preapproval of a new commercial enterprise as provided under clause (iii)(I). . (7) EB– 5 petitions By adding after subparagraph (E) (as amended by paragraph (6)) the following: (F) EB– 5 petitions (i) Processing times The Secretary of Homeland Security shall adjudicate a petition filed pursuant to this paragraph not later than 180 days after the date on which the petition is filed. In the event that additional information or documentation is requested by the Secretary, the Secretary shall adjudicate the petition not later than 30 days after the receipt of such information or documentation. The filing party shall be notified in writing within 30 days of the date of filing if the filing does not meet the standards for approval. If the filing does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified filing. (ii) Communications with eb–5 petitioners The Secretary of Homeland Security shall establish a means by which a petitioner for status under this paragraph, a petitioner under section 216A for removal of conditional basis, who is the recipient of a request for additional information or documentation, a regional center, or a project developer may, prior to the deadline to respond to that request, communicate directly with U.S. Citizenship and Immigration Services to address concerns underlying the request. (iii) Fraud The Secretary of Homeland Security, in consultation with the Commissioner of the Securities and Exchange Commission, shall develop a strategy to review securities-related materials included in any immigration petition under this paragraph, or a petition under section 216A for removal of conditional basis, when there is evidence of fraud. . (b) Conforming amendment Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 ( 8 U.S.C. 1153 note) is repealed. 3. Conditional permanent resident status for immigrant investors and entrepreneurs (a) Procedure for granting immigrant status Section 204(a)(1)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(H) ) is amended by striking Attorney General and inserting Secretary of Homeland Security . (b) Conditional permanent resident status Section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b ) is amended— (1) by striking Attorney General and Attorney General’s each place such terms appear, except for the reference to the Attorney General in section 216A(d)(2)(C), and inserting Secretary of Homeland Security and Secretary of Homeland Security’s , respectively; (2) by striking the Service each place such term appears and inserting U.S. Citizenship and Immigration Services ; (3) in subsection (b)(1)— (A) in subparagraph (A), by striking investment and inserting investment or engagement ; and (B) by amending subparagraph (B) to read as follows: (B) (i) the requisite investment or engagement was not made or was not sustained throughout the period of the alien’s residence in the United States; or (ii) the alien was otherwise not conforming to the requirements of section 203(b)(5), as applicable; ; (4) in subsection (c)(3)(A), by striking the before such filing ; (5) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking the alien ; and (ii) by amending subparagraph (A) to read as follows: (A) the requisite investment or engagement was made and was sustained throughout the period of the alien’s residence in the United States; and ; and (B) in paragraph (2)(A), by adding at the end the following: A date specified by the applicant (but not later than the fourth anniversary) shall be substituted for the second anniversary in applying the preceding sentence if the applicant demonstrates that the applicant has attempted to follow the applicant’s business model in good faith, provides an explanation for the delay in filing the petition that is based on circumstances outside of the applicant’s control, and demonstrates that such circumstances will be able to be resolved within the specified period. ; (6) by redesignating subsection (f) as subsection (i); (7) by adding after subsection (e) the following: (f) Age determination for children of alien entrepreneurs An immigrant admitted under section 203(d) as a lawful permanent resident on a conditional basis as the child of an alien entrepreneur, whose lawful permanent resident status on a conditional basis is terminated under this section, shall continue to be considered a child of the alien entrepreneur for the purpose of a subsequent immigrant petition by the alien entrepreneur under paragraph (b)(5) if the immigrant remains unmarried and the subsequent petition by the alien entrepreneur is filed within 1 year after the termination of lawful permanent resident status on a conditional basis. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien’s 21st birthday. (g) Consolidated petition If an alien entrepreneur submits a petition under this section, the alien spouse and alien child shall be deemed to have timely submitted such petitions as well. (h) Processing time The Secretary of Homeland Security shall adjudicate a petition filed pursuant to this paragraph not later than 180 days after the date on which the petition is filed. In the event that additional information or documentation is requested by the Secretary, the Secretary shall adjudicate the petition not later than 30 days after the receipt of such information or documentation. The filing party shall be notified in writing within 30 days of the date of filing if the filing does not meet the standards for approval. If the filing does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified filing. ; and (8) in subsection (h) (as redesignated by paragraph (6)), in paragraph (3), by inserting or similar entity before the period. (c) Concurrent filing; adjustment of status Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) is amended— (1) in subsection (k), in the matter preceding paragraph (1), by striking (1), (2), or (3) and inserting (1), (2), (3), or (5) ; and (2) by adding at the end the following: (n) If, at the time a petition is filed under section 204 for classification under section 203(b)(5), approval of the petition would make a visa immediately available to the alien beneficiary, the alien beneficiary’s adjustment application under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition. . (d) Premium processing Section 286(u) of the Immigration and Nationality Act ( 8 U.S.C. 1356(u) ) is amended by adding at the end the following: In the case of a petition filed under section 204(a)(1)(H) for classification under section 203(b)(5), if the petitioner desires a guarantee of a decision on the petition in 60 days or less, the premium processing fee under this subsection shall be set at $5,000 . 4. National interest waivers for entrepreneurs with a proven record of job creation (a) Aliens who are members of the professions holding advanced degrees Section 203(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(1)(B) ) is amended— (1) by striking (B)(i) Subject to clause (ii) and inserting the following: (B) National interest waivers (i) In general Subject to clauses (ii) and (iii) ; (2) in clause (ii)— (A) by striking (ii)(I) The Attorney General and inserting the following: (ii) Physicians working in shortage areas or veteran facilities (I) In general The Secretary of Homeland Security ; (B) in subclause (II), by striking (II) No permanent resident visa and inserting (II) Prohibition .—No permanent resident visa ; (C) in subclause (III), by striking (III) Nothing in this subparagraph and inserting the following: (III) Statutory construction .—Nothing in this subparagraph ; and (D) in subclause (IV), by striking (IV) The requirements of and inserting the following: (IV) Effective date .—The requirements of ; and (3) by inserting after clause (ii) the following: (iii) Entrepreneurs and job creators The Secretary of Homeland Security shall grant a national interest waiver pursuant to clause (i) on behalf of any alien entrepreneur with respect to whom a petition for preference classification has been filed under subparagraph (A) if— (I) the alien has engaged in a new commercial enterprise (including a limited partnership or similar entity) in the United States; and (II) such enterprise has benefitted the United States economy and satisfied the employment creation requirements described in section 204(m). . (b) Skilled workers and professionals; other workers Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) is amended by adding at the end the following: (6) National interest waiver for entrepreneurs and job creators The Secretary of Homeland Security shall waive application of paragraphs (2)(C) and (3)(B) on behalf of any alien entrepreneur with respect to whom a petition for preference classification has been filed under subparagraph (A) if— (A) the alien has engaged in a new commercial enterprise (including a limited partnership or similar entity) in the United States; and (B) such enterprise has benefitted the United States economy and satisfied the employment creation requirements described in section 204(m). . (c) Requirements (1) In general Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended by adding at the end the following: (m) Entrepreneurs and job creators (1) Job creation requirements For purposes of paragraphs (1)(B)(iii) and (6) of section 203(b), a new commercial enterprise shall be deemed to have benefitted the United States economy and satisfied the employment creation requirements of this subsection if the enterprise— (A) has, during the period beginning 4 years prior to the date that a petition for preference classification with respect to the alien has been filed under subparagraph (A), created direct, full-time employment— (i) for not less than 5 United States workers; or (ii) in the case of an enterprise in a Distressed Area Development Zone, for not less than 3 United States workers; and (B) the enterprise has received enough investment or revenue during the period described in subparagraph (A) to support the employment creation requirements described in such subparagraph. (2) Definitions For purposes of this subsection and paragraphs (1)(B)(iii) and (6) of section 203(b): (A) Full-time employment The term full-time employment means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position. Such employment may be satisfied on a full-time equivalent basis by calculating the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees. Full-time equivalent employment shall be calculated by dividing the part-time hours paid by the standard number of hours for full-time employees. (B) Investment or revenue The term investment or revenue does not include any assets acquired, directly or indirectly, by unlawful means. The term investment includes assets provided by the alien entrepreneur and may include assets, including venture capital investments, provided pursuant to an investment agreement with investors who are United States citizens or aliens lawfully admitted to the United States for permanent residence. (C) United states worker The term United States worker means an employee (other than the immigrant or the immigrant’s spouse, sons, or daughters) who— (i) is a citizen or national of the United States; or (ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized to be employed in the United States. (D) Distressed area development zones The term Distressed Area Development Zone means— (i) a low-income geographic area, as such term is defined in section 351 of the Small Business Investment Act of 1958 ( 15 U.S.C. 689 ); or (ii) a city or county in the United States— (I) that has experienced high unemployment (of not less than 150 percent of the national average, as determined by the Secretary of Labor) within the preceding 24 months; or (II) has had a 20 percent or more decrease in population since 1970. (3) Priority date The priority date for any alien who is adjusting status from any nonimmigrant classification described in section 101(a)(15) and who receives a national interest waiver under paragraph (1)(B)(iii) or (6) of section 203(b) shall be the date of the first petition or application for status under section 101(a)(15) filed with respect to that alien. . (2) Conforming amendment Section 204(a)(1)(E) of the Immigration and Nationality Act is amended by inserting or under paragraph (1), (2) or (3) of section 203(b) if such alien is seeking a national interest waiver under paragraph (1)(B)(iii) or (6) of section 203(b) after 203(b)(1)(A) . 5. EB–5 visa reforms (a) Aliens not subject to direct numerical limitation Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (P) Aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section 203(b)(5). . (b) Age determination for children of alien investors Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended by adding at the end the following: (5) Age determination for children of alien investors An alien admitted under subsection (d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection (b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A, shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection (b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien’s 21st birthday. . (c) Enhanced pay scale for certain federal employees administering the EB–5 program The Secretary may establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to administer sections 203(b)(5) and 216A of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) and 1186b). (d) Delegation of certain EB–5 authority (1) In general The Secretary of Homeland Security may delegate to the Secretary of Commerce authority and responsibility for determinations under sections 203(b)(5) and 216A (with respect to alien entrepreneurs) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186a), including determining whether an alien has met employment creation requirements. (2) Regulations The Secretary of Homeland Security and the Secretary of Commerce may each adopt such rules and regulations as are necessary to carry out the delegation authorized under paragraph (1), including regulations governing the eligibility criteria for obtaining benefits pursuant to the amendments made by this section. (3) Use of fees Adjudication fees described in section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) shall remain available until expended to reimburse the Secretary of Commerce for the costs of any determinations made by the Secretary of Commerce under paragraph (1). (e) Concurrent filing of EB–5 petitions and applications for adjustment of status Section 245 ( 8 U.S.C. 1255 ) of the Immigration and Nationality Act is amended— (1) in subsection (k), in the matter preceding paragraph (1), by striking or (3) and inserting (3), or (5) ; and (2) by adding at the end the following: (n) At the time a petition is filed for classification under section 203(b)(5), if the approval of such petition would make a visa immediately available to the alien beneficiary, the alien beneficiary’s application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition. . (f) Technical amendment Section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ), as amended by this Act, is further amended by striking Attorney General each place it appears and inserting Secretary of Homeland Security . 6. Numerical Limitations on individual foreign states (a) Numerical limitation to any single foreign state Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) is amended— (1) in the paragraph heading, by striking and employment-based ; (2) by striking (3), (4), and (5), and inserting (3) and (4), ; (3) by striking subsections (a) and (b) of section 203 and inserting section 203(a) ; (4) by striking 7 and inserting 15 ; and (5) by striking such subsections and inserting such section . (b) Conforming amendments Section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by striking both subsections (a) and (b) of section 203 and inserting section 203(a) ; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling If it is determined that the total number of immigrant visas made available under section 202(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a). . (c) Country-Specific offset Section 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 note) is amended— (1) in subsection (a), by striking subsection (e)) and inserting subsection (d)) ; and (2) by striking subsection (d) and redesignating subsection (e) as subsection (d). (d) Effective date The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. 7. Applicability of Foreign Corrupt Practices Act The Foreign Corrupt Practices Act ( 15 U.S.C. 78a et seq. ) shall apply to any petition under section 203(b)(5). 8. Regulations Not later than 180 days after the effective date of this subtitle, the Secretary of Homeland Security shall make rules to carry out this Act and the amendments made by this Act. 9. Consultation with Secretary of Commerce The Secretary of Homeland Security may consult with the Secretary of Commerce in carrying out this Act and the amendments made by this Act. 10. Effective date This Act and the amendments made by this Act shall take effect beginning on the date that is 6 months after the date of enactment of this Act.
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113-hr-4179
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I 113th CONGRESS 2d Session H. R. 4179 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Polis introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to establish requirements relating to marijuana impaired driving, and for other purposes.
1. Short title This Act may be cited as the Lucid Act . 2. Safety incentives to prevent operation of motor vehicles by intoxicated persons (a) In general Section 163 of title 23, United States Code, is amended by adding at the end the following: (g) Marijuana impaired driving In addition to the other requirements of this section, in the case of a State in which the use of marijuana is legal under the laws of the State with or without medical justification, the State shall be eligible for a grant under subsection (b), and shall be exempt from withholding under subsection (e), for a fiscal year only if the State— (1) has in effect a law that prohibits an individual from driving or being in actual physical control of a motor vehicle while impaired by marijuana as determined using measures established by the State; and (2) enforces that law using training and methods for determining cognitive or physical marijuana impairment. . (b) Applicability The amendment made by subsection (a) shall apply to fiscal years beginning after the date of enactment of this Act. 3. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence (a) In general Section 164(a)(2) of title 23, United States Code, is amended to read as follows: (2) Driving while intoxicated; driving under the influence The terms driving while intoxicated and driving under the influence mean— (A) driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State; and (B) in the case of a State in which the use of marijuana is legal under the laws of the State with or without medical justification, driving or being in actual physical control of a motor vehicle while impaired by marijuana as determined using measures established by the State. . (b) Applicability The amendments made by subsection (a) shall apply to fiscal years beginning after the date of enactment of this Act.
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113-hr-4180
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I 113th CONGRESS 2d Session H. R. 4180 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Ross 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 permit rollovers from health savings accounts to Medicare Advantage MSAs.
1. HSA rollover to Medicare Advantage MSA (a) In general Paragraph (2) of section 138(b) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (A), by adding or at the end of subparagraph (B), and by adding at the end the following new subparagraph: (C) a HSA rollover contribution described in subsection (c)(5), . (b) HSA rollover contribution Subsection (c) of section 138 of such Code is amended by adding at the end the following new paragraph: (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general The requirements of this subparagraph are met in the case of an amount paid or distributed from a health savings account to the account beneficiary to the extent the amount received is paid into a Medicare Advantage MSA of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a health savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a health savings account which was not includible in the individual’s gross income because of the application of section 223(f)(5)(A). . (c) Conforming amendment Subparagraph (A) of section 223(f)(5) of such Code is amended by inserting , a Medicare Advantage MSA (as defined in section 138(b)), before or a health savings account . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-4181
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I 113th CONGRESS 2d Session H. R. 4181 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Rush introduced the following bill; which was referred to the Committee on Appropriations A BILL To appropriate funds for carrying out certain provisions of the Public Health Service Act relating to emergency care and trauma services.
1. Short title This Act may be cited as the Trauma Relief Access for Urgent Medical Assistance of 2014 . 2. Funding for emergency care and trauma services Out of any money in the Treasury not otherwise appropriated, there are hereby appropriated for each of fiscal years 2014 through 2018 the following sums: (1) $24,000,000 for carrying out parts A through C of title XII of the Public Health Service Act (42 U.S.C. 300d et seq.; relating to regional systems for emergency care). (2) $100,000,000 for carrying out part D of title XII of the Public Health Service Act (42 U.S.C. 300d–41 et seq.; relating to trauma care centers). (3) $100,000,000 for carrying out part H of title XII of the Public Health Service Act (42 U.S.C. 300d–81 et seq.; relating to trauma service availability). (4) $20,000,000 for carrying out section 498D of the Public Health Service Act ( 42 U.S.C. 289g–4 ; relating to emergency medicine research). (5) $30,400,000 for carrying out section 1910 of the Public Health Service Act ( 42 U.S.C. 300w–9 ; relating to children’s emergency medical services demonstration grants).
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113-hr-4182
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I 113th CONGRESS 2d Session H. R. 4182 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Smith of Missouri introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide that the Ozark National Scenic Riverways shall be administered in accordance with the general management plan for that unit of the National Park System, and for other purposes.
1. Findings Congress finds as follows: (1) The tourism industry that is driven by the Ozark National Scenic Riverways is the economic backbone of the surrounding area. Promoting tourism and public access to Federal lands goes hand-in-hand. (2) The Ozark National Scenic Riverways should be managed primarily to preserve and protect the historical recreational uses of the river, including canoeing, kayaking, floating, horseback riding, camping, boating, fishing, trapping, hiking, gigging, swimming, hunting, and other recreational activities that have been performed within the park since its creation. 2. Administration of Ozark National Scenic Riverways Public Law 88–492 ( 16 U.S.C. 460m et seq. ) is amended as follows: (1) In section 1, by inserting preservation of historical recreational activities, after caves, . (2) In section 5, by adding at the end the following: (c) Zones Except as provided by subsection (b), the Secretary may not designate management zones in the Ozark National Scenic Riverways, including but not limited to Developed , Resource-based Recreation , Natural , Primitive , Mixed-use River , Seasonal Mixed-Use River , and Nonmotorized River zones. (d) Horseback riding The Secretary shall manage the Ozark National Scenic Riverways in a manner that allows the public to engage in recreational horseback riding in areas of the park traditionally used for that purpose. (e) Access to the river The Secretary shall manage the Ozark National Scenic Riverways in a manner that— (1) allows maximum public access points to the riverways within the park for traditional recreational activities such as fishing, canoeing, kayaking, boating, swimming, gigging, and floating; (2) does not require a permit for a river baptism; (3) does not include the Ozark National Scenic Riverways as part of a National Blueway, or other similar program, as described in Secretarial Order No. 3321 issued by the Secretary of the Interior on May 24, 2012, with respect to the establishment of a National Blueways System; and (4) does not manage lands within the Ozark National Scenic Riverways as though they were specifically designated as wilderness by Federal law absent such a designation. (f) Use of motorized vessels The Secretary— (1) shall manage the Ozark National Scenic Riverways to allow the use of motorized vessels in a manner that is not more restrictive than the use restrictions in effect on November 21, 2013; and (2) may manage the Ozark National Scenic Riverways to allow the use of motorized vessels in a manner that is less restrictive than the use restrictions in effect on November 21, 2013. (g) Congressional wilderness designation No area contained within the Ozark National Scenic Riverways shall be eligible for congressional wilderness designation under the Wilderness Act of 1964 (Public Law 88–577). . (3) By amending section 6 to read as follows: 6. Administration The Secretary— (1) shall manage the Ozark National Scenic Riverways in a manner that is not more restrictive than the provisions of the general management plan for the Ozark National Scenic Riverways in effect on November 21, 2013, to the extent that those provisions are consistent with the Act and other applicable Federal law; and (2) may manage The Ozark National Scenic Riverways in a manner that is less restrictive than the provisions of the general management plan for the Ozark National Scenic Riverways in effect on November 21, 2013, to the extent that those provisions are consistent with the Act and other applicable Federal law. .
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113-hr-4183
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I 113th CONGRESS 2d Session H. R. 4183 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Tierney introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to empower the States to set the maximum annual percentage rates applicable to consumer credit transactions, and for other purposes.
1. Short title This Act may be cited as the Empowering States’ Rights To Protect Consumers Act of 2014 . 2. Limits on annual percentage rates Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by adding at the end the following: 140B. Limits on Annual Percentage Rates Notwithstanding any other provision of law, the annual percentage rate applicable to any consumer credit transaction (other than a residential mortgage transaction), including any fees associated with such a transaction, may not exceed the maximum rate permitted by the laws of the State in which the consumer resides. .
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113-hr-4184
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I 113th CONGRESS 2d Session H. R. 4184 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Ms. Titus (for herself, Mr. Cook , Ms. Jackson Lee , Mr. Johnson of Ohio , Mr. Honda , Mr. O’Rourke , Ms. Brownley of California , Mr. Meeks , Mrs. Kirkpatrick , Mr. Bentivolio , and Mr. McNerney ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to clarify the manner in which an advance payment of initial educational assistance paid by the Secretary of Veterans Affairs is charged against the entitlement of a veteran to such assistance.
1. Clarification of advance payment of initial educational assistance or subsistence allowance (a) Clarification Section 3680(d)(2) of title 38, United States Code, is amended by inserting after the third sentence the following new sentence: For purposes of the entitlement to educational assistance of the veteran or person receiving an advance payment under this subsection, the advance payment shall be charged against the final month of the entitlement of the person or veteran and, if necessary, the penultimate such month. In no event may any veteran or person receive more than one advance payment under this subsection during any academic year. . (b) Effective date The amendment made by subsection (a) shall apply with respect to an advance payment of educational assistance made after the date that is 90 days after the date of the enactment of this Act.
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113-hr-4185
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I 113th CONGRESS 2d Session H. R. 4185 IN THE HOUSE OF REPRESENTATIVES March 10, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To revise certain authorities of the District of Columbia courts, the Court Services and Offender Supervision Agency for the District of Columbia, and the Public Defender Service for the District of Columbia, and for other purposes.
1. Short title This Act may be cited as the District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2014 . 2. Authorities of District of Columbia Courts (a) Authorization To Collect Debts and Erroneous Payments From Employees (1) In general Chapter 17 of title 11, District of Columbia Official Code, is amended by adding at the end of subchapter II the following new section: 11–1733. Collection, compromise, and waiver of employee debts and erroneous payments (a) Collection of Debts and Erroneous Payments Made to Employees (1) Authority to collect If the Executive Officer determines that an employee or former employee of the District of Columbia Courts is indebted to the District of Columbia Courts because of an erroneous payment made to or on behalf of the employee, or any other debt, the Executive Officer may collect the amount of the indebtedness in accordance with this subsection. (2) Timing of collection Any debt authorized to be collected under this subsection may be collected in monthly installments or at officially established regular pay period intervals, by deduction in reasonable amounts from the current pay of the employee. (3) Source of deductions Deductions described in paragraph (2) may be made from any wages, salary, compensation, remuneration for services, or other authorized pay, including but not limited to incentive pay, back pay, and lump sum leave payments, but not including retirement pay. (4) Limit on amount The amount deducted with respect to an employee for any period may not exceed 20 percent of the employee’s disposable pay, except that a greater percentage may be deducted upon consent of the employee involved. (5) Collections after employment If an employee's employment ends before collection of the amount of the employee’s indebtedness is completed, deductions may be made from later non-periodic government payments of any nature due the former employee, except retirement pay, and such deductions may be made without regard to the limit under paragraph (4). (b) Notice and Hearing Required (1) In general Except as provided in paragraph (3), prior to initiating any proceedings under subsection (a) to collect any indebtedness of an individual, the Executive Officer shall provide the individual with— (A) a minimum of 30 days written notice, informing such individual of the nature and amount of the indebtedness determined by the District of Columbia Courts to be due, the intention of the Courts to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this section; (B) an opportunity to inspect and copy Court records relating to the debt; (C) an opportunity to enter into a written agreement with the Courts, under terms agreeable to the Executive Officer, to establish a schedule for the repayment of the debt; and (D) an opportunity for a hearing in accordance with paragraph (2) on the determination of the Courts concerning the existence or the amount of the debt, and in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to subparagraph (C), concerning the terms of the repayment schedule. (2) Procedures for hearings (A) Availability of hearing upon request A hearing under this paragraph shall be provided if the individual, on or before the fifteenth day following receipt of the notice described in paragraph (1)(A), and in accordance with such procedures as the Executive Officer may prescribe, files a petition requesting such a hearing. (B) Basis for hearing Unless the hearing officer determines that the existence or the amount of the debt turns on an issue of credibility or veracity or cannot be resolved by a review of the documentary evidence, the hearing shall be on the written submissions. (C) Stay of collection proceedings The timely filing of a petition for hearing shall stay the commencement of collection proceedings. (D) Independent officer A hearing under this paragraph shall be conducted by an independent hearing officer appointed in accordance with regulations promulgated under subsection (e). (E) Deadline for decision The hearing officer shall issue a final decision regarding the questions covered by the hearing at the earliest practicable date, but not later than 60 days after the hearing. (3) Exception Paragraphs (1) and (2) shall not apply to routine intra-Courts adjustments of pay that are attributable to clerical or administrative errors or delays in processing pay documents that have occurred within the 4 pay periods preceding the adjustment and to any adjustment that amounts to $50 or less, if at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment. (c) Compromise (1) Authority to compromise claims The Executive Officer may— (A) compromise a claim to collect an indebtedness under this section if the amount involved is not more than $100,000; and (B) suspend or end collection action on such a claim if it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or if the cost of collecting the claim is likely to be more than the amount recovered. (2) Effect of compromise A compromise under this subsection is final and conclusive unless gotten by fraud, misrepresentation, presenting a false claim, or mutual mistake of fact. (3) No liability of official responsible for compromise An accountable official is not liable for an amount paid or for the value of property lost or damaged if the amount or value is not recovered because of a compromise under this subsection. (d) Waiver of Claim (1) Authority to waive claims Upon application from a person liable on a claim to collect an indebtedness under this section, the Executive Officer may, with written justification, waive the claim if collection would be— (A) against equity; (B) against good conscience; and (C) not in the best interests of the Courts. (2) Limitations on authority The Executive Officer may not exercise the authority under this subsection to waive a claim if— (A) in the Executive Officer’s opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee, former employee, or any other person having an interest in obtaining a waiver of the claim; or (B) the application for waiver is received in the Executive Officer’s office after the expiration of 3 years immediately following the date on which the erroneous payment was discovered or 3 years after the date of the enactment of this section, whichever is later, except if the claim involves money owed for Federal health benefits, Federal life insurance, or Federal retirement benefits. (3) Denial of application for waiver A decision by the Executive Officer to deny an application for a waiver under this subsection shall be the final administrative decision of the District government. (4) Refund of amounts already collected against claim subsequently waived If the Courts have been reimbursed for a claim under this section in whole or in part, and a waiver of the claim is then granted, the employee or former employee shall be entitled to a refund of the amount of the reimbursement upon application for that refund, so long as the application is received not later than 2 years after the effective date of the waiver. (5) Effect on accounts of Courts In the audit and settlement of accounts of any accountable official, full credit shall be given for any amounts with respect to which collection by the Courts is waived under this subsection. (6) Validity of payments An erroneous payment or debt, the collection of which is waived under this subsection, is a valid payment for all purposes. (7) No effect on other authorities Nothing contained in this subsection shall be construed to affect in any way the authority under any other statute to litigate, settle, compromise, or waive any claim of the District of Columbia. (e) Regulations The Executive Officer’s authority under this section shall be subject to regulations promulgated by the Joint Committee on Judicial Administration. . (2) Clerical amendment The table of contents of chapter 17 of title 11, District of Columbia Official Code, is amended by adding at the end of the items relating to subchapter II the following new item: 11–1733. Collection, compromise, and waiver of employee debts and erroneous payments. . (3) Effective date The amendments made by this subsection shall apply with respect to erroneous payments made and debts incurred before, on, or after the date of the enactment of this Act. (b) Authorization To Purchase Uniforms for Personnel Section 11–1742(b), District of Columbia Official Code, is amended by adding at the end the following new sentence: Under the authority of the previous sentence, the Executive Officer may purchase uniforms to be worn by nonjudicial employees of the District of Columbia Courts whose responsibilities warrant the wearing of uniforms, so long as the cost of furnishing a uniform to an employee during a year does not exceed the amount applicable for the year under section 5901(a)(1) of title 5, United States Code (relating to the uniform allowance for employees of the Government of the United States). . 3. Authorities of Court Services and Offender Supervision Agency (a) Authority To Develop and Operate Incentive Programs for Sentenced Offenders Section 11233(b)(2)(F) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24–133(b)(2)(F), D.C. Official Code) is amended by striking sanctions and inserting sanction and incentive . (b) Permanent Authority To Accept Gifts Section 11233(b)(3)(A) of such Act (sec. 24–133(b)(3)(A), D.C. Official Code) is amended to read as follows: (A) Authority to accept gifts The Director may accept, solicit, and use on behalf of the Agency any monetary or nonmonetary gift, donation, bequest, or use of facilities, property, or services for the purpose of aiding or facilitating the work of the Agency. . (c) Permanent Authority To Accept and Use Reimbursements From District Government Section 11233(b)(4) of such Act (sec. 24–133(b)(4)) is amended by striking During fiscal years 2006 through 2008, the Director and inserting The Director . 4. Authorities of Public Defender Service (a) Acceptance and Use of Services of Volunteers Section 307(b) of such Act (sec. 2–1607(b), D.C. Official Code) is amended by striking the Service may accept public grants and private contributions made to assist it and inserting the Service may accept and use public grants, private contributions, and voluntary and uncompensated (gratuitous) services to assist it . (b) Treatment of Members of Board of Trustees as Employees of Service for Purposes of Liability (1) In general Section 303(d) of such Act (sec. 2–1603(d), D.C. Official Code) is amended by striking employees of the District of Columbia and inserting employees of the Service . (2) Effective date The amendment made by paragraph (1) shall take effect as if included in the enactment of the District of Columbia Courts and Justice Technical Corrections Act of 1998 ( Public Law 105–274 ).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4185ih/xml/BILLS-113hr4185ih.xml
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113-hr-4186
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I 113th CONGRESS 2d Session H. R. 4186 IN THE HOUSE OF REPRESENTATIVES March 10, 2014 Mr. Bucshon (for himself and Mr. Smith of Texas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committee on Small Business , 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 investment in innovation through scientific research and development, to improve the competitiveness of the United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Frontiers in Innovation, Research, Science, and Technology Act of 2014 or the 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. Definitions. Title I—National Science Foundation Sec. 101. Authorization of appropriations. Sec. 102. Findings. Sec. 103. Policy objectives. Sec. 104. Definitions. Sec. 105. Accountability and transparency. Sec. 106. Greater accountability in Federal funding for research. Sec. 107. Obligation of major research equipment and facilities construction funds. Sec. 108. Graduate student support. Sec. 109. Permissible support. Sec. 110. Expanding STEM opportunities. Sec. 111. Prohibition. Sec. 112. Review of education programs. Sec. 113. Recompetition of awards. Sec. 114. Sense of the Congress regarding industry investment in STEM education. Sec. 115. Misrepresentation of research results. Sec. 116. Citations supporting research grant applications. Sec. 117. Research grant conditions. Sec. 118. Computing resources study. Sec. 119. Scientific breakthrough prizes. Sec. 120. Rotating personnel. Sec. 121. Report of the NSB Task Force on Administrative Burden. Sec. 122. Sense of Congress regarding Innovation Corps. Sec. 123. United States-Israeli cooperation. Sec. 124. Sense of Congress regarding agricultural and drug interdisciplinary research. Sec. 125. Brain Research through Advancing Innovative Neurotechnologies Initiative. Title II—Science, Technology, Engineering, and Mathematics Sec. 201. Findings; sense of Congress. Sec. 202. STEM Education Advisory Panel. Sec. 203. Committee on STEM education. Sec. 204. STEM Education Coordinating Office. Title III—Office of Science and Technology Policy Sec. 301. Authorization of appropriations. Sec. 302. Regulatory efficiency. Sec. 303. Public access to research articles and data. Sec. 304. Strategic plan for advanced manufacturing research and development. Sec. 305. Coordination of international science and technology partnerships. Sec. 306. Alternative research funding models. Sec. 307. Amendments to prize competitions. Title IV—Innovation and Technology Transfer Subtitle A—NIST reauthorization Sec. 401. Authorization of appropriations. Sec. 402. Standards and conformity assessment and other transaction authority. Sec. 403. Visiting Committee on Advanced Technology. Sec. 404. Police and security authority. Sec. 405. International activities. Sec. 406. Education and outreach. Sec. 407. Programmatic planning report. Sec. 408. Assessments by the National Research Council. Sec. 409. Hollings Manufacturing Extension Partnership. Sec. 410. Elimination of obsolete reports. Sec. 411. Modifications to grants and cooperative agreements. Subtitle B—Innovative approaches to technology transfer Sec. 421. Innovative approaches to technology transfer. Title V—Networking and Information Technology Research and Development Sec. 501. Short title. Sec. 502. Program planning and coordination. Sec. 503. Large-scale research in areas of national importance. Sec. 504. Cyber-physical systems. Sec. 505. Cloud computing services for research. Sec. 506. National Coordination Office. Sec. 507. Improving networking and information technology education. Sec. 508. Conforming and technical amendments. 2. Definitions In this Act— (1) the term STEM means the subjects of science, technology, engineering, and mathematics; and (2) the term STEM education means education in the subjects of STEM, including other academic subjects that build on these disciplines such as computer science and other academic subjects that a State identifies as important to the workforce of the State. I National Science Foundation 101. Authorization of appropriations (a) Fiscal year 2014 (1) In general There are authorized to be appropriated to the Foundation $7,171,918,000 for fiscal year 2014. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $5,808,918,000 shall be made available to carry out research and related activities, including— (i) $742,930,000 for the Biological Science Directorate; (ii) $940,638,000 for the Computer and Information Science and Engineering Directorate; (iii) $890,170,000 for the Engineering Directorate; (iv) $1,265,840,000 for the Geosciences Directorate; (v) $1,367,940,000 for the Mathematical and Physical Science Directorate; (vi) $150,000,000 for the Social, Behavioral, and Economics Directorate; (vii) $400,000,000 for the International and Integrative Activities Directorate; and (viii) $1,400,000 for the United States Arctic Commission; (B) $846,500,000 shall be made available for education and human resources; (C) $200,000,000 shall be made available for major research equipment and facilities construction; (D) $298,000,000 shall be made available for agency operations and award management; (E) $4,300,000 shall be made available for the Office of the National Science Board; and (F) $14,200,000 shall be made available for the Office of Inspector General. (b) Fiscal year 2015 (1) In general There are authorized to be appropriated to the Foundation $7,279,496,770 for fiscal year 2015. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $5,900,496,770 shall be made available to carry out research and related activities, including— (i) $760,030,000 for the Biological Science Directorate; (ii) $963,186,770 for the Computer and Information Science and Engineering Directorate; (iii) $910,640,000 for the Engineering Directorate; (iv) $1,265,840,000 for the Geosciences Directorate; (v) $1,399,400,000 for the Mathematical and Physical Science Directorate; (vi) $150,000,000 for the Social, Behavioral, and Economics Directorate; (vii) $400,000,000 for the International and Integrative Activities Directorate; and (viii) $1,400,000 for the United States Arctic Commission; (B) $858,500,000 shall be made available for education and human resources; (C) $203,000,000 shall be made available for major research equipment and facilities construction; (D) $298,000,000 shall be made available for agency operations and award management; (E) $4,300,000 shall be made available for the Office of the National Science Board; and (F) $15,200,000 shall be made available for the Office of Inspector General. 102. Findings Congress finds the following: (1) Taxpayer-supported research investments administered by the Foundation should serve the national interest. (2) The Foundation has made major contributions for more than 50 years to strengthen and sustain the Nation’s academic research enterprise. (3) The economic strength and national security of the United States, and the quality of life of all Americans, are grounded in the Nation’s scientific and technological capabilities. (4) Providing support for basic research is an investment in our Nation’s future security and economic prosperity. (5) Congress applauds the Foundation’s recognition that wise stewardship of taxpayer dollars is necessary to maintain and ensure the public’s trust for funding of fundamental scientific and engineering research. (6) Other nations are increasing their public investments in basic research in the physical sciences in order to boost long-term economic growth. (7) Longstanding United States leadership in supercomputing, genomics, nanoscience, photonics, quantum physics, and other key technological areas is jeopardized if United States investments in basic research in the natural sciences do not keep pace. (8) Redundant regulations and reporting requirements imposed by Federal agencies on research institutions and researchers increase costs by tens of millions of dollars annually. (9) The Foundation carries out important functions by supporting basic research in all science and engineering disciplines and in supporting science, mathematics, engineering, and technology education at all levels. (10) The research and education activities of the Foundation promote the discovery, integration, dissemination, and application of new knowledge in service to society and prepare future generations of scientists, mathematicians, and engineers who will be necessary to ensure America’s leadership in the global marketplace. (11) The Foundation should meet the highest standards of efficiency, transparency, and accountability in its stewardship of public funds. (12) The Foundation is charged with the responsibilities— (A) to develop and encourage the pursuit of a national policy for the promotion of basic research and education in the sciences; (B) to initiate, support, and conduct basic scientific research and to appraise the impact of research on industrial development and the general welfare; (C) to initiate, support, and conduct scientific research activities in connection with matters relating to the national defense, at the request of the Secretary of Defense; (D) to award scholarships and graduate fellowships in the sciences; (E) to foster the interchange of scientific information among scientists and across scientific disciplines; (F) to evaluate scientific research programs undertaken by agencies of the Federal Government, and to correlate the Foundation’s scientific research with that undertaken by individuals and by public and private research groups; (G) to communicate effectively to American citizens the relevance of public investments in scientific discovery and technological innovation to the Nation’s security, prosperity, and welfare; and (H) to establish such special commissions as the Board considers necessary. (13) The emerging global economic, scientific, and technical environment challenges long standing assumptions about domestic and international policy, requiring the Foundation to play a more proactive role in sustaining the competitive advantage of the United States through superior research capabilities. (14) Commercial application of the results of Federal investment in basic and computing science is consistent with longstanding United States technology transfer policy for cybersecurity and other homeland security applications, because of the urgent needs of commercial, academic, and individual users, as well as the Federal and State governments. 103. Policy objectives In allocating resources made available under this title, the Foundation shall have the following policy objectives: (1) To renew and maintain the Nation’s international leadership in science and technology by— (A) increasing the national investment in general scientific research and increasing interdisciplinary investment in strategic areas vital to the national interest; (B) balancing the Nation’s research portfolio among the life sciences, mathematics, the physical sciences, computer and information science, geosciences, engineering, and social, behavioral, and economic sciences, all of which are important for the continued development of enabling technologies necessary for sustained economic competitiveness; (C) encouraging investments in potentially transformative scientific research to benefit our Nation and its citizens; (D) expanding the pool of scientists and engineers in the United States, including among segments of the population that have been historically underrepresented in STEM fields; and (E) modernizing the Nation’s research infrastructure and establishing and maintaining cooperative international relationships with premier research institutions. (2) To increase overall workforce skills by— (A) improving the quality of STEM education and tools provided both inside and outside of the classroom, particularly in kindergarten through grade 12; and (B) expanding STEM training opportunities at institutions of higher education. (3) To strengthen innovation by expanding the focus of competitiveness and innovation at the regional and local level. 104. Definitions In this title: (1) Board The term Board means the National Science Board. (2) Director The term Director means the Director of the Foundation. (3) Foundation The term Foundation means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 ). (4) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) State The term State means one of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States. (6) United states The term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. 105. Accountability and transparency It is the sense of Congress that— (1) sustained, predictable Federal funding is essential to United States leadership in science and technology; (2) building understanding of and confidence in investments in basic research are essential to public support for sustained, predictable Federal funding; and (3) the Foundation should commit itself fully to transparency and accountability and to clear, consistent public communication regarding the national interest for each Foundation-awarded grant and cooperative agreement. 106. Greater accountability in Federal funding for research (a) Standard for award of grants The Foundation shall award Federal funding for basic research and education in the sciences through a new research grant or cooperative agreement only if an affirmative determination is made by the Foundation under subsection (b) and written justification relating thereto is published under subsection (c). (b) Determination A determination referred to in subsection (a) is a determination by the responsible Foundation official as to why the research grant or cooperative agreement— (1) is worthy of Federal funding; and (2) is in the national interest, as indicated by having the potential to achieve— (A) increased economic competitiveness in the United States; (B) advancement of the health and welfare of the American public; (C) development of a STEM workforce and increased public scientific literacy in the United States; (D) increased partnerships between academia and industry in the United States; (E) support for the national defense of the United States; or (F) promotion of the progress of science in the United States. (c) Written justification Public announcement of each award of Federal funding described in subsection (a) shall include a written justification from the responsible Foundation official that a grant or cooperative agreement meets the requirements of subsection (b). (d) Implementation A determination under subsection (b) shall be made after a research grant or cooperative agreement proposal has satisfied the Foundation’s reviews for Merit and Broader Impacts. Nothing in this section shall be construed as altering the Foundation’s intellectual merit or broader impacts criteria for evaluating grant applications. (e) Policy Not later than 6 months after the date of enactment of this Act, the Board shall develop and the Director shall implement a policy for carrying out subsections (a), (b), and (c) that provides for educating professional staff at the Foundation and applicants for Foundation research grants on the policies developed. (f) National science board report Not later than 6 months after the date of enactment of this Act, the Board shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate describing plans for implementing subsections (a), (b), (c), and (d). (g) Annual report (1) In general The Director shall ensure that this section is properly applied by transmitting an annual report to the Board and to the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate. (2) National Science Board review Not later than 30 days after the transmission of an annual report under this subsection, the Board shall transmit in writing its review of the findings of the Director’s report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 107. Obligation of major research equipment and facilities construction funds No funds may be obligated for a fiscal year for a construction project for the Foundation that has not commenced before the date of enactment of this Act until 30 days after the report required with respect to each such fiscal year under section 14(a)(2) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–4(a)(2)) is transmitted to the Congress. 108. Graduate student support Section 510(b) of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 1869 note) is amended to read as follows: (b) Equal treatment of IGERT and GRF (1) Rate of funding increases For any fiscal year, the Director may only increase funding for the Foundation’s Graduate Research Fellowship program (or any successor thereto) over the previous fiscal year’s funding level at the same rate as a corresponding funding increase for the Foundation’s Integrative Graduate Education and Research Traineeship program (or any successor thereto). (2) Essential elements of IGERT The essential elements of the Foundation’s Integrative Graduate Education and Research Traineeship program (or any successor thereto) shall be maintained, including— (A) collaborative research that transcends traditional disciplinary boundaries to solve large and complex research problems of significant scientific and societal importance; and (B) providing students the opportunity to become leaders in the science and engineering of the future. . 109. Permissible support A grant made by the Education and Human Resources Directorate to support informal education may be used— (1) to support the participation of students in nonprofit competitions, out-of-school activities, and field experiences related to STEM subjects (such as robotics, science research, invention, mathematics, and technology competitions), including— (A) the purchase of parts and supplies needed to participate in such competitions; and (B) incentives and stipends for teachers and instructional leaders who are involved in assisting students and preparing students for such competitions, if such activities fall outside the regular duties and responsibilities of such teachers and instructional leaders; and (2) to broaden secondary school students' access to, and interest in, careers that require academic preparation in STEM subjects. 110. Expanding STEM opportunities (a) In general Within the Directorate for Education and Human Resources (or any successor thereto), under existing programs targeting broadening participation such as, but not limited to, Innovative Technology Experiences for Students and Teachers, Advancing Informal STEM Learning, and ADVANCE, the Director shall provide grants on a merit-reviewed, competitive basis for research on programming that engages underrepresented students in grades kindergarten through 8 in STEM in order to prepare these students to pursue undergraduate and graduate degrees or careers in STEM. (b) Use of funds (1) In general Grants awarded under this section shall be used toward research to advance the engagement of underrepresented students grades kindergarten through 8 in STEM through providing before-school, after-school, out-of-school, or summer activities, including programs (if applicable to the target population) provided in a single-gender environment, that are designed to encourage interest, engagement, and skills development of underrepresented students in STEM. Such research shall be conducted in learning environments that actively provide programming to underrepresented students in grades kindergarten through 8 in STEM. (2) Permitted activities Such activities may include— (A) the provision of programming described in subsection (a) for the purpose of research; (B) the use of a variety of engagement methods, including cooperative and hands-on learning; (C) exposure of underrepresented youth to role models in the fields of STEM and near-peer mentors; (D) training of informal learning educators and youth-serving professionals using evidence-based methods consistent with the target student population being served; (E) education of students on the relevance and significance of STEM careers, provision of academic advice and assistance, and activities designed to help students make real-world connections to STEM content activities; (F) the attendance of underrepresented youth at events, competitions, and academic programs to provide content expertise and encourage career exposure in STEM; (G) activities designed to engage parents of underrepresented youth; (H) innovative strategies to engage underrepresented youth, such as using leadership skill outcome measures to encourage youth with the confidence to pursue STEM coursework and academic study; (I) coordination with STEM-rich environments, including other nonprofit, nongovernmental organizations, classroom and out-of-classroom settings, institutions of higher education, vocational facilities, corporations, museums, or science centers; and (J) the acquisition of instructional materials or technology-based tools to conduct applicable grant activity. (c) Application An applicant seeking funding under the section shall submit an application at such time, in such manner, and containing such information as may be required. The application shall include, at a minimum, the following: (1) A description of the target audience to be served by the program, including an explanation and justification for why the target group ought to be considered as underrepresented students in one or more of the STEM fields. (2) A description of the process for recruitment and selection of students. (3) A description of how such research activity may inform programming that engages underrepresented students in grades kindergarten through 8 in STEM. (4) A description of how such research activity may inform programming that promotes student academic achievement in STEM. (5) An evaluation plan that includes, at a minimum, the use of outcome-oriented measures to determine the impact and efficacy of programming being researched. (d) Awards In awarding grants under this section, the Director shall give priority to applicants which, for the purpose of grant activity, include or partner with a nonprofit, nongovernmental organization that has extensive experience and expertise in increasing the participation of underrepresented students in STEM. (e) Evaluations Each applicant that receives funds under this section shall provide, at the conclusion of every year during which the funds are received, an evaluation in a form prescribed by the Director. This evaluation shall include both formative and summative evaluation. (f) Accountability and dissemination (1) Evaluation required Not later than 3 years after the date of enactment of this Act, the Director shall evaluate the program established under this section. In addition to evaluating the effectiveness of the program, such evaluation shall— (A) use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research; and (B) to the extent practicable, combine the research resulting from the grant activity with the current research on serving underrepresented students in grades kindergarten through 8. (2) Report on evaluations Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes— (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the program. (g) Coordination In carrying out this section, the Director shall consult, cooperate, and coordinate, to enhance program effectiveness and to avoid duplication, with the programs and policies of other relevant Federal agencies. 111. Prohibition The Foundation may not implement any STEM education program and activity changes proposed for the Foundation in the budget for fiscal year 2014 transmitted to Congress under section 1105(a) of title 31, United States Code. 112. Review of education programs (a) In general The Director shall review the education programs of the Foundation that are in operation as of the date of enactment of this Act to determine— (1) whether any of such programs duplicate target groups, services provided, fields of focus, or objectives; and (2) how those programs are being evaluated and assessed for outcome-oriented effectiveness. (b) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter as part of the annual budget submission to Congress, the Director shall complete a report on the review carried out under this section and shall submit the report to the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives, and to the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate. 113. Recompetition of awards (a) Findings The Congress finds that— (1) the merit-reviewed competition of grant and award proposals is a hallmark of the Foundation grant and award making process; (2) the majority of Foundation-funded multiuser facilities have transitioned to five-year cooperative agreements, and every five years the program officer responsible for the facility makes a recommendation to the National Science Board as to the renewal, recompetition, or termination of support for the facility; and (3) requiring the recompetition of expiring awards is based on the conviction that competition is most likely to ensure the effective stewardship of Foundation funds for supporting research and education. (b) Recompetition The Director shall ensure that the system for recompetition of Maintenance and Operations of facilities, equipment and instrumentation is fair, consistent, and transparent and is applied in a manner that renews grants and awards in a timely manner. The Director shall periodically evaluate whether the criteria of the system are being applied in a manner that is transparent, reliable, and valid. 114. Sense of the Congress regarding industry investment in STEM education It is the sense of Congress that— (1) in order to bolster the STEM workforce pipeline, many industry sectors are becoming involved in K–12 initiatives and supporting undergraduate and graduate work in STEM subject areas and fields; (2) partnerships with education providers, STEM focused competitions, and other opportunities have become important aspects of private sector efforts to strengthen the STEM workforce; (3) understanding the work that private sector organizations are undertaking in STEM fields should inform the Federal Government’s role in STEM education; and (4) successful private sector STEM initiatives, as reflected by measurements of relevant outcomes, should be encouraged and supported by the Foundation. 115. Misrepresentation of research results (a) Certification As a condition of receiving a research grant from the Foundation, a principal investigator shall sign a statement certifying that the findings and conclusions of any article authored by such principal investigator, using the results of the research conducted under the grant, that is published in a peer-reviewed publication, otherwise made publicly available, or incorporated in an application for a research grant or grant extension from the Foundation, will contain no falsification or fabrication and will be free of any plagiarism. (b) Investigation The Inspector General of the Foundation shall investigate suspected violations of a certification signed under subsection (a), and shall submit to the Director the results of such investigation, along with a recommendation with respect to whether a violation has occurred. (c) Determination Based on the results of the investigation conducted under subsection (b), the Director shall make a determination of whether the principal investigator knowingly violated a certification signed pursuant to subsection (a). (d) 10-Year ban If the Director determines under subsection (c) that a principal investigator knowingly violated a certification signed pursuant to subsection (a), the Foundation shall not, for a period determined by the Director of no less than 5 years and no more than 10 years, provide a research grant or research extension to such principal investigator, except as provided in subsection (f). (e) Notification Not later than 7 days after making a determination under subsection (c), the Director shall notify the principal investigator of such determination in writing. (f) Appeal The Director shall establish a process by which a principal investigator may, within 30 days after receipt of a notification under subsection (e), appeal a determination made under subsection (c) and a ban under subsection (d). If the Director concludes that the determination under subsection (c) was not correct, the Director may reduce or eliminate the period of the ban under subsection (d) based on information provided in the appeal process under this subsection. A ban may not be reduced under this subsection to a period less than 5 years, unless it is eliminated. (g) Publication The Director shall not make publicly available any determination made under subsection (c) that a knowing violation has occurred until after the later of the expiration of the 30-day period described in subsection (f) or the end of an appeal process under subsection (f). At such time, the Director shall make publicly available any such determination, which shall include the name of the principal investigator. 116. Citations supporting research grant applications The portion of a peer-reviewed research grant application to the Foundation supporting the credentials of the principal investigator may not include more than 5 citations to articles published by the principal investigator in a peer-reviewed publication. The Foundation may not consider more than 5 citations to such articles in determining whether to award such a research grant. 117. Research grant conditions The Foundation shall establish procedures to ensure that— (1) a research grant awarded by the Foundation to a principal investigator does not duplicate the scientific aims and scope of any grant awarded to the same investigator by another Federal agency; (2) a principal investigator includes in any application for a research grant awarded by the Foundation a list of all Federal research funding received by the principal investigator, as well as any funding that is being requested as of that time; (3) unpublished research results used to support a grant proposal made to the Foundation do not include any knowing misrepresentations of data; (4) principal investigators who have received more than 5 years of Foundation funding at any point in their careers, other than graduate and post-doctoral traineeship awards, are only awarded additional research grants by the Foundation if they will be contributing original, creative, and transformative research under the grant; and (5) principal investigators who receive Foundation research grant funding under more than one grant at the same time have sufficient resources to conduct the proposed research under each of those grants appropriately under the terms of the grant. 118. Computing resources study Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to the Congress a report detailing the results of a study on the use of scientific computing resources funded by the Foundation at institutions of higher education. Such study shall assess— (1) efficiencies that can be achieved by using shared scientific computing resources for projects that have similar scientific computing requirements or projects where specialized software solutions could be shared with other practitioners in the scientific community; (2) efficiencies that can be achieved by using shared hardware that can be cost effectively procured from cloud computing services; (3) efficiencies that can be achieved by using shared software from an open source repository or platform; and (4) cost savings that could be achieved by potential sharing of scientific computing resources across all Foundation grants. 119. Scientific breakthrough prizes The Director shall place a high priority on designing and administering pilot programs for scientific breakthrough prizes, in conjunction with private entities, that are consistent with Office of Science and Technology Policy guidelines. Breakthrough prizes shall center around technological breakthroughs that are of strategic importance to the Nation, and have the capacity to spur new economic growth. 120. Rotating personnel The Director shall ensure that the cost to the Foundation of employing individuals who are not permanent employees of the Foundation, including individuals employed pursuant to the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 note), does not exceed 110 percent of the cost of employing permanent employees of the Foundation to perform the same functions. 121. Report of the NSB Task Force on Administrative Burden The National Science Board Task Force on Administrative Burden shall provide a report to Congress on its activities, findings, and recommendations not later than 90 days after the date of enactment of this Act. 122. Sense of Congress regarding Innovation Corps It is the sense of Congress that— (1) the Foundation’s Innovation Corps (I-Corps) was established to foster a national innovation ecosystem by encouraging institutions, scientists, engineers, and entrepreneurs to identify and explore the innovation and commercial potential of Foundation-funded research well beyond the laboratory; (2) the Foundation’s I-Corps includes investment in entrepreneurship and commercialization education, training, and mentoring, ultimately leading to the practical deployment of technologies, products, processes, and services that improve the Nation’s competitiveness, promote economic growth, and benefit society; and (3) by building networks of entrepreneurs, educators, mentors, institutions, and collaborations, and supporting specialized education and training, I-Corps is at the leading edge of a strong, lasting foundation for an American innovation ecosystem. 123. United States-Israeli cooperation Section 917(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(a) ) is amended— (1) by striking and at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ; and ; and (3) by adding at the end the following: (8) the National Science Foundation of the United States should collaborate with the Israel Science Foundation. . 124. Sense of Congress regarding agricultural and drug interdisciplinary research It is the sense of Congress that the Foundation should support— (1) basic science research in the plant sciences that will identify and preserve valuable plant genes; and (2) interdisciplinary research to understand important basic research problems in the plant sciences. 125. Brain Research through Advancing Innovative Neurotechnologies Initiative The Foundation shall support research activities related to the Brain Research through Advancing Innovative Neurotechnologies Initiative. II Science, Technology, Engineering, and Mathematics 201. Findings; sense of Congress (a) Findings Congress finds the following: (1) According to the National Science Board’s Science and Engineering Indicators, the science and engineering workforce has shown sustained growth for more than half a century, and workers with science and engineering degrees tend to earn more than comparable workers in other fields. (2) According to the Program for International Student Assessment 2012 results, America lags behind many other nations in STEM education. American students rank 21st in science and 26th in mathematics. (3) Junior Achievement USA and ING recently found a decrease of 25 percent in the percentage of teenage students interested in STEM careers. (4) According to a 2007 report from the Department of Labor, industries and firms dependent on a strong science and mathematics workforce have launched a variety of programs that target K–12 students and undergraduate and graduate students in STEM fields. (5) The Federal Government spends nearly $3 billion annually on STEM education related program and activities, but encouraging STEM education activities beyond the scope of the Federal Government, including privately sponsored competitions and programs in our schools, is crucial to the future technical and economic competitiveness of the United States. (b) Sense of congress It is the sense of Congress that— (1) more effective coordination and adoption of performance measurement based on objective outcomes for federally supported STEM programs is needed; (2) leveraging private and nonprofit investments in STEM education will be essential to strengthening the Federal STEM portfolio; (3) strengthening the Federal STEM portfolio may require program consolidations and terminations, but such changes should be based on evidence with stakeholder input; (4) the President’s fiscal year 2014 budget proposal did not adequately explain proposed program consolidations and terminations in the Federal STEM portfolio, nor did it elicit stakeholder input and outside expertise, resulting in the need for Congress to limit the Administration’s implementation of that proposal; and (5) coordinating STEM programs and activities across the Federal Government in order to limit duplication and engage stakeholders in STEM programs and related activities for which objective outcomes can be measured will bolster results of Federal STEM education programs, improve the return on taxpayers’ investments in STEM education programs, and in turn strengthen the United States economy. 202. STEM Education Advisory Panel (a) Establishment The President shall establish or designate a STEM Education Advisory Panel that incorporates key stakeholders from the education and industry sectors within the President’s Council of Advisors on Science and Technology. (b) Qualifications The Advisory Panel established or designated by the President under subsection (a) shall consist primarily of members from academic institutions and industry and shall include in-school, out-of-school, and informal educational practitioners. Members of the Advisory Panel shall be qualified to provide advice and information on STEM education research, development, training, implementation, interventions, professional development, or workforce needs or concerns. In selecting or designating an Advisory Panel, the President may also seek and give consideration to recommendations from the Congress, industry, the scientific community (including the National Academy of Sciences, scientific professional societies, and academia), State and local governments, and other appropriate organizations. (c) Duties The Advisory Panel shall advise the President, the committee on STEM education established under the National Science and Technology Council, and the STEM Education Coordinating Office on matters relating to STEM education, and shall each year provide general guidance to every Federal agency with STEM education programs or activities, including in the preparation of requests for appropriations for activities related to STEM education. The Advisory Panel shall also assess— (1) trends and developments in STEM education; (2) progress made in STEM education both inside and outside of the classroom; (3) criteria for evaluating the effectiveness of Federal STEM education programs and activities; (4) ways to encourage public private-partnerships to strengthen STEM education; (5) ways to leverage private and nonprofit investments and utilize expertise resulting from STEM-related competitions to help build the STEM education and workforce pipeline; (6) ways to incorporate workforce needs into Federal STEM education programs; (7) the management, coordination, implementation, and activities of the STEM Education Coordinating Office and the committee on STEM education established under the National Science and Technology Council; and (8) whether societal and workforce concerns are adequately addressed by current Federal STEM education programs and activities. (d) Reports The Advisory Panel shall report, not less frequently than once every 2 fiscal years, to the President and Congress on its assessments under subsection (c) and its recommendations for ways to improve Federal STEM education programs. The first report under this subsection shall be submitted within 1 year after the date of enactment of this Act. (e) Travel expenses of non-Federal members Non-Federal members of the Advisory Panel, while attending meetings of the Advisory Panel or while otherwise serving at the request of the head of the Advisory Panel away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. Nothing in this subsection shall be construed to prohibit members of the Advisory Panel who are officers or employees of the United States from being allowed travel expenses, including per diem in lieu of subsistence, in accordance with existing law. 203. Committee on STEM education Section 101(b) of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6621(b) ) is amended to read as follows: (b) Responsibilities The committee described in subsection (a) shall develop recommendations for the STEM Education Coordinating office to consider. These recommendations shall focus on— (1) priority areas for Federal funding in STEM education, which may include student engagement, student retention, informal education, and teaching; (2) access to innovations and expertise derived from agency activities across the Federal Government; (3) significant links among K–12 education, higher education, and industry; and (4) the teaching of innovation and entrepreneurship as part of STEM education activities. . 204. STEM Education Coordinating Office (a) Establishment The Director of the National Science Foundation shall establish within the Directorate for Education and Human Resources a STEM Education Coordinating Office, which shall have a Director and staff that shall include career employees detailed from Federal agencies that fund STEM education programs and activities. (b) Responsibilities The STEM Education Coordinating Office shall— (1) coordinate the STEM education activities and programs of the Federal Government, including at the National Science Foundation, the Department of Energy, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Environmental Protection Agency, and any other Federal agency with STEM education programs or activities; (2) coordinate STEM education activities and programs with the Office of Management and Budget; (3) review STEM education activities and programs to ensure they are not redundant, overlapping, or duplicative of similar efforts within the Federal Government; (4) periodically update and maintain the inventory of federally sponsored STEM education programs and activities conducted by the committee on STEM education established under the National Science and Technology Council, including documentation of assessments of the outcome-oriented effectiveness of such programs and activities and metrics used to evaluate those programs and activities; (5) provide technical and administrative support to the committee on STEM education established under the National Science and Technology Council and the Advisory Panel established under section 202; and (6) serve as the point of contact on Federal STEM education activities for government agencies, academia, industry, professional societies, State STEM education programs, interested citizen groups, and other STEM stakeholders to exchange technical and programmatic information. (c) 3-Year strategic plan (1) In general The STEM Education Coordinating Office shall— (A) at the time of the President’s budget request, and every 3 years thereafter, in consultation with Federal agencies having STEM education programs or activities, the committee on STEM education established under the National Science and Technology Council, and the Advisory Panel established under section 202, update the Federal Government STEM education strategic plan established in May 2013 by the committee on STEM education established under the National Science and Technology Council; and (B) coordinate the implementation of such plan through such agencies. (2) Contents The strategic plan shall— (A) specify and prioritize annual and long-term objectives, including a description of the role of each agency in supporting programs and activities designed to achieve the objectives; (B) specify the common metrics that will be used to assess progress toward achieving the objectives; and (C) describe the approaches that will be taken by each agency to assess the effectiveness of its STEM education programs and activities. (d) Report The Director of the STEM Education Coordinating Office shall transmit a report annually to Congress at the time of the President’s budget request. The annual report shall include— (1) a description of the STEM education programs and activities across the Federal Government for the previous and current fiscal years, and the proposed programs and activities under the President’s budget request, of every Federal agency with STEM education programs or activities; (2) an evaluation of the extent of duplication and fragmentation of the programs and activities described under paragraph (1), and any recommendations for consolidations or terminations to remedy those problems; (3) a description of ways the Federal Government is leveraging private and nonprofit investments and utilizing expertise resulting from STEM-related competitions to build the STEM education workforce pipeline; and (4) a description of the progress made in carrying out the 3-year strategic plan, including a description of the outcome of any program assessments completed in the previous year, and any changes made to that plan since the previous annual report. (e) Responsibilities of NSF The Director of the National Science Foundation shall encourage and monitor the efforts of the STEM Education Coordinating Office to ensure that the strategic plan under subsection (c) is implemented effectively and that the objectives of the strategic plan are met. III Office of Science and Technology Policy 301. Authorization of appropriations There are authorized to be appropriated for the Office of Science and Technology Policy— (1) $5,555,000 for fiscal year 2014; and (2) $5,555,000 for fiscal year 2015. 302. Regulatory efficiency (a) Sense of Congress It is the sense of Congress that— (1) high and increasing administrative burdens and costs in Federal research administration, particularly in the higher education sector where most federally sponsored research is performed, are eroding funds available to carry out basic scientific research; (2) progress has been made over the last decade in streamlining the pre-award grant application process through Grants.gov, the Federal Government’s website portal; (3) post-award administrative costs have grown as Federal research agencies have continued to impose agency-unique compliance and reporting requirements on researchers and research institutions; (4) facilities and administration costs at research universities can exceed 50 percent of the total value of Federal research grants, and it is estimated that nearly 30 percent of the funds invested annually in federally funded research is consumed by paperwork and other administrative processes required by Federal agencies; (5) the Office of Management and Budget has recently released an omnibus grant administration regulation that allows agency-unique approaches and fails to provide necessary guidance for agencies to simplify, standardize, or consolidate common reporting and compliance requirements; and (6) it is a matter of critical importance to American competitiveness that administrative costs of federally funded research be streamlined so that a higher proportion of taxpayer dollars flow into direct research activities. (b) In general The Director of the Office of Science and Technology Policy shall establish a working group under the authority of the National Science and Technology Council, to include the Office of Management and Budget. The working group shall be responsible for reviewing Federal regulations affecting research and research universities and making recommendations on how to— (1) harmonize, streamline, and eliminate duplicative Federal regulations and reporting requirements; and (2) minimize the regulatory burden on United States institutions of higher education performing federally funded research while maintaining accountability for Federal tax dollars. (c) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter for 3 years, the Director shall report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on what steps have been taken to carry out the recommendations of the working group established under subsection (b). 303. Public access to research articles and data (a) Public access policies and procedures (1) Plan Not later than 18 months after the date of enactment of this Act, the National Science and Technology Council shall deliver a plan to Congress containing policies, procedures, and standards for the Federal science agencies to enable archiving and retrieving covered material in digital form for public availability in perpetuity. The plan shall— (A) provide a data-driven justification for the plan, including the embargo periods set under subsections (c)(2)(A) and (e); (B) be developed in a transparent and open manner; (C) indicate what procedures were followed to ensure that this process of developing the plan allowed for the full consideration of all stakeholder concerns; and (D) draw on information developed under section 103 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6623 ). (2) Requirements Such policies, procedures, and standards shall— (A) use existing information technology infrastructure to the extent practicable, including infrastructure of the National Center for Biotechnology Information, the National Center for Atmospheric Research, and the private sector that facilitate public access to covered material; (B) minimize the cost of storing, archiving, and retrieving articles and data; and (C) minimize the burden of providing articles and data archiving, and of retrieving articles and data. (3) Stakeholder input In developing policies, procedures, and standards under paragraph (1), the National Science and Technology Council shall use a transparent process for soliciting views from stakeholders, including federally funded researchers, institutions of higher education, libraries, publishers, users of federally funded research results, and civil science society groups. (b) Grant recipient requirements A recipient of a research grant made by a Federal science agency shall make, or enable others on their behalf to make, covered material associated with such grant available consistent with the policies, procedures, and standards established under subsection (a). (c) Federal science agency requirements In implementing the policies, procedures, and standards established pursuant to subsection (a), each Federal science agency shall provide for— (1) submission of, or linking to, an electronic version of covered material by or on behalf of recipients of research grants made by the agency; (2) free online public access to such covered material— (A) in the case of a research article, consistent with appropriate embargo periods but not later than 24 months after publication of the research article in a peer-reviewed publication; and (B) in the case of data used to support the findings and conclusions of such article, not later than 60 days after the article is published in a peer-reviewed publication; (3) implementation in a manner and format that enables and ensures full-text search, productive use, and long-term preservation; (4) production of an online bibliography of all research papers that are publicly accessible in its repository, with each entry linking to the corresponding free online full text and supporting data; and (5) access to all data that is used directly or indirectly by the agency to support the promulgation of a Federal regulation. (d) Review At least once every 5 years, the National Science and Technology Council shall review the policies, procedures, and standards established under subsection (a) and revise such policies, procedures, and standards as appropriate. (e) Extension Each Federal science agency may extend the time period specified in subsection (c)(2)(A) by 6 to 12 months, in consultation with the stakeholders described in subsection (a)(3), if the agency head, or designee, determines that the scientific field and stakeholders described in subsection (a)(3) will be uniquely harmed without such extension. (f) Patent or copyright law Except as provided in this section, nothing in this section shall be construed to affect any right under the provisions of title 17 or title 35, United States Code. (g) Definitions For purposes of this section: (1) Covered material The term covered material means— (A) a manuscript of an article accepted for publication in a peer-reviewed publication that results from research funded by a grant from a Federal science agency; and (B) data that was used to support the findings and conclusions of such article, except for data that is protected from disclosure under section 552 of title 5, United States Code. (2) Data The term data includes raw data, computer code, and algorithms, but does not include— (A) commercially available software used to analyze the data or code; (B) preliminary work and analyses; (C) drafts of scientific papers not accepted or intended for publication; or (D) plans for future research. (3) Federal science agency The term Federal science agency means— (A) the National Aeronautics and Space Administration; (B) the National Science Foundation; (C) the National Institute of Standards and Technology; and (D) the National Weather Service. (4) Peer-reviewed publication The term peer-reviewed publication means a publication for which articles are assigned to at least 1 external reviewer to assess the validity of the articles’ scientific findings and conclusions. 304. Strategic plan for advanced manufacturing research and development Section 102 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6622 ) is amended to read as follows: 102. Coordination of advanced manufacturing research and development (a) Interagency committee The Director shall establish or designate a Committee on Technology under the National Science and Technology Council. The Committee shall be responsible for planning and coordinating Federal programs and activities in advanced manufacturing research and development. (b) Responsibilities of committee The Committee shall— (1) coordinate the advanced manufacturing research and development programs and activities of the Federal agencies, in consultation with the National Economic Council; (2) establish goals and priorities for advanced manufacturing research and development that will strengthen United States manufacturing; (3) work with industry organizations, Federal agencies, and Federally Funded Research and Development Centers not represented on the Committee, to identify and reduce regulatory, logistical, and fiscal barriers within the Federal Government and State governments that inhibit United States advanced manufacturing; (4) facilitate the transfer of intellectual property and technology based on federally supported university research into commercialization and manufacturing; (5) identify technological, market, or business challenges that may best be addressed by public-private partnerships, and are likely to attract both participation and primary funding from industry; (6) encourage the formation of public-private partnerships to respond to those challenges for transition for United States advanced manufacturing; and (7) develop, and update every 4 years, a strategic plan to guide Federal programs and activities in support of advanced manufacturing research and development, which shall— (A) specify and prioritize near-term and long-term research and development objectives, the anticipated time frame for achieving the objectives, and the metrics for use in assessing progress toward the objectives; (B) describe the progress made in achieving the objectives from the National Strategic Plan for Advanced Manufacturing issued in February 2012 and any subsequent updates, including a discussion of why specific objectives were not met; (C) specify the role and budget resources of each Federal agency in carrying out or sponsoring research and development to meet the objectives of the strategic plan; (D) describe how the Federal agencies and Federally Funded Research and Development Centers supporting advanced manufacturing research and development will foster the transfer of research and development results into new manufacturing technologies and United States based manufacturing of new products and processes for the benefit of society to ensure national, energy, and economic security; (E) describe how Federal agencies and Federally Funded Research and Development Centers supporting advanced manufacturing research and development will strengthen all levels of manufacturing education and training programs to ensure an adequate, well-trained workforce; (F) describe how the Federal agencies and Federally Funded Research and Development Centers supporting advanced manufacturing research and development will assist small- and medium-sized manufacturers in developing and implementing new products and processes; (G) analyze factors that impact innovation and competitiveness for United States advanced manufacturing, including— (i) technology transfer and commercialization activities; (ii) the adequacy of the national security industrial base; (iii) the capabilities of the domestic manufacturing workforce; (iv) export opportunities and trade policies; (v) financing, investment, and taxation policies and practices; (vi) emerging technologies and markets; and (vii) advanced manufacturing research and development undertaken by competing nations; and (H) elicit and consider the recommendations of a wide range of stakeholders, including representatives from diverse manufacturing companies, academia, and other relevant organizations and institutions. (c) Report Not later than 1 year after the date of enactment of the FIRST Act of 2014 , the Director shall transmit the initial strategic plan developed under subsection (b)(7) to the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives, which shall update the National Strategic Plan for Advanced Manufacturing issued in February 2012. Subsequent updates of this strategic plan shall be transmitted to those committees and posted on a public website not later than May 1, 2018, and every 4 years thereafter. (d) Advisory Committee The President’s Council of Advisors for Science and Technology shall appoint an advisory committee of private sector leaders to provide input, perspective, and recommendations to assist in the development of the strategic plan and subsequent updates reported under subsection (c). Such panel shall have no more than 15 members, and shall include representatives of manufacturing businesses, the manufacturing workforce, academia, and groups representing interests affected by manufacturing activities. (e) Requirement To consider strategy in the budget In preparing the budget for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include information regarding the consistency of the budget with the goals and recommendations for United States advanced manufacturing that are developed under this section. . 305. Coordination of international science and technology partnerships (a) Establishment The Director of the Office of Science and Technology Policy shall establish a body under the National Science and Technology Council with the responsibility to identify and coordinate international science and technology cooperation that can strengthen the United States science and technology enterprise, improve economic and national security, and support United States foreign policy goals. (b) NSTC body leadership The body established under subsection (a) shall be co-chaired by senior level officials from the Office of Science and Technology Policy and the Department of State. (c) Responsibilities The body established under subsection (a) shall— (1) plan and coordinate interagency international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies and work with other National Science and Technology Council committees to help plan and coordinate the international component of national science and technology priorities; (2) establish Federal priorities and policies for aligning, as appropriate, international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies with the foreign policy goals of the United States; (3) identify opportunities for new international science and technology cooperative research and training partnerships that advance both the science and technology and the foreign policy priorities of the United States; (4) in carrying out paragraph (3), solicit input and recommendations from non-Federal science and technology stakeholders, including universities, scientific and professional societies, industry, and relevant organizations and institutions; and (5) identify broad issues that influence the ability of United States scientists and engineers to collaborate with foreign counterparts, including barriers to collaboration and access to scientific information. (d) Report to congress The Director of the Office of Science and Technology Policy shall transmit a report, to be updated annually, to the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives, and to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate. The report shall also be made available to the public on the reporting agency’s website. The report shall contain a description of— (1) the priorities and policies established under subsection (c)(2); (2) the ongoing and new partnerships established since the last update to the report; (3) the means by which stakeholder input was received, as well as summary views of stakeholder input; and (4) the issues influencing the ability of United States scientists and engineers to collaborate with foreign counterparts. 306. Alternative research funding models (a) Pilot program authority The heads of Federal science agencies, in consultation with the Director of the Office of Science and Technology Policy, shall conduct appropriate pilot programs to validate alternative research funding models, including— (1) scientific breakthrough prize programs that are of strategic importance to the Nation and have the capacity to spur new economic growth; and (2) novel mechanisms of funding including obtaining non-Federal funds through crowd source funding. (b) Non-Federal partners A pilot program may be conducted under this section through an agreement, grant, or contractual relationship with a non-Federal entity regarding the design, administration, and funding of the program. (c) Prize competition judges (1) Requirements Judges for a prize competition carried out under this section shall not be required to be Federal employees. An individual who serves as a judge for a prize competition carried out under this section who is not a Federal employee shall be required to sign an agreement, developed by the Office of Science and Technology Policy, with respect to nondisclosure, conflict of interest, and judging code of conduct requirements. All judges shall be required to disclose all personal financial interests. (2) Report to Congress Not later than 30 days after the Office of Science and Technology Policy completes development of an agreement under paragraph (1), it shall transmit a report to Congress describing the requirements of such agreement. (d) Public notice The heads of Federal science agencies shall widely advertise prize competitions to be conducted under this section to ensure maximum participation. (e) Definition For purposes of this section, the term Federal science agency means— (1) the National Aeronautics and Space Administration; (2) the National Science Foundation; (3) the National Institute of Standards and Technology; and (4) the National Weather Service. (f) Report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter as part of the annual budget submission to Congress, the Director of the Office of Science and Technology Policy shall transmit to the Congress a report on programs identified and conducted under subsection (a). 307. Amendments to prize competitions Section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) is amended— (1) in subsection (c)— (A) by inserting competition after section, a prize ; (B) by inserting types after following ; and (C) in paragraph (4), by striking prizes and inserting prize competitions ; (2) in subsection (f)— (A) by striking in the Federal Register and inserting on a publicly accessible Government website, such as www.challenge.gov, ; and (B) in paragraph (4), by striking prize and inserting cash prize purse ; (3) in subsection (g), by striking prize and inserting cash prize purse ; (4) in subsection (h), by inserting prize before competition both places it appears; (5) in subsection (i)— (A) in paragraph (1)(B), by inserting prize before competition ; (B) in paragraph (2)(A), by inserting prize before competition both places it appears; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: (3) Waiver An agency may waive the requirement under paragraph (2). The annual report under subsection (p) shall include a list of such waivers granted during the preceding fiscal year, along with a detailed explanation of the reasons for granting the waivers. ; (6) in subsection (k)— (A) in paragraph (2)(A), by inserting prize before competition ; and (B) in paragraph (3), by inserting prize before competitions both places it appears; (7) in subsection (l), by striking all after may enter into and inserting a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competition, subject to the provisions of this section. ; (8) in subsection (m)— (A) by amending paragraph (1) to read as follows: (1) In general Support for a prize competition under this section, including financial support for the design and administration of a prize competition or funds for a cash prize purse, may consist of Federal appropriated funds and funds provided by private sector for-profit and nonprofit entities. The head of an agency may accept funds from other Federal agencies, private sector for-profit entities, and nonprofit entities to support such prize competitions. The head of an agency may not give any special consideration to any private sector for-profit or nonprofit entity in return for a donation. ; (B) in paragraph (2), by striking prize awards and inserting cash prize purses ; (C) in paragraph (3)(A)— (i) by striking No prize and inserting No prize competition ; and (ii) by striking the prize and inserting the cash prize purse ; (D) in paragraph (3)(B), by striking a prize and inserting a cash prize purse ; (E) in paragraph (3)(B)(i), by inserting competition after prize ; (F) in paragraph (4)(A), by striking a prize and inserting a cash prize purse ; and (G) in paragraph (4)(B), by striking cash prizes and inserting cash prize purses ; (9) in subsection (n), by inserting for both for-profit and nonprofit entities, after contract vehicle ; (10) in subsection (o)(1), by striking or providing a prize and insert a prize competition or providing a cash prize purse ; and (11) in subsection (p)(2)(C), by striking cash prizes both places it occurs and inserting cash prize purses . IV Innovation and Technology Transfer A NIST reauthorization 401. Authorization of appropriations (a) Fiscal year 2014 (1) In general There are authorized to be appropriated to the Secretary of Commerce $850,000,000 for the National Institute of Standards and Technology for fiscal year 2014. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $651,000,000 shall be for scientific and technical research and services laboratory activities; (B) $56,000,000 shall be for the construction and maintenance of facilities; and (C) $143,000,000 shall be for industrial technology services activities, of which $128,000,000 shall be for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l). (b) Fiscal year 2015 (1) In general There are authorized to be appropriated to the Secretary of Commerce $862,750,000 for the National Institute of Standards and Technology for fiscal year 2015. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $660,765,000 shall be for scientific and technical research and services laboratory activities; (B) $56,840,000 shall be for the construction and maintenance of facilities; and (C) $145,145,000 shall be for industrial technology services activities, of which $129,920,000 shall be for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l). 402. Standards and conformity assessment and other transaction authority Section 2 of the National Institute of Standards and Technology Act ( 15 U.S.C. 272 ) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking authorized to take and inserting authorized to serve as the President’s principal adviser on standards policy pertaining to the Nation’s technological competitiveness and innovation ability and to take ; (B) in paragraph (3), by striking compare standards and all that follows through Federal Government and inserting facilitate standards-related information sharing and cooperation between Federal agencies ; (C) by striking paragraph (4) and inserting the following: (4) to enter into and perform such contracts, cooperative research and development arrangements, grants, cooperative agreements, leases, or other transactions as may be necessary in the conduct of its work and on such terms as it may consider appropriate in furtherance of the purposes of this Act; ; and (D) in paragraph (13), by striking Federal, State, and local and all that follows through private sector and inserting technical standards activities and conformity assessment activities of Federal, State, and local governments with private sector ; and (2) in subsection (c)— (A) in paragraph (21), by striking and after the semicolon; (B) by redesignating paragraph (22) as paragraph (24); and (C) by inserting after paragraph (21) the following: (22) participate in and support scientific and technical conferences; (23) perform pre-competitive measurement science and technology research in partnership with institutions of higher education and industry to promote United States industrial competitiveness; and . 403. Visiting Committee on Advanced Technology Section 10 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278 ) is amended— (1) in subsection (a)— (A) by striking 15 members and inserting not fewer than 9 members ; (B) by striking at least 10 and inserting at least three-fifths ; and (C) by adding at the end the following: The Committee may consult with the National Research Council in making recommendations regarding general policy for the Institute. ; and (2) in subsection (h)(1), by striking , including the Program established under section 28, . 404. Police and security authority Section 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278e ) is amended— (1) by striking of the Government; and and inserting of the Government; ; and (2) by striking United States Code. and inserting United States Code; and (i) for the protection of Institute buildings and other plant facilities, equipment, and property, and of employees, associates, visitors, or other persons located therein or associated therewith, notwithstanding any other provision of law, the direction of such of the officers and employees of the Institute as the Secretary considers necessary in the public interest to carry firearms while in the conduct of their official duties, and the authorization of employees of contractors and subcontractors of the Institute who are engaged in the protection of property owned by the United States, and located at facilities owned by, leased by, used by, or under the control of the United States, to carry firearms while in the conduct of their official duties, and, under regulations prescribed by the Secretary and approved by the Attorney General, the authorization of officers and employees of the Institute and of its contractors and subcontractors authorized to carry firearms to arrest without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony, provided that such authority to make arrests may be exercised only while guarding and protecting buildings and other plant facilities, equipment, and property owned or leased by, used by, or under the control of the United States under the administration and control of the Secretary . 405. International activities Section 17(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g(a) ) is amended— (1) by striking financial assistance, and inserting financial and logistical assistance, ; and (2) by adding at the end the following: Financial and logistical assistance may include transportation to and from the Institute of foreign dignitaries and representatives of foreign national metrology institutes. . 406. Education and outreach (a) In general The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq. ) is amended by striking sections 18, 19, and 19A and inserting the following: 18. Education and outreach (a) In general The Director may support, promote, and coordinate activities and efforts to enhance public awareness and understanding of measurement sciences, standards, and technology by the general public, industry, and academia in support of the Institute’s mission. (b) Research fellowships (1) In general The Director may award research fellowships and other forms of financial and logistical assistance, including direct stipend awards, to— (A) students at institutions of higher education within the United States who show promise as present or future contributors to the mission of the Institute; and (B) United States citizens for research and technical activities of the Institute. (2) Selection The Director shall select persons to receive such fellowships and assistance on the basis of ability and of the relevance of the proposed work to the mission and programs of the Institute. (3) Definition For the purposes of this subsection, financial and logistical assistance includes, notwithstanding section 1345 of title 31, United States Code, or any contrary provision of law, temporary housing and local transportation to and from the Institute facilities. (c) Post-Doctoral fellowship program The Director shall establish and conduct a post-doctoral fellowship program, subject to the availability of appropriations, that shall include not less than 20 nor more than 120 new fellows per fiscal year. In evaluating applications for fellowships under this subsection, the Director shall give consideration to the goal of promoting the participation of underrepresented minorities in research areas supported by the Institute. . (b) Prohibition The National Institute of Standards and Technology may not implement any STEM education program and activity changes proposed for the Institute in the budget for fiscal year 2014 transmitted to Congress under section 1105(a) of title 31, United States Code. 407. Programmatic planning report Section 23(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278i(d) ) is amended by adding at the end the following: The 3-year programmatic planning document shall also describe how the Director is addressing recommendations from the Visiting Committee on Advanced Technology established under section 10. . 408. Assessments by the National Research Council Section 24 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278j ) is amended to read as follows: 24. Assessments by the National Research Council (a) In general The Institute shall contract with the National Research Council to perform and report on assessments of the technical quality and impact of the work conducted at Institute laboratories. (b) Schedule Individual assessments shall be completed biennially by conducting annual assessments of at least 3 laboratories. (c) Summary report In the second year of each biennial period under subsection (b), the Institute shall contract with the National Research Council to prepare a report that summarizes the findings common across the individual assessment reports. (d) Additional assessments The Institute, at the discretion of the Director, also may contract with the National Research Council to conduct additional assessments of Institute programs and projects that involve collaboration across the Institute laboratories and centers and assessments of selected scientific and technical topics. (e) Consultation with Visiting Committee on Advanced Technology The National Research Council may consult with the Visiting Committee on Advanced Technology established under section 10 in performing the assessments under this section. (f) Reports Not later than 30 days after the completion of each assessment, the Institute shall transmit the report on such assessment to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. . 409. Hollings Manufacturing Extension Partnership Section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ) is amended to read as follows: 25. Hollings Manufacturing Extension Partnership (a) Establishment and purpose (1) In general The Secretary, through the Director and, if appropriate, through other officials, shall provide assistance for the creation and support of manufacturing extension centers, to be known as the Hollings Manufacturing Extension Centers , for the transfer of manufacturing technology and best business practices (in this Act referred to as the Centers ). The program under this section shall be known as the Hollings Manufacturing Extension Partnership . (2) Affiliations Such Centers shall be affiliated with any United States-based public or nonprofit institution or organization, or group thereof, that applies for and is awarded financial assistance under this section. (3) Objective The objective of the Centers is to enhance competitiveness, productivity, and technological performance in United States manufacturing through— (A) the transfer of manufacturing technology and techniques developed at the Institute to Centers and, through them, to manufacturing companies throughout the United States; (B) the participation of individuals from industry, institutions of higher education, State governments, other Federal agencies, and, when appropriate, the Institute in cooperative technology transfer activities; (C) efforts to make new manufacturing technology and processes usable by United States-based small- and medium-sized companies; (D) the active dissemination of scientific, engineering, technical, and management information about manufacturing to industrial firms, including small- and medium-sized manufacturing companies; (E) the utilization, when appropriate, of the expertise and capability that exists in Federal laboratories other than the Institute; and (F) the provision to community colleges of information about the job skills needed in small- and medium-sized manufacturing businesses in the regions they serve. (b) Activities The activities of the Centers shall include— (1) the establishment of automated manufacturing systems and other advanced production technologies, based on Institute-supported research, for the purpose of demonstrations and technology transfer; and (2) the active transfer and dissemination of research findings and Center expertise to a wide range of companies and enterprises, particularly small- and medium-sized manufacturers. (c) Operations (1) Financial support The Secretary may provide financial support to any Center created under subsection (a). The Secretary may not provide to a Center more than 50 percent of the capital and annual operating and maintenance funds required to create and maintain such Center. (2) Regulations The Secretary shall implement, review, and update the sections of the Code of Federal Regulations related to this section at least once every 3 years. (3) Application (A) In general Any nonprofit institution, or consortium thereof, or State or local government, may submit to the Secretary an application for financial support under this section, in accordance with the procedures established by the Secretary. (B) Cost-sharing In order to receive assistance under this section, an applicant for financial assistance under subparagraph (A) shall provide adequate assurances that non-Federal assets obtained from the applicant and the applicant’s partnering organizations will be used as a funding source to meet not less than 50 percent of the costs incurred for the first 3 years and an increasing share for each of the next 3 years. For purposes of the preceding sentence, the costs incurred means the costs incurred in connection with the activities undertaken to improve the competitiveness, management, productivity, and technological performance of small- and medium-sized manufacturing companies. (C) Agreements with other entities In meeting the 50 percent requirement, it is anticipated that a Center will enter into agreements with other entities such as private industry, institutions of higher education, and State governments to accomplish programmatic objectives and access new and existing resources that will further the impact of the Federal investment made on behalf of small- and medium-sized manufacturing companies. (D) Legal rights Each applicant under subparagraph (A) shall also submit a proposal for the allocation of the legal rights associated with any invention which may result from the proposed Center’s activities. (4) Merit review The Secretary shall subject each such application to merit review. In making a decision whether to approve such application and provide financial support under this section, the Secretary shall consider, at a minimum, the following: (A) The merits of the application, particularly those portions of the application regarding technology transfer, training and education, and adaptation of manufacturing technologies to the needs of particular industrial sectors. (B) The quality of service to be provided. (C) Geographical diversity and extent of service area. (D) The percentage of funding and amount of in-kind commitment from other sources. (5) Evaluation (A) In general Each Center that receives financial assistance under this section shall be evaluated during its third year of operation by an evaluation panel appointed by the Secretary. (B) Composition Each such evaluation panel shall be composed of private experts, none of whom shall be connected with the involved Center, and Federal officials. (C) Chair An official of the Institute shall chair the panel. (D) Performance measurement Each evaluation panel shall measure the involved Center’s performance against the objectives specified in this section. (E) Positive evaluation If the evaluation is positive, the Secretary may provide continued funding through the sixth year at declining levels. (F) Probation The Secretary shall not provide funding unless the evaluation is positive. A Center that has not received a positive evaluation by the evaluation panel shall be notified by the panel of the deficiencies in its performance and shall be placed on probation for one year, after which time the panel shall reevaluate the Center. If the Center has not addressed the deficiencies identified by the panel, or shown a significant improvement in its performance, the Director shall conduct a new competition to select an operator for the Center or may close the Center. (G) Additional financial support After the sixth year, a Center may receive additional financial support under this section if it has received a positive evaluation through an independent review, under procedures established by the Institute. Funding received for a fiscal year under this section after the sixth year of operation shall not exceed one third of the capital and annual operating and maintenance costs of the Center under the program. (H) Eight-year review A Center shall undergo an independent review in the 8th year of operation. Each evaluation panel shall measure the Center’s performance against the objectives specified in this section. A Center that has not received a positive evaluation as a result of an independent review shall be notified by the Program of the deficiencies in its performance and shall be placed on probation for one year, after which time the Program shall reevaluate the Center. If the Center has not addressed the deficiencies identified by the review, or shown a significant improvement in its performance, the Director shall conduct a new competition to select an operator for the Center or may close the Center. (I) Recompetition If a recipient of a Center award has received financial assistance for 10 consecutive years, the Director shall conduct a new competition to select an operator for the Center consistent with the plan required in this Act. Incumbent Center operators in good standing shall be eligible to compete for the new award. (J) Reports (i) Plan Not later than 180 days after the date of enactment of the FIRST Act of 2014 , the Director shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan as to how the Institute will conduct reviews, assessments, and reapplication competitions under this paragraph. (ii) Independent assessment The Director shall contract with an independent organization to perform an assessment of the implementation of the reapplication competition process under this paragraph within 3 years after the transmittal of the report under clause (i). The organization conducting the assessment under this clause may consult with the MEP Advisory Board. (iii) Comparison of centers Not later than 2 years after the date of enactment of the FIRST Act of 2014 , the Director shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report providing information on the first and second years of operations for centers operating from new competitions or recompetition as compared to longstanding centers. The report shall provide detail on the engagement in services provided by Centers and the characteristics of services provided, including volume and type of services, so that the Committees can evaluate whether the cost-sharing ratio has an effect on the services provided at Centers. (6) Patent rights The provisions of chapter 18 of title 35, United States Code, shall apply, to the extent not inconsistent with this section, to the promotion of technology from research by Centers under this section except for contracts for such specific technology extension or transfer services as may be specified by statute or by the Director. (7) Protection of Center client confidential information Section 552 of title 5, United States Code, shall apply to the following information obtained by the Federal Government on a confidential basis in connection with the activities of any participant involved in the Hollings Manufacturing Extension Partnership: (A) Information on the business operation of any participant in a Hollings Manufacturing Extension Partnership program or of a client of a Center. (B) Trade secrets possessed by any client of a Center. (8) Advisory boards Each Center’s advisory boards shall institute a conflict of interest policy, approved by the Director, that ensures the Board represents local small- and medium-sized manufacturers in the Center’s region. Board Members may not serve as a vendor or provide services to the Center, nor may they serve on more than one Center’s oversight board simultaneously. (d) Acceptance of funds (1) In general In addition to such sums as may be appropriated to the Secretary and Director to operate the Hollings Manufacturing Extension Partnership, the Secretary and Director also may accept funds from other Federal departments and agencies and, under section 2(c)(7), from the private sector for the purpose of strengthening United States manufacturing. (2) Allocation of funds (A) Funds accepted from other Federal departments or agencies The Director shall determine whether funds accepted from other Federal departments or agencies shall be counted in the calculation of the Federal share of capital and annual operating and maintenance costs under subsection (c). (B) Funds accepted from the private sector Funds accepted from the private sector under section 2(c)(7), if allocated to a Center, may not be considered in the calculation of the Federal share under subsection (c) of this section. (e) MEP Advisory Board (1) Establishment There is established within the Institute a Manufacturing Extension Partnership Advisory Board (in this subsection referred to as the MEP Advisory Board ). (2) Membership (A) In general The MEP Advisory Board shall consist of not fewer than 10 members broadly representative of stakeholders, to be appointed by the Director. At least 2 members shall be employed by or on an advisory board for the Centers, and at least 5 other members shall be from United States small businesses in the manufacturing sector. No member shall be an employee of the Federal Government. (B) Term Except as provided in subparagraph (C) or (D), the term of office of each member of the MEP Advisory Board shall be 3 years. (C) Vacancies Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. (D) Serving consecutive terms Any person who has completed two consecutive full terms of service on the MEP Advisory Board shall thereafter be ineligible for appointment during the one-year period following the expiration of the second such term. (3) Meetings The MEP Advisory Board shall meet not less than 2 times annually and shall provide to the Director— (A) advice on Hollings Manufacturing Extension Partnership programs, plans, and policies; (B) assessments of the soundness of Hollings Manufacturing Extension Partnership plans and strategies; and (C) assessments of current performance against Hollings Manufacturing Extension Partnership program plans. (4) Federal Advisory Committee Act applicability (A) In general In discharging its duties under this subsection, the MEP Advisory Board shall function solely in an advisory capacity, in accordance with the Federal Advisory Committee Act. (B) Exception Section 14 of the Federal Advisory Committee Act shall not apply to the MEP Advisory Board. (5) Report The MEP Advisory Board shall transmit an annual report to the Secretary for transmittal to Congress within 30 days after the submission to Congress of the President’s annual budget request in each year. Such report shall address the status of the program established pursuant to this section and comment on the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under subsections (c) and (d) of section 23. (f) Competitive Grant Program (1) Establishment The Director shall establish, within the Hollings Manufacturing Extension Partnership, under this section and section 26, a program of competitive awards among participants described in paragraph (2) for the purposes described in paragraph (3). (2) Participants Participants receiving awards under this subsection shall be the Centers, or a consortium of such Centers. (3) Purpose The purpose of the program under this subsection is to add capabilities to the Hollings Manufacturing Extension Partnership, including the development of projects to solve new or emerging manufacturing problems as determined by the Director, in consultation with the Director of the Hollings Manufacturing Extension Partnership program, the MEP Advisory Board, and small- and medium-sized manufacturers. One or more themes for the competition may be identified, which may vary from year to year, depending on the needs of manufacturers and the success of previous competitions. Centers may be reimbursed for costs incurred under the program. (4) Applications Applications for awards under this subsection shall be submitted in such manner, at such time, and containing such information as the Director shall require, in consultation with the MEP Advisory Board. (5) Selection Awards under this subsection shall be peer reviewed and competitively awarded. The Director shall endeavor to have broad geographic diversity among selected proposals. The Director shall select proposals to receive awards that will— (A) improve the competitiveness of industries in the region in which the Center or Centers are located; (B) create jobs or train newly hired employees; and (C) promote the transfer and commercialization of research and technology from institutions of higher education, national laboratories, and nonprofit research institutes. (6) Program contribution Recipients of awards under this subsection shall not be required to provide a matching contribution. (7) Global marketplace projects In making awards under this subsection, the Director, in consultation with the MEP Advisory Board and the Secretary, may take into consideration whether an application has significant potential for enhancing the competitiveness of small- and medium-sized United States manufacturers in the global marketplace. (8) Duration Awards under this subsection shall last no longer than 3 years. (g) Evaluation of obstacles unique to small manufacturers The Director shall— (1) evaluate obstacles that are unique to small manufacturers that prevent such manufacturers from effectively competing in the global market; (2) implement a comprehensive plan to train the Centers to address such obstacles; and (3) facilitate improved communication between the Centers to assist such manufacturers in implementing appropriate, targeted solutions to such obstacles. (h) Community College Defined In this section, the term community college means an institution of higher education (as defined under section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) at which the highest degree that is predominately awarded to students is an associate’s degree. . 410. Elimination of obsolete reports (a) Enterprise integration standardization and implementation activities report Section 3 of the Enterprise Integration Act of 2002 ( 15 U.S.C. 278g–5 ) is amended— (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (b) TIP Reports Section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n ) is amended— (1) by striking subsection (g); and (2) in subsection (k), by striking paragraph (5). 411. Modifications to grants and cooperative agreements Section 8(a) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3706(a) ) is amended by striking The total amount of any such grant or cooperative agreement may not exceed 75 percent of the total cost of the program. . B Innovative approaches to technology transfer 421. Innovative approaches to technology transfer Section 9(jj) of the Small Business Act ( 15 U.S.C. 638(jj) ) is amended to read as follows: (jj) Innovative approaches to technology transfer (1) Grant program (A) In general Each Federal agency required by subsection (n) to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )), nonprofit research institutions, and Federal laboratories in order to improve or accelerate the commercialization of federally funded research and technology by small business concerns, including new businesses. (B) Awarding of grants and awards (i) In general Each Federal agency required by subparagraph (A) to participate in this program shall award, through a competitive, merit-based process, grants, in the amounts listed in subparagraph (C) to institutions of higher education, technology transfer organizations that facilitate the commercialization of technologies developed by one or more such institutions of higher education, Federal laboratories, other public and private nonprofit entities, and consortia thereof, for initiatives that help identify high-quality, commercially viable federally funded research and technologies and to facilitate and accelerate their transfer into the marketplace. (ii) Use of Funds Activities supported by grants under this subsection may include— (I) providing early-stage proof of concept funding for translational research; (II) identifying research and technologies at institutions that have the potential for accelerated commercialization; (III) technology maturation funding to support activities such as prototype construction, experiment analysis, product comparison, and the collection of performance data; (IV) technical validations, market research, clarifying intellectual property rights position and strategy, and investigating commercial and business opportunities; (V) programs to provide advice, mentoring, entrepreneurial education, project management, and technology and business development expertise to innovators and recipients of technology transfer licenses to maximize commercialization potential; and (VI) conducting outreach to small business concerns as potential licensees of federally funded research and technology, and providing technology transfer services to such small business concerns. (iii) Selection process and applications Qualifying institutions seeking a grant under this subsection shall submit an application to a Federal agency required by subparagraph (A) to participate in this program at such time, in such manner, and containing such information as the agency may require. The application shall include, at a minimum— (I) a description of innovative approaches to technology transfer, technology development, and commercial readiness that have the potential to increase or accelerate technology transfer outcomes and can be adopted by other qualifying institutions, or a demonstration of proven technology transfer and commercialization strategies, or a plan to implement proven technology transfer and commercialization strategies that can achieve greater commercialization of federally funded research and technologies with program funding; (II) a description of how the qualifying institution will contribute to local and regional economic development efforts; and (III) a plan for sustainability beyond the duration of the funding award. (iv) Program oversight boards (I) In general Successful proposals shall include a plan to assemble a Program Oversight Board, the members of which shall have technical, scientific, or business expertise three-fifths of whom shall be drawn from industry, start-up companies, venture capital or other equity investment mechanism, technical enterprises, financial institutions, and business development organizations with a track record of success in commercializing innovations. Proposals may use oversight boards in existence on the date of the enactment of the FIRST Act of 2014 that meet the requirements of this subclause. (II) Program Oversight Boards responsibilities Program Oversight Boards shall— (aa) establish award programs for individual projects; (bb) provide rigorous evaluation of project applications; (cc) determine which projects should receive awards, in accordance with guidelines established under subparagraph (C)(ii); (dd) establish milestones and associated award amounts for projects that reach milestones; (ee) determine whether awarded projects are reaching milestones; and (ff) develop a process to reallocate outstanding award amounts from projects that are not reaching milestones to other projects with more potential. (III) Conflict of interest Program Oversight Boards shall be composed of members who do not have a conflict of interest. Boards shall adopt conflict of interest policies to ensure relevant relationships are disclosed and proper recusal procedures are in place. (C) Grant and award amounts (i) Grant amounts Each Federal agency required by subparagraph (A) to carry out a grant program may make grants of up to $3,000,000 to a qualifying institution. (ii) Award amounts Each qualifying institution that receives a grant under subparagraph (B) shall provide awards for individual projects of not more than $100,000, to be provided in phased amounts, based on reaching the milestones established by the qualifying institution’s Program Oversight Board. (D) Authorized expenditures for Innovative Approaches to Technology Transfer Grant Program (i) Percentage The percentage of the extramural budget for research, or research and development, each Federal agency required by subsection (n) to establish an STTR program shall expend on the Innovative Approaches to Technology Transfer Grant Program shall be— (I) 0.05 percent for each of fiscal years 2014 and 2015; and (II) 0.1 percent for each of fiscal years 2016 and 2017. (ii) Treatment of expenditures Any portion of the extramural budget expended by a Federal agency on the Innovative Approaches to Technology Transfer Grant Program shall apply towards the agency’s expenditure requirements under subsection (n). (2) Program evaluation and data collection and dissemination (A) Evaluation plan and data collection Each Federal agency required by paragraph (1)(A) to establish an Innovative Approaches to Technology Transfer Grant Program shall develop a program evaluation plan and collect annually such information from grantees as is necessary to assess the Program. Program evaluation plans shall require the collection of data aimed at identifying outcomes resulting from the transfer of technology with assistance from the Innovative Approaches to Technology Transfer Grant Program. Such data may include— (i) specific follow-on funding identified or obtained, including follow-on funding sources, such as Federal sources or private sources, within 3 years of the completion of the award; (ii) the number of projects which, within 5 years of receiving an award under paragraph (1), result in a license to a start-up company or an established company with sufficient resources for effective commercialization; (iii) the number of invention disclosures received, United States patent applications filed, and United States patents issued within 5 years of the award; (iv) the number of projects receiving a grant under paragraph (1) that secure Phase I or Phase II SBIR or STTR awards; (v) available information on revenue, sales, or other measures of products that have been commercialized as a result of projects awarded under paragraph (1) within 5 years of the award; (vi) the number and location of jobs created resulting from projects awarded under paragraph (1); and (vii) other data as deemed appropriate by a Federal agency required by this subparagraph to develop a program evaluation plan. (B) Evaluative report to congress The head of each Federal agency that participates in the Innovative Approaches to Technology Transfer Grant Program shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate an evaluative report regarding the activities of the program. The report shall include— (i) a detailed description of the implementation of the program; (ii) a detailed description of the grantee selection process; (iii) an accounting of the funds used in the program; and (iv) a summary of the data collected under subparagraph (A). (C) Data dissemination For the purposes of program transparency and dissemination of best practices, the Administrator shall include on the public database under subsection (k)(1) information on the Innovative Approaches to Technology Transfer Grant Program, including— (i) the program evaluation plan required under subparagraph (A); (ii) a list of recipients by State of awards under paragraph (1); and (iii) information on the use of grants under paragraph (1) by recipient institutions. . V Networking and Information Technology Research and Development 501. Short title This title may be cited as the Advancing America’s Networking and Information Technology Research and Development Act of 2014 . 502. Program planning and coordination (a) Periodic reviews Section 101 of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511 ) is amended by adding at the end the following new subsection: (d) Periodic reviews The agencies identified in subsection (a)(3)(B) shall— (1) periodically assess the contents and funding levels of the Program Component Areas and restructure the Program when warranted, taking into consideration any relevant recommendations of the advisory committee established under subsection (b); and (2) ensure that the Program includes large-scale, long-term, interdisciplinary research and development activities, including activities described in section 104. . (b) Development of strategic plan Section 101 of such Act ( 15 U.S.C. 5511 ) is amended further by adding after subsection (d), as added by subsection (a) of this Act, the following new subsection: (e) Strategic plan (1) In general The agencies identified in subsection (a)(3)(B), working through the National Science and Technology Council and with the assistance of the National Coordination Office described under section 102, shall develop, within 12 months after the date of enactment of the Advancing America’s Networking and Information Technology Research and Development Act of 2014 , and update every 3 years thereafter, a 5-year strategic plan to guide the activities described under subsection (a)(1). (2) Contents The strategic plan shall specify near-term and long-term objectives for the Program, the anticipated time frame for achieving the near-term objectives, the metrics to be used for assessing progress toward the objectives, and how the Program will— (A) foster the transfer of research and development results into new technologies and applications for the benefit of society, including through cooperation and collaborations with networking and information technology research, development, and technology transition initiatives supported by the States; (B) encourage and support mechanisms for interdisciplinary research and development in networking and information technology, including through collaborations across agencies, across Program Component Areas, with industry, with Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 )), and with international organizations; (C) address long-term challenges of national importance for which solutions require large-scale, long-term, interdisciplinary research and development; (D) place emphasis on innovative and high-risk projects having the potential for substantial societal returns on the research investment; (E) strengthen all levels of networking and information technology education and training programs to ensure an adequate, well-trained workforce; and (F) attract more women and underrepresented minorities to pursue postsecondary degrees in networking and information technology. (3) National research infrastructure The strategic plan developed in accordance with paragraph (1) shall be accompanied by milestones and roadmaps for establishing and maintaining the national research infrastructure required to support the Program, including the roadmap required by subsection (a)(2)(E). (4) Recommendations The entities involved in developing the strategic plan under paragraph (1) shall take into consideration the recommendations— (A) of the advisory committee established under subsection (b); and (B) of the stakeholders whose input was solicited by the National Coordination Office, as required under section 102(b)(3). (5) Report to Congress The Director of the National Coordination Office shall transmit the strategic plan required under paragraph (1) to the advisory committee, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives. . (c) Additional responsibilities of director Section 101(a)(2) of such Act ( 15 U.S.C. 5511(a)(2) ) is amended— (1) in subparagraph (A) by inserting education, before and other activities ; (2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (3) by inserting after subparagraph (D) the following new subparagraph: (E) encourage and monitor the efforts of the agencies participating in the Program to allocate the level of resources and management attention necessary to ensure that the strategic plan under subsection (e) is developed and executed effectively and that the objectives of the Program are met; . (d) Advisory committee Section 101(b)(1) of such Act ( 15 U.S.C. 5511(b)(1) ) is amended— (1) after the first sentence, by inserting the following: The co-chairs of the advisory committee shall meet the qualifications of committee membership and may be members of the President’s Council of Advisors on Science and Technology. ; and (2) in subparagraph (D), by striking high-performance and inserting high-end . (e) Report Section 101(a)(3) of such Act ( 15 U.S.C. 5511(a)(3) ) is amended— (1) in subparagraph (B)— (A) by redesignating clauses (vii) through (xi) as clauses (viii) through (xii), respectively; and (B) by inserting after clause (vi) the following: (vii) the Department of Homeland Security; ; (2) in subparagraph (C)— (A) by striking is submitted, and inserting is submitted, the levels for the previous fiscal year, ; and (B) by striking each Program Component Area; and inserting each Program Component Area and research area supported in accordance with section 104; ; (3) in subparagraph (D)— (A) by striking each Program Component Area, and inserting each Program Component Area and research area supported in accordance with section 104, ; (B) by striking is submitted, and inserting is submitted, the levels for the previous fiscal year, ; and (C) by striking and after the semicolon; (4) by redesignating subparagraph (E) as subparagraph (G); and (5) by inserting after subparagraph (D) the following new subparagraphs: (E) include a description of how the objectives for each Program Component Area, and the objectives for activities that involve multiple Program Component Areas, relate to the objectives of the Program identified in the strategic plan required under subsection (e); (F) include— (i) a description of the funding required by the National Coordination Office to perform the functions specified under section 102(b) for the next fiscal year by category of activity; (ii) a description of the funding required by such Office to perform the functions specified under section 102(b) for the current fiscal year by category of activity; and (iii) the amount of funding provided for such Office for the current fiscal year by each agency participating in the Program; and . (f) Definition Section 4 of such Act ( 15 U.S.C. 5503 ) is amended— (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; (2) by inserting before paragraph (2), as so redesignated, the following new paragraph: (1) cyber-physical systems means physical or engineered systems whose networking and information technology functions and physical elements are deeply integrated and are actively connected to the physical world through sensors, actuators, or other means to perform monitoring and control functions; ; (3) in paragraph (3), as so redesignated, by striking high-performance computing and inserting networking and information technology ; (4) in paragraph (4), as so redesignated— (A) by striking “high-performance computing” and inserting “networking and information technology”; and (B) by striking “supercomputer” and inserting “high-end computing”; (5) in paragraph (6), as so redesignated, by striking network referred to as and all that follows through the semicolon and inserting network, including advanced computer networks of Federal agencies and departments; ; and (6) in paragraph (7), as so redesignated, by striking National High-Performance Computing Program and inserting networking and information technology research and development program . 503. Large-scale research in areas of national importance Title I of such Act ( 15 U.S.C. 5511 ) is amended by adding at the end the following new section: 104. Large-scale research in areas of national importance (a) In general The Program shall encourage agencies identified in section 101(a)(3)(B) to support large-scale, long-term, interdisciplinary research and development activities in networking and information technology directed toward application areas that have the potential for significant contributions to national economic competitiveness and for other significant societal benefits. Such activities, ranging from basic research to the demonstration of technical solutions, shall be designed to advance the development of research discoveries. The advisory committee established under section 101(b) shall make recommendations to the Program for candidate research and development areas for support under this section. (b) Characteristics (1) In general Research and development activities under this section shall— (A) include projects selected on the basis of applications for support through a competitive, merit-based process; (B) involve collaborations among researchers in institutions of higher education and industry, and may involve nonprofit research institutions and Federal laboratories, as appropriate; (C) when possible, leverage Federal investments through collaboration with related State initiatives; and (D) include a plan for fostering the transfer of research discoveries and the results of technology demonstration activities, including from institutions of higher education and Federal laboratories, to industry for commercial development. (2) Cost-sharing In selecting applications for support, the agencies shall give special consideration to projects that include cost sharing from non-Federal sources. (3) Agency collaboration If 2 or more agencies identified in section 101(a)(3)(B), or other appropriate agencies, are working on large-scale research and development activities in the same area of national importance, then such agencies shall strive to collaborate through joint solicitation and selection of applications for support and subsequent funding of projects. (4) Interdisciplinary research centers Research and development activities under this section may be supported through interdisciplinary research centers that are organized to investigate basic research questions and carry out technology demonstration activities in areas described in subsection (a). Research may be carried out through existing interdisciplinary centers, including those authorized under section 7024(b)(2) of the America COMPETES Act ( Public Law 110–69 ; 42 U.S.C. 1862o–10). . 504. Cyber-physical systems (a) Additional Program characteristics Section 101(a)(1) of such Act ( 15 U.S.C. 5511(a)(1) ) is amended— (1) in subparagraph (H), by striking and after the semicolon; (2) in subparagraph (I)— (A) by striking improving the security and inserting improving the security, reliability, and resilience ; and (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: (J) provide for increased understanding of the scientific principles of cyber-physical systems and improve the methods available for the design, development, and operation of cyber-physical systems that are characterized by high reliability, safety, and security; and (K) provide for research and development on human-computer interactions, visualization, and big data. . (b) Workshop Title I of such Act ( 15 U.S.C. 5511 ) is amended further by adding after section 104, as added by section 503 of this Act, the following new section: 105. University/Industry Workshop (a) Establishment Not later than 1 year after the date of enactment of the Advancing America’s Networking and Information Technology Research and Development Act of 2014 , the Director of the National Coordination Office shall convene a workshop, with participants from institutions of higher education, Federal laboratories, and industry, to explore mechanisms for carrying out collaborative research and development activities for cyber-physical systems, including the related technologies required to enable these systems, and to develop grand challenges in cyber-physical systems research and development. (b) Functions The workshop participants shall— (1) develop options for models for research and development partnerships among institutions of higher education, Federal laboratories, and industry, including mechanisms for the support of research and development carried out under these partnerships; (2) develop options for grand challenges in cyber-physical systems research and development that would be addressed through such partnerships; (3) propose guidelines for assigning intellectual property rights and for the transfer of research results to the private sector; and (4) make recommendations for how Federal agencies participating in the Program can help support research and development partnerships in cyber-physical systems, including through existing or new grant programs. (c) Participants The Director of the National Coordination Office shall ensure that participants in the workshop are individuals with knowledge and expertise in cyber-physical systems and that participants represent a broad mix of relevant stakeholders, including academic and industry researchers, cyber-physical systems and technologies manufacturers, cyber-physical systems and technologies users, and, as appropriate, Federal Government regulators. (d) Report Not later than 18 months after the date of enactment of the Advancing America’s Networking and Information Technology Research and Development Act of 2014 , the Director of the National Coordination Office shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report describing the findings and recommendations resulting from the workshop required under this section. . 505. Cloud computing services for research Title I of such Act ( 15 U.S.C. 5511 ) is amended further by adding after section 105, as added by section 504(b) of this Act, the following new section: 106. Cloud computing services for research (a) Interagency working group Not later than 180 days after the date of enactment of the Advancing America’s Networking and Information Technology Research and Development Act of 2014 , the Director of the National Coordination Office, working through the National Science and Technology Council, shall convene an interagency working group to examine— (1) the research and development needed— (A) to enhance the effectiveness and efficiency of cloud computing environments; (B) to increase the trustworthiness of cloud applications and infrastructure; and (C) to enhance the foundations of cloud architectures, programming models, and interoperability; and (2) how Federal science agencies can facilitate the use of cloud computing for federally funded science and engineering research, including— (A) making recommendations on changes in funding mechanisms, budget models, and policies needed to remove barriers to the adoption of cloud computing services for research and for data preservation and sharing; and (B) providing guidance to organizations and researchers on opportunities and guidelines for using cloud computing services for federally supported research and related activities. (b) Consultation In carrying out the tasks in paragraphs (1) and (2) of subsection (a), the working group shall consult with academia, industry, Federal laboratories, and other relevant organizations and institutions, as appropriate. (c) Report Not later than 1 year after the date of enactment of the Advancing America’s Networking and Information Technology Research and Development Act of 2014 , the Director of the National Coordination Office shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the findings and any recommendations of the working group. (d) Termination The interagency working group shall terminate upon transmittal of the report required under subsection (c). . 506. National Coordination Office Section 102 of such Act ( 15 U.S.C. 5512 ) is amended to read as follows: 102. National Coordination Office (a) Office The Director shall continue a National Coordination Office with a Director and full-time staff. (b) Functions The National Coordination Office shall— (1) provide technical and administrative support to— (A) the agencies participating in planning and implementing the Program, including such support as needed in the development of the strategic plan under section 101(e); and (B) the advisory committee established under section 101(b); (2) serve as the primary point of contact on Federal networking and information technology activities for government organizations, academia, industry, professional societies, State computing and networking technology programs, interested citizen groups, and others to exchange technical and programmatic information; (3) solicit input and recommendations from a wide range of stakeholders during the development of each strategic plan required under section 101(e) through the convening of at least 1 workshop with invitees from academia, industry, Federal laboratories, and other relevant organizations and institutions; (4) conduct public outreach, including the dissemination of findings and recommendations of the advisory committee, as appropriate; and (5) promote access to and early application of the technologies, innovations, and expertise derived from Program activities to agency missions and systems across the Federal Government and to United States industry. (c) Source of funding (1) In general The operation of the National Coordination Office shall be supported by funds from each agency participating in the Program. (2) Specifications The portion of the total budget of such Office that is provided by each agency for each fiscal year shall be in the same proportion as each such agency’s share of the total budget for the Program for the previous fiscal year, as specified in the report required under section 101(a)(3). . 507. Improving networking and information technology education Section 201(a) of such Act ( 15 U.S.C. 5521(a) ) is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following new paragraph: (2) the National Science Foundation shall use its existing programs, in collaboration with other agencies, as appropriate, to improve the teaching and learning of networking and information technology at all levels of education and to increase participation in networking and information technology fields, including by women and underrepresented minorities; . 508. Conforming and technical amendments (a) Section 3 Section 3 of such Act ( 15 U.S.C. 5502 ) is amended— (1) in the matter preceding paragraph (1), by striking high-performance computing and inserting networking and information technology ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking high-performance computing and inserting networking and information technology ; (B) in subparagraphs (A), (F), and (G), by striking high-performance computing each place it appears and inserting networking and information technology ; and (C) in subparagraph (H), by striking high-performance and inserting high-end ; and (3) in paragraph (2)— (A) by striking high-performance computing and and inserting networking and information technology and ; and (B) by striking high-performance computing network and inserting networking and information technology . (b) Title I The heading of title I of such Act ( 15 U.S.C. 5511 ) is amended by striking High-Performance Computing and inserting Networking and Information Technology . (c) Section 101 Section 101 of such Act ( 15 U.S.C. 5511 ) is amended— (1) in the section heading, by striking High-Performance Computing and inserting Networking and Information Technology Research and Development ; (2) in subsection (a)— (A) in the subsection heading, by striking National High-Performance Computing and inserting Networking and Information Technology Research and Development ; (B) in paragraph (1) of such subsection— (i) in the matter preceding subparagraph (A), by striking National High-Performance Computing Program and inserting networking and information technology research and development program ; (ii) in subparagraph (A), by striking high-performance computing, including networking and inserting networking and information technology ; (iii) in subparagraphs (B) and (G), by striking high-performance each place it appears and inserting high-end ; and (iv) in subparagraph (C), by striking high-performance computing and networking and inserting high-end computing, distributed, and networking ; and (C) in paragraph (2) of such subsection— (i) in subparagraphs (A) and (C)— (I) by striking high-performance computing each place it appears and inserting networking and information technology ; and (II) by striking development, networking, each place it appears and inserting development, ; and (ii) in subparagraphs (F) and (G), as redesignated by section 2(c)(1) of this Act, by striking high-performance each place it appears and inserting high-end ; (3) in subsection (b)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking high-performance computing both places it appears and inserting networking and information technology ; and (B) in paragraph (2), in the second sentence, by striking 2 and inserting 3 ; and (4) in subsection (c)(1)(A), by striking high-performance computing and inserting networking and information technology . (d) Section 201 Section 201(a)(1) of such Act ( 15 U.S.C. 5521(a)(1) ) is amended by striking high-performance computing and all that follows through networking; and inserting networking and information research and development; . (e) Section 202 Section 202(a) of such Act ( 15 U.S.C. 5522(a) ) is amended by striking high-performance computing and inserting networking and information technology . (f) Section 203 Section 203(a) of such Act ( 15 U.S.C. 5523(a)(1) ) is amended— (1) in paragraph (1), by striking high-performance computing and networking and inserting networking and information technology ; and (2) in paragraph (2)(A), by striking high-performance and inserting high-end . (g) Section 204 Section 204 of such Act ( 15 U.S.C. 5524 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A), by striking high-performance computing systems and networks and inserting networking and information technology systems and capabilities ; (B) in subparagraph (B), by striking interoperability of high-performance computing systems in networks and for common user interfaces to systems and inserting interoperability and usability of networking and information technology systems ; and (C) in subparagraph (C), by striking high-performance computing and inserting networking and information technology ; and (2) in subsection (b)— (A) in the heading, by striking High-Performance Computing and Network and inserting Networking and Information Technology ; and (B) by striking sensitive . (h) Section 205 Section 205(a) of such Act ( 15 U.S.C. 5525(a) ) is amended by striking computational and inserting networking and information technology . (i) Section 206 Section 206(a) of such Act ( 15 U.S.C. 5526(a) ) is amended by striking computational research and inserting networking and information technology research . (j) Section 207 Section 207(b) of such Act ( 15 U.S.C. 5527(b) ) is amended by striking high-performance computing and inserting networking and information technology . (k) Section 208 Section 208 of such Act ( 15 U.S.C. 5528 ) is amended— (1) in the section heading, by striking High-Performance Computing and inserting Networking and Information Technology ; and (2) in subsection (a)— (A) in paragraph (1), by striking High-performance computing and associated and inserting Networking and information ; (B) in paragraph (2), by striking high-performance computing and inserting networking and information technologies ; (C) in paragraph (3), by striking high-performance and inserting high-end ; (D) in paragraph (4), by striking high-performance computers and associated and inserting networking and information ; and (E) in paragraph (5), by striking high-performance computing and associated and inserting networking and information .
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113-hr-4187
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I 113th CONGRESS 2d Session H. R. 4187 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Roskam (for himself and Mr. Danny K. Davis of Illinois ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 amend title XVIII of the Social Security Act to encourage the development and use of new antimicrobial drugs, and for other purposes.
1. Short title This Act may be cited as the Developing an Innovative Strategy for Antimicrobial Resistant Microorganisms Act of 2014 and as the DISARM Act of 2014 . 2. Encouraging the development and use of new antimicrobial drugs (a) Additional payment for new antimicrobial drugs under Medicare (1) In general Section 1886(d)(5) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5) ) is amended by adding at the end the following new subparagraph: (M) (i) Effective for discharges beginning on or after October 1, 2014, the Secretary shall, after notice and opportunity for public comment (in the publications required by subsection (e)(5) for a fiscal year or otherwise), recognize the costs of new antimicrobial drugs under the payment system established under this subsection. (ii) Pursuant to clause (i), the Secretary shall provide for additional payment to be made under this subsection with respect to discharges involving new antimicrobial drugs in the amount provided for under section 1847A for drugs and biologicals that are described in section 1842(o)(1)(C). (iii) For purposes of this subparagraph, the term new antimicrobial drug means a product that is approved for use, or a product for which an indication is first approved for use, by the Federal Food and Drug Administration on or after January 1, 2014, and that— (I) is indicated to treat an infection caused by, or likely to be caused by, a qualifying pathogen (as defined under section 505E(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355f(f) )) for which there is an unmet medical need and which is associated with high rates of mortality or significant patient morbidity (as determined by the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention and the infectious disease professional community); and (II) is used in facilities that participate in the Antimicrobial Use and Resistance Module of the National Healthcare Safety Network of the Centers for Disease Control and Prevention (or, in the case that such Module is not available, is used in facilities that participate in such successor or similar reporting module or program relating to antimicrobials as the Secretary shall specify to the extent available to such facilities, as determined by the Secretary). (iv) Not later than July 1, 2014, the Secretary shall first publish in the Federal Register a list of the new antimicrobial drugs. . (2) Budget neutrality Section 1886(d)(3)(C) of the Social Security Act ( 42 U.S.C. 1395ww(d)(3)(C) ) is amended by adding at the end the following new clause: (iii) Maintaining budget neutrality for certain antimicrobial drugs For discharges occurring in a fiscal year beginning with fiscal year 2015, the Secretary shall further reduce each of the average standardized amounts in an amount equal to the amount of the net additional expenditures, if any, in such fiscal year resulting from the application of paragraph (5)(M). . (b) Study and report on removing barriers to development of new antimicrobial drugs (1) Study The Comptroller General of the United States shall, in consultation with the Director of the United States Patent and Trademark Office, the Director of the National Institutes of Health, the Commissioner of Food and Drugs, and the Director of the Centers for Disease Control and Prevention, conduct a study to— (A) identify and examine the barriers that prevent the development of new antimicrobial drugs, as defined in section 1886(d)(5)(M)(iii) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(M)(iii)); and (B) develop recommendations for actions to be taken in order to overcome any barriers identified under subparagraph (A). (2) Report Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1).
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113-hr-4188
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I 113th CONGRESS 2d Session H. R. 4188 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Renacci (for himself, Mr. Heck of Nevada , Mr. Joyce , Mr. Ryan of Ohio , Mr. Fitzpatrick , Mr. Turner , Mr. Kelly of Pennsylvania , Mrs. Capito , Mr. Stivers , Mr. Tiberi , Mr. LaMalfa , Mr. Perry , Mr. Sam Johnson of Texas , Mr. Gibbs , Mr. Chabot , Mr. Meehan , Mr. Johnson of Ohio , Mr. Carney , Mr. Johnson of Georgia , Mr. Engel , Ms. Kaptur , Mr. David Scott of Georgia , and Ms. Eddie Bernice Johnson of Texas ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to adjust the Medicare hospital readmission reduction program to respond to patient disparities, and for other purposes.
1. Short title This Act may be cited as the Establishing Beneficiary Equity in the Hospital Readmission Program Act . 2. Adjusting the Medicare hospital readmission reduction program to respond to patient disparities (a) Removal of certain readmissions Section 1886(q)(5)(E) of the Social Security Act ( 42 U.S.C. 1395ww(q)(5)(E) ) is amended by adding at the end the following: Such term does not include an admission that is classified within one or more of the following: transplants, end-stage renal disease, burns, trauma, psychosis, or substance abuse. . (b) Adjustment for dual eligible population Section 1886(q)(4)(C) of the Social Security Act ( 42 U.S.C. 1395ww(q)(4)(C) ) is amended by adding at the end the following new clause: (iii) Adjustment for dual eligibles In applying clause (i), the Secretary shall provide for such risk adjustment as will take into account a hospital’s proportion of inpatients who are full-benefit dual eligible individuals (as defined in section 1935(c)(6)) in order to ensure that hospitals that treat the most vulnerable populations are not unfairly penalized by the program under this subsection. . (c) MedPAC study on 30-Day readmission threshold The Medicare Payment Advisory Commission shall conduct a study on the appropriateness of using a threshold of 30 days for readmissions under section 1886(q)(5)(E) of the Social Security Act ( 42 U.S.C. 1395ww(q)(5)(E) ). The Commission shall submit to Congress a report on such study in its report to Congress in June 2014. (d) Addressing issue of noncompliant patients Section 1886(q)(4)(C) of the Social Security Act ( 42 U.S.C. 1395ww(q)(4)(C) ), as amended by subsection (b), is further amended by adding at the end the following new clause: (iv) Consideration of exclusion of noncompliant patient cases based on V codes In promulgating regulations to carry out this subsection for the applicable period with respect to fiscal year 2015, the Secretary shall consider the use of V codes for potential exclusions of cases in order to address the issue of noncompliant patients. . (e) Effective date; budget neutral implementation (1) The amendments made by this section shall be effective for applicable periods with respect to fiscal year 2015 and each succeeding fiscal year. (2) The Secretary of Health and Human Services shall make such payment adjustment to subsection (d) hospitals under the inpatient prospective payment system under section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) as may be necessary to ensure that the implementation of the amendments made by this section do not result in an increase in aggregate expenditures under such section.
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113-hr-4189
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I 113th CONGRESS 2d Session H. R. 4189 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Stivers introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 4000 Leap Road in Hilliard, Ohio, as the Sergeant Shawn T. Hannon and Master Sergeant Jeffrey J. Rieck and Veterans Memorial Post Office Building .
1. Sergeant Shawn T. Hannon and Master Sergeant Jeffrey J. Rieck and Veterans Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 4000 Leap Road in Hilliard, Ohio, shall be known and designated as the Sergeant Shawn T. Hannon and Master Sergeant Jeffrey J. Rieck and Veterans Memorial Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Sergeant Shawn T. Hannon and Master Sergeant Jeffrey J. Rieck and Veterans Memorial Post Office Building .
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113-hr-4190
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I 113th CONGRESS 2d Session H. R. 4190 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Guthrie (for himself, Mr. Butterfield , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for coverage under the Medicare program of pharmacist services.
1. Medicare coverage of pharmacist services (a) Coverage Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) by striking and at the end of subparagraph (EE); (2) by adding and at the end of subparagraph (FF); and (3) by inserting after subparagraph (FF) the following new subparagraph: (GG) pharmacist services furnished by a pharmacist, as licensed by State law, individually or on behalf of a pharmacy provider— (i) which the pharmacist is legally authorized to perform in the State in which the individual performs such services; (ii) as would otherwise be covered under this part if furnished by a physician, or as an incident to a physician’s service; and (iii) in a setting located in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act), medically underserved area, or medically underserved population (as defined in section 330(b)(3) of such Act); . (b) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (1) by striking and (Z) and inserting (Z) ; and (2) by inserting before the semicolon at the end the following: (AA) with respect to pharmacist services (as defined in section 1861(s)(2)(GG)), the amounts paid shall be equal to 80 percent of the lesser of the actual charge or 85 percent of the fee schedule amount provided under section 1848 if such services had been furnished by a physician . (c) Effective date; Pharmacist specific codes (1) Effective date The amendments made by subsections (a) and (b) shall apply with respect to services furnished on or after January 1, 2015. (2) Pharmacist specific codes The Secretary of Health and Human Services shall develop pharmacist specific codes, as necessary, under the physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ).
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113-hr-4191
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I 113th CONGRESS 2d Session H. R. 4191 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Walz (for himself, Mr. Barber , Mr. Denham , Ms. Esty , Ms. Frankel of Florida , Ms. Kuster , and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the treatment of medical evidence provided by non-Department of Veterans Affairs medical professionals in support of claims for disability compensation under the laws administered by the Secretary of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Quicker Veterans Benefits Delivery Act . 2. Treatment of medical evidence provided by non-Department of Veterans Affairs medical professionals in support of claims for disability compensation (a) Acceptance of reports of private physician examinations Section 5125 of such title is amended— (1) by striking For purposes and inserting (a) In general.— ; (2) by striking may and inserting shall ; and (3) by adding at the end the following new subsection: (b) Sufficiently complete defined For purposes of a report described in subsection (a), the term sufficiently complete means competent, credible, probative, and containing such information as may be required to make a decision on the claim for which the report is provided. . (b) Effective date The amendment made by subsection (a) shall apply with respect to medical evidence submitted after the date that is 90 days after the date of the enactment of this Act. 3. Report on progress of Acceptable Clinical Evidence initiative (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the progress of the Acceptable Clinical Evidence initiative of the Department of Veterans Affairs in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 of title 38, United States Code, as amended by section 2. (b) Contents of report The report required by subsection (a) shall include the following: (1) The number of claims eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the enactment of this Act, disaggregated by fiscal year. (2) The total number of claims eligible for the Acceptable Clinical Evidence initiative that required a medical examiner of the Department to supplement the evidence with information obtained during a telephone interview with a claimant. (3) Information on any other initiatives or efforts of the Department to further encourage the use of private medical evidence and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim. (4) The anticipated impact on the timeline and accuracy of a decision on a claim for benefits under chapter 11 or 15 of title 38, United States Code, if the Secretary were prohibited from requesting a medical examination in the case of a claim in support of which a claimant submits medical evidence and a medical opinion provided by a private physician that is competent, credible, probative, and otherwise adequate for the purpose of making a decision on that claim. (5) Recommendations on how the Department can measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim. 4. Annual report Not later than March 1 of each year, the Secretary of Veterans Affairs shall submit to Congress a report that includes, for the calendar year preceding the year in which the report is submitted, the following for each regional office of the Department of Veterans Affairs: (1) The number of times a veteran who submitted private medical evidence in support of a claim for compensation or pension under the laws administered by the Secretary was scheduled for an examination performed by Department personnel because the private medical evidence submitted was determined to be unacceptable. (2) The most common reasons why private medical evidence submitted in support of claims for benefits under the laws administered by the Secretary was determined to be unacceptable. (3) The types of disabilities for which claims for benefits under the laws administered by the Secretary were mostly commonly denied when private medical evidence was submitted.
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113-hr-4192
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I 113th CONGRESS 2d Session H. R. 4192 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Issa (for himself and Ms. Norton ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the Act entitled An Act to regulate the height of buildings in the District of Columbia to clarify the rules of the District of Columbia regarding human occupancy of penthouses above the top story of the building upon which the penthouse is placed.
1. Clarification of rules applying to human occupancy of penthouses in district of columbia buildings (a) Permitting Human Occupancy of Penthouses Within Certain Height Limit The eighth paragraph of section 5 of the Act entitled An Act to regulate the height of buildings in the District of Columbia , approved June 1, 1910 (sec. 6–601.05(h), D.C. Official Code) is amended by striking and no floor or compartment thereof shall be constructed or used for human occupancy above the top story of the building upon which such structures are placed and inserting and, except in the case of a penthouse which is erected to a height of one story of 20 feet or less above the level of the roof, no floor or compartment thereof shall be constructed or used for human occupancy above the top story of the building upon which such structures are placed . (b) Effective Date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4192ih/xml/BILLS-113hr4192ih.xml
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113-hr-4193
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I 113th CONGRESS 2d Session H. R. 4193 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Issa (for himself, Mr. Cummings , Mr. Woodall , Mr. Lynch , Mr. Connolly , and Mr. Farenthold ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to change the default investment fund under the Thrift Savings Plan, and for other purposes.
1. Short title This Act may be cited as the Smart Savings Act . 2. Thrift Savings Plan default investment fund (a) In general Section 8438(c)(2) of title 5, United States Code, is amended to read as follows: (2) (A) Consistent with the requirements of subparagraph (B), if an election has not been made with respect to any sums available for investment in the Thrift Savings Fund, the Executive Director shall invest such sums in an age-appropriate target date asset allocation investment fund, as determined by the Executive Director. Such investment fund shall consist of any of the funds described in subsection (b). (B) If an election has not been made by an eligible member under section 8440e with respect to any sums available for investment in such member’s Thrift Savings Fund account, the Executive Director shall invest such sums in the Government Securities Investment Fund. . (b) Acknowledgment of risk Section 8439(d) of title 5, United States Code, is amended— (1) by inserting (1) before Each employee ; and (2) by adding at the end the following new paragraph: (2) Prior to enrollment in the Thrift Savings Plan, an individual covered by section 8438(c)(2)(A) shall sign the risk acknowledgment described under paragraph (1). . (c) Technical and conforming amendment Section 8472(g)(2) of title 5, United States Code, is amended by striking required by section 8438 of this title to be invested in securities of the Government and inserting under section 8438(c)(2)(B) . (d) Guidance Not later than 9 months after the date of enactment of this Act, the Executive Director (as that term is defined under section 8401(13) of title 5, United States Code) shall develop and issue guidance implementing the requirements of this Act. (e) Effective date and application The amendments made by subsections (a) and (b) shall— (1) take effect on the date that the Executive Director issues guidance under subsection (d); and (2) apply to individuals enrolled in the Thrift Savings Plan on or after such date.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4193ih/xml/BILLS-113hr4193ih.xml
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113-hr-4194
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I 113th CONGRESS 2d Session H. R. 4194 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Issa (for himself, Mr. Connolly , and Mr. Woodall ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for the elimination or modification of Federal reporting requirements.
1. Short title This Act may be cited as the Government Reports Elimination Act of 2014 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Department of Agriculture Sec. 101. Reports eliminated. Title II—Department of Commerce Sec. 201. Reports eliminated. Title III—Corporation for National and Community Service Sec. 301. Reports eliminated. Title IV—Department of Defense Sec. 401. Reports eliminated. Title V—Department of Education Sec. 501. Report on Impact Aid construction justifying discretionary grant awards eliminated. Title VI—Department of Energy Sec. 601. Reports eliminated. Title VII—Environmental Protection Agency Sec. 701. Reports eliminated. Title VIII—Executive Office of the President Sec. 801. Report relating to waiver of certain sanctions against North Korea eliminated. Title IX—Government Accountability Office Sec. 901. Reports eliminated. Sec. 902. Reports modified. Title X—Department of Homeland Security Sec. 1001. Reports eliminated. Title XI—Department of Housing and Urban Development Sec. 1101. Reports eliminated. Title XII—Department of the Interior Sec. 1201. Reports eliminated. Title XIII—Department of Labor Sec. 1301. Reports eliminated. Title XIV—National Aeronautics and Space Administration Sec. 1401. Reports eliminated. Title XV—Office of the Director of National Intelligence Sec. 1501. Reports eliminated. Title XVI—Department of State Sec. 1601. Reports eliminated. Title XVII—Department of Transportation Sec. 1701. Reports eliminated. Sec. 1702. Reports modified. Title XVIII—Department of the Treasury Sec. 1801. Reports eliminated. Title XIX—Department of Veterans Affairs Sec. 1901. Reports eliminated. I Department of Agriculture 101. Reports eliminated (a) Information on administrative expenses on commodity promotion programs Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7401 ) is amended— (1) by striking subsection (d); and (2) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (b) Unfair trade practices report and related meeting Section 108 of the Act of August 28, 1954 (commonly known as the Agricultural Act of 1954; 7 U.S.C. 1748) is repealed. (c) Farmland Protection Policy Act annual report Section 1546 of the Agriculture and Food Act of 1981 ( 7 U.S.C. 4207 ) is repealed. (d) Peanut base acres data collection and publication Section 1302(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8752(d) ) is amended by striking paragraph (3). (e) Other base acres data collection and publication Section 1101(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8711(d) ) is amended by striking paragraph (3). (f) Beginning farmer and rancher individual development accounts pilot program report Section 333B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1983b ) is amended by striking subsection (e) and redesignating subsections (f) through (h) as subsections (e) through (g), respectively. (g) Rural broadband access program report Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ) is amended— (1) in subsection (d)(1)(B), by striking (k) and inserting (j) ; and (2) by striking subsection (j) and redesignating subsections (k) and (l) as subsections (j) and (k), respectively. (h) Report on export credit guarantees to emerging markets Section 1542(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( Public Law 101–624 ; 7 U.S.C. 5622 note) is amended— (1) by striking (1) Effect of credits .— ; and (2) by striking paragraph (2). (i) Commodity Credit Corporation Quarterly Report Section 13 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714k ) is amended by striking the second sentence. (j) Evaluation of the rural development, business and industry guaranteed loan program financing of locally or regionally produced food products Section 310B(g)(9)(B) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(9)(B) ) is amended by striking clause (iv) and redesignating clause (v) as clause (iv). (k) Early childhood nutrition education grantee evaluations and report Section 119(j) of the Child Nutrition and WIC Reauthorization Act of 2004 ( Public Law 108–265 ; 42 U.S.C. 1766 note) is amended by striking paragraphs (4) and (5). (l) United States Grain Standards Act reports Section 17B of the United States Grain Standards Act ( 7 U.S.C. 87f–2 ) is repealed. (m) Listing of areas rural in character Section 6018 of the Food, Conservation, and Energy Act of 2008 (122 Stat. 1933; Public Law 110–246 ) is amended— (1) by striking (a) Rural Area.— ; and (2) by striking subsection (b). (n) Notifications to Congress on release of names and addresses of producers operating under marketing agreements and orders Section 8d(2) of the Agricultural Adjustment Act ( 7 U.S.C. 608d(2) ) is amended by striking The Secretary shall notify the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives not later than 10 legislative days before the contemplated release under law, of the names and addresses of producers participating in such marketing agreements and orders, and shall include in such notice a statement of reasons relied upon by the Secretary in making the determination to release such names and addresses. . (o) Plant pest and disease management and disaster prevention action plans reports Section 420(c) of the Plant Protect Act ( 7 U.S.C. 7721(c) ) is amended by striking paragraph (3). (p) Progress report on new or specialty crop insurance coverage Section 508(a)(6) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1508(a)(6) ) is amended— (1) by striking subparagraph (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (q) Quarterly export assistance reports Section 603 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5713 ) is repealed. (r) Rural collaborative investment program (1) Secretarial report on regional rural investment boards Section 385C(b)(7) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009dd–2(b)(7) ) is amended— (A) by adding and at the end of subparagraph (B); (B) by striking ; and at the end of subparagraph (C) and inserting a period; and (C) by striking subparagraph (D). (2) Report by regional rural investment board to national rural investment board and the secretary Section 385D(a)(7) of such Act ( 7 U.S.C. 2009dd–3(a)(7) ) is amended— (A) by adding and at the end of subparagraph (C); and (B) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (s) Status Report for Food for Progress Program Subsection (j) of the Food for Progress Act of 1985 ( 7 U.S.C. 1736o ) is amended by striking paragraph (3). (t) Status Report for Foreign market development Section 702 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5722 ) is amended by striking subsection (c). (u) Technical assistance for specialty crops status reports Section 3205 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5680 ) is amended— (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d). (v) Southeastern Alaska timber reports Section 706 of the Alaska National Interest Lands Conservation Act is repealed. II Department of Commerce 201. Reports eliminated (a) Educationally useful Federal equipment Section 6(b)(2) of the Technology Administration Act of 1998 ( 15 U.S.C. 272 note) is repealed. (b) Highly migratory species Section 308 of the Atlantic Tunas Convention Act of 1975 ( 16 U.S.C. 971j ) is repealed. (c) Efforts and progress in becoming designated as sea grant college or institute Section 207 of the National Sea Grant Program Act ( 33 U.S.C. 1126 ) is amended by striking subsection (e). (d) Coordination of oceans and coastal research activities between NOAA and NSF Section 9 of the National Sea Grant Program Act Amendments of 2002 ( 33 U.S.C. 857–20 ) is repealed. (e) Enterprise integration standardization and implementation Section 3(c) of the Enterprise Integration Act of 2001 ( 15 U.S.C. 278g–5 note) is repealed. (f) Ensuring equal access to sea grant fellowship program Section 208(a) of the National Sea Grant Program Act ( 33 U.S.C. 1127(a) ) is amended by striking the third sentence. (g) TIP activities Section 28(g) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(g) ) is repealed. (h) TIP advisory board annual report Section 28(k)(5) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(k)(5) ) is repealed. (i) Northwest Atlantic fisheries activities Section 212 of the Northwest Atlantic Fisheries Convention Act of 1995 ( 16 U.S.C. 5611 ) is repealed. III Corporation for National and Community Service 301. Reports eliminated (a) Reports by Other Federal Agencies to the Corporation Section 182 of the National and Community Service Act of 1990 ( 42 U.S.C. 12642 ) is amended by striking subsection (b). (b) Service-Learning Impact Study The National and Community Service Act of 1990 ( 42 U.S.C. 12565 ) is amended by repealing part IV of subtitle B of title I. IV Department of Defense 401. Reports eliminated (a) Amendments to national defense authorization acts (1) Price trend analysis for supplies and equipment purchased by the Department of Defense Section 892 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4310; 10 U.S.C. 2306a note) is repealed. (2) Display of annual budget requirements for air sovereignty alert mission Section 354 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 221 note) is hereby repealed. (3) Submission of determination of the Secretary of Defense to provide protection to certain individuals Section 1074(B) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 113 note) is amended by striking paragraph (6). (4) Annual report on reliability of Department of Defense financial statements Section 1008 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 10 U.S.C. 113 note) is amended— (A) by striking subsections (a) and (b); and (B) in subsection (d), by striking (b) or . (5) Annual report on implementation of satellite technology safeguards Section 1409 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 ; 22 U.S.C. 2278 note) is amended by striking subsection (b). (6) Economic adjustment committee report Section 4004(d) of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 ; 10 U.S.C. 2391 note) is amended— (A) by inserting and at the end of paragraph (1); (B) by striking ; and at the end of paragraph (2) and inserting a period; and (C) by striking paragraph (3). (b) Amendments to title 10 (1) Quarterly submittal to Congress of joint readiness reviews Section 117 of title 10, United States Code, is amended— (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (2) Annual report on emergency and extraordinary expenses Section 127 of title 10, United States Code, is amended by striking subsection (d). (3) Report on assistance provided to foreign nations to account for missing U.S. personnel Section 408 of title 10, United States Code, is amended by striking subsection (f). (4) Annual report on industrial base policy guidance (A) Repeal Section 2504 of title 10, United States Code, is repealed. (B) Clerical amendment The table of sections at the beginning of chapter 148 of such title is amended by striking the item relating to section 2504. (C) Conforming amendment Section 2506 of such title is amended— (i) by striking (a) Departmental Guidance.— ; and (ii) by striking subsection (b). (5) Inclusion of net floor area in requests to build military family housing Section 2826 of title 10, United States Code, is amended— (A) by striking (a) Local comparability .— ; and (B) by striking subsection (b). (c) Amendment to Small Business Act commercialization readiness program Section 9(y)(5) of the Small Business Act ( 15 U.S.C. 638(y)(5) ) is amended— (1) by striking subparagraph (B); (2) by striking authorized to— through establish goals and inserting authorized to establish goals ; and (3) by striking ; and at the end and inserting a period. V Department of Education 501. Report on Impact Aid construction justifying discretionary grant awards eliminated Section 8007 of such Act ( 20 U.S.C. 7707 ) is amended by striking subsection (b). VI Department of Energy 601. Reports eliminated (a) Science and engineering education pilot program Section 983(d) of the Energy Policy Act of 2005 ( 42 U.S.C. 16323(d) ) is repealed. (b) Study on the benefits of economic dispatch Sections 1234 and 1832 of the Energy Policy Act of 2005 ( 42 U.S.C. 16432 , 16524) are repealed. (c) Geothermal resource potential Section 621(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17200(a) ) is repealed. (d) H-Prize Section 1008(f)(6) of the Energy Policy Act of 2005 ( 42 U.S.C. 16396(f)(6) ) is repealed. (e) International advanced computing sales Section 3157 of the National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is repealed. (f) Industrial energy intensity Section 106(f) of Energy Policy Act of 2005 ( 42 U.S.C. 15811(f) ) is repealed. (g) Strategic unconventional fuels development program Section 369(i)(3) of Energy Policy Act of 2005 ( 42 U.S.C. 15927(i)(3) ) is repealed. (h) Dissemination of certain unclassified information Section 148(e) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2168(e) ) is repealed. (i) Energy efficiency standards for industrial equipment Section 342(a)(6)(C)(v) of Energy Policy and Conservation Act ( 42 U.S.C. 6313(a)(6)(C)(v) ) is repealed. VII Environmental Protection Agency 701. Reports eliminated (a) Great Lakes management comprehensive report Section 118(c)(10) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(c)(10) ) is repealed. (b) Insular Areas general assistance program report Section 502(i) of Public Law 95–134 ( 42 U.S.C. 4368b(i) ) is repealed. VIII Executive Office of the President 801. Report relating to waiver of certain sanctions against North Korea eliminated Section 1405 of the Supplemental Appropriations Act, 2008 ( 22 U.S.C. 2799aa–1 note) is amended by striking subsection (c). IX Government Accountability Office 901. Reports eliminated (a) Expenditures of Local Educational Agencies Section 1904 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6574 ) is repealed. (b) Use of Recovery Act funds by States and localities report Section 901 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ; 123 Stat. 191) is repealed. (c) State Small Business Credit Initiative audit and report Section 3011 of the Small Business Jobs Act of 2010 ( 12 U.S.C. 5710 ) is amended by striking subsection (b). (d) Small Business Lending Fund Program audit and report Section 4107 of the Small Business Jobs Act of 2010 ( 12 U.S.C. 4741 note) is amended by striking subsection (c). (e) Housing Assistance Council financial statement audit report Section 6303(a) of the Food, Conservation, and Energy Act of 2008 ( 42 U.S.C. 1490e note) is amended by striking paragraph (3). 902. Reports modified (a) National Prevention, Health Promotion and Public Health Council Subsection (i) of section 4001 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 300u–1 ) is amended by striking The Secretary and the Comptroller General of the United States shall jointly conduct periodic reviews and inserting The Secretary shall conduct periodic reviews . (b) Postcard mandate Section 719(g)(2) of title 31, United States, Code is amended by striking A copy of each list and inserting the following: Immediately upon preparing a list under paragraph (1), the Comptroller General shall make the list available for viewing on the official public website of the Office of the Comptroller General, and a copy of each such list . (c) Annual audit of the Congressional Award Foundation (1) Use of private auditor Section 107 of the Congressional Award Act ( 2 U.S.C. 807 ) is amended to read as follows: 107. audits (a) Contracts With Private Auditor The Board shall enter into a contract with an accredited private auditor to conduct an annual audit of the financial records of the Board and of any corporation established under section 106(i), and shall ensure that the auditor has access for the purpose of the audit to any books, documents, papers, and records of the Board or such corporation (or any agent of the Board or such corporation) which the auditor reasonably determines to be pertinent to the Congressional Award Program. (b) Annual Report to Congress on Audit Results Not later than May 15 of each calendar year, the Board shall submit to appropriate officers, committees, and subcommittees of Congress a report on the results of the most recent audit conducted pursuant to this section, and shall include in the report information on any such additional areas as the auditor who conducted the audit determines deserve or require evaluation. . (2) Conforming amendment relating to compliance with fiscal control and fund accounting procedures Section 104(c)(2)(A) of such Act ( 2 U.S.C. 804(c)(2)(A) ) is amended— (A) in the first sentence, by striking The Comptroller General of the United States and inserting The accredited private auditor conducting the annual audit of the financial records of the Board pursuant to section 107(a) ; and (B) in the second sentence, by striking the Comptroller General and inserting the auditor . (d) Annual GAO review of proposed HHS recovery threshold The third sentence of section 1862(b)(9) of the Social Security Act ( 42 U.S.C. 1395y(b)(9) ) is amended by striking for a year and inserting for 2014 . X Department of Homeland Security 1001. Reports eliminated (a) Prohibition on importation of products made with dog or cat fur Section 308 of the Tariff Act of 1930 ( 19 U.S.C. 1308 ) is amended by striking subsection (e). (b) Importation of softwood lumber Section 809 of the Tariff Act of 1930 ( 19 U.S.C. 1683g ) is repealed. (c) Port of Entry Infrastructure Assessment Study and National Land Border Security Plan The Border Infrastructure and Technology Modernization Act of 2007 (title VI of division D of Public Law 110–161 ; 6 U.S.C. 1401 et seq. ) is amended by striking sections 603 and 604. (d) Fees for certain customs services (1) Repeal Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( Public Law 99–272 ; 19 U.S.C. 58c) is amended— (A) in subsection (a)(9), by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and (B) in subsection (f)— (i) in paragraph (3)— (I) by striking subparagraph (D); and (II) by redesignating subparagraph (E) as subparagraph (D); (ii) by striking paragraph (4); and (iii) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (2) Conforming amendments Subsection (f) of such section is further amended— (A) in paragraph (1)(B), by striking paragraph (5) and inserting paragraph (4) ; and (B) in paragraph (3)(A), by striking paragraph (5) and inserting paragraph (4) . (e) Coast Guard presidential security expenditures Section 9 of the Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 note) is amended— (1) by striking , the Secretary of Defense, and the Commandant of the Coast Guard and inserting and the Secretary of Defense ; and (2) by striking , the Department of Defense, and the Coast Guard and inserting and the Department of Defense . (f) Modernization of National Distress and Response System Section 346 of the ( Public Law 107–295 ) Maritime Transportation Security Act of 2002 (14 U.S.C. 88 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed. XI Department of Housing and Urban Development 1101. Reports eliminated (a) Information technology spending plan for Transformation Initiative The first sentence of the second paragraph under the heading Department of Housing and Urban Development—Management and Administration—Transformation Initiative in title II of division A of Public Law 111–117 (123 Stat. 3093), as amended by section 2259 of title XII of division B of Public Law 112–10 (125 Stat. 197), is amended by striking : Provided , That and all that follows through Government Accountability Office . (b) Sole source contracts report Section 218 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (division C of Public Law 112–55 ; 125 Stat. 699) is repealed. (c) Section 8 project-Based housing status report Section 226 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (division C of Public Law 112–55 ; 125 Stat. 700) is repealed. XII Department of the Interior 1201. Reports eliminated (a) CALFED Report Section 105(a) of the Water Supply, Reliability, and Environmental Improvement Act (Public Law 108–361) is amended by striking subsection (a). (b) Office of the Special Trustee Report Section 303 of Public Law 103–412 ( 25 U.S.C. 4043 ) is amended by striking subsection (f). (c) Royalties In-Kind Report Section 342(e) of the Energy Policy Act of 2005 ( 42 U.S.C. 15902(e) ) is amended by striking subsection (e). XIII Department of Labor 1301. Reports eliminated (a) Older Americans Act Section 515 of the Older Americans Act ( 42 U.S.C. 3056m ) is repealed. (b) Andean Trade Preference Act Section 207 of the Andean Trade Preference Act ( 19 U.S.C. 3205 ) is repealed. XIV National Aeronautics and Space Administration 1401. Reports eliminated (a) Landsat Section 60147(c) of title 51, United States Code, is repealed. (b) Enhancement of science and math programs Section 321(b)(2) of the National Aeronautics and Space Administration Authorization Act of 2000 ( 42 U.S.C. 2473 note) is repealed. XV Office of the Director of National Intelligence 1501. Reports eliminated (a) Report on Iran’s capability To produce nuclear weapons Section 1234 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (50 U.S.C. 2367 note) is repealed. (b) Report on nuclear aspirations of non-State entities, nuclear weapons and related programs in non-Nuclear-Weapons states and countries not parties to the nuclear non-Proliferation treaty, and certain foreign persons Section 1055 of the National Defense Authorization Act for Fiscal Year 2010 ( 50 U.S.C. 2371 ) is repealed. (c) Treaty on Conventional Armed Forces in Europe Section 2(5)(E) of the Senate resolution advising and consenting to ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe (CFE) of November 19, 1990, adopted at Vienna May 31, 1996 (Treaty Doc. 105–5) (commonly referred to as the CFE Flank Document ), 105th Congress, agreed to May 14, 1997, is repealed. (d) Reports on commerce with, and assistance to, Cuba from other foreign countries (1) Repeal Section 108 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6038 ) is repealed. (2) Clerical amendment The table of contents in section 1(b) of such Act is amended by striking the item relating to section 108. (e) Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran (1) Repeal Section 302 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8542) is repealed. (2) Conforming amendment Section 303(b) of such Act ( 22 U.S.C. 8543(b) ) is amended— (A) in the matter preceding paragraph (1), by striking a report— and inserting a report notifying those committees of the designation of the country. ; and (B) by striking paragraphs (1) and (2). (3) Clerical amendment The table of contents in section 1(b) of such Act is amended by striking the item relating to section 302. XVI Department of State 1601. Reports eliminated (a) Report on activities of armed forces of North Korea Section 585 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 ( 22 U.S.C. 2656 note; 110 Stat. 3009–171), as enacted into law by section 101(c) of division A of the Omnibus Consolidated Appropriations Act, 1997 ( Public Law 104–208 ), is repealed. (b) Semiannual report on Kosovo peacekeeping Section 1213 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654A–327) is repealed. (c) Report on progress toward regional non-Proliferation in South Asia Section 620F of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2376 ) is amended by striking subsection (c). (d) Report on compliance with PLO commitments Section 804 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246) is amended— (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). (e) Reporting requirements under Sudan Peace Act Section 8 of the Sudan Peace Act ( 50 U.S.C. 1701 note) is repealed. (f) Report on investigation of war crimes in Sudan Section 11 of the Sudan Peace Act ( 50 U.S.C. 1701 note) is amended— (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). (g) Report on Tibet negotiations Section 613 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 6901 note) is amended to read as follows: 613. Tibet negotiations (a) In general The President and the Secretary should encourage the Government of the People’s Republic of China to enter into a dialogue with the Dalai Lama or his representatives leading to a negotiated agreement on Tibet. (b) Compliance After such an agreement is reached, the President and the Secretary should work to ensure compliance with the agreement. . XVII Department of Transportation 1701. Reports eliminated (a) Reports of Air Traffic Services Committee Section 106(p)(7) of title 49, United States Code, is amended— (1) by striking subparagraph (H); and (2) by redesignating subparagraph (I) as subparagraph (H). (b) Annual summaries of airport financial reports Section 47107(k) of title 49, United States Code, is repealed. (c) Annual report on pipeline safety information grants to communities Section 60130 of title 49, United States Code, is amended— (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). (d) Annual report on pilot program for innovative financing of air traffic control equipment Section 182 of the Vision 100—Century of Aviation Reauthorization Act (117 Stat. 2515; 49 U.S.C. 44502 note) is amended— (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). (e) Reports on justifications for air defense identification zones Section 602 of the Vision 100—Century of Aviation Reauthorization Act (117 Stat. 2563), and the item relating to that section in the table of contents contained in section 1(b) of that Act, are repealed. (f) Annual report on standards for aircraft and aircraft engines To reduce noise levels Section 726 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (114 Stat. 167; 49 U.S.C. 47508 note) is amended by striking subsection (c). 1702. Reports modified Section 1138(a) of title 49, United States Code, is amended by striking at least annually, but may be conducted . XVIII Department of the Treasury 1801. Reports eliminated (a) Annual multilateral development bank environment report (1) Section 539 of the Foreign Assistance and Related Programs Appropriations Act, 1987 (100 Stat. 3341–235; Public Law 99–591 ) is amended by striking subsections (e) and (f). (2) Section 533 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( 22 U.S.C. 262l ) is amended by striking subsection (b). (b) Annual report on the north american development bank Section 2 of Public Law 108–215 is repealed. (c) Report on international financial institution borrowers’ labor practices Section 1621 of the International Financial Institutions Act ( 22 U.S.C. 262p–4p ) is amended— (1) by striking (a) the first place it appears; and (2) by striking subsection (b). (d) Report on voting on international financial institutions loan proposals Section 701 of the International Financial Institutions Act ( 22 U.S.C. 262d ) is amended by striking subsection (c) and redesignating subsection (d) through subsection (g) (as added by section 501(g) of Public Law 96–259 ) as subsections (c) through (f), respectively. (e) National advisory council on international monetary and financial policies report (1) Amendments to the international financial institutions act (A) Elimination of reporting requirement Section 1701 of the International Financial Institutions Act ( 22 U.S.C. 262r ) is repealed. (B) Conforming amendments (i) Section 1307(g) of such Act ( 22 U.S.C. 262m–7(g) ) is amended by inserting (as in effect just before the effective date of the Government Reports Elimination Act of 2014) after 1701(c)(2) . (ii) Section 1308 of such Act ( 22 U.S.C. 262m–8 ) is amended— (I) in subsection (a), by striking 1701(c)(4) of this Act and inserting 1701(c)(4) (as in effect just before the effective date of the Government Reports Elimination Act of 2014) ; and (II) in subsection (b), by inserting (as in effect just before the effective date of the Government Reports Elimination Act of 2014) after 1701(c)(4) . (iii) Section 1502(a)(1) of such Act ( 22 U.S.C. 262o–1(a)(1) ) is amended by inserting (as in effect just before the effective date of the Government Reports Elimination Act of 2014) after 1701(c)(2) . (iv) Section 1503(a) of such Act ( 22 U.S.C. 262o–2(a) ) is amended by inserting (as in effect just before the effective date of the Government Reports Elimination Act of 2014) after 1701(c)(2) each place it appears. (v) Section 1504(f) of such Act ( 22 U.S.C. 262o–3(f) ) is amended by inserting (as in effect just before the effective date of the Government Reports Elimination Act of 2014) after 1701(c)(3) . (vi) Section 1620 of such Act ( 22 U.S.C. 262p–4o ) is amended by inserting (as in effect just before the effective date of the Government Reports Elimination Act of 2014) after 1701(c)(2) . (vii) Section 1621 of such Act ( 22 U.S.C. 262p–4p ), as added by section 526(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103–306), is amended by inserting (as in effect just before the effective date of the Government Reports Elimination Act of 2014) after 1701(c)(2) . (viii) Section 1625(e)(3) of such Act ( 22 U.S.C. 262p–8(e)(3) ) is amended by inserting (as in effect just before the effective date of the Government Reports Elimination Act of 2014) after 1701(c)(2) of this Act . (ix) Section 1628(a) of such Act ( 22 U.S.C. 262p–12(a) ) is amended by inserting (as in effect just before the effective date of the Government Reports Elimination Act of 2014) after 1701(c)(3) . (x) Section 501(b) of the Jobs Through Exports Act of 1992 ( 22 U.S.C. 262s–2 note) is amended by inserting (as in effect just before the effective date of the Government Reports Elimination Act of 2014) before the period. (2) Conforming repeal Section 583 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 ( 22 U.S.C. 262r note; 112 Stat. 2681–202), as enacted into law by section 101(d) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( Public Law 105–277 ), is repealed. (f) Report on new IMF arrangements regarding rates and maturities Section 605 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (112 Stat. 2681–223), as enacted into law by section 101(d) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( Public Law 105–277 ), is amended by striking subsection (d). (g) Report on policies of the international monetary fund Section 1705 of the International Financial Institutions Act ( 22 U.S.C. 262r–4 ) is repealed. (h) Report on asian development bank reforms toward seven policy goals Section 2126 of the Full-Year Appropriations Act, 2011 (125 Stat. 190–191; division B of Public Law 112–10) is amended by striking subsections (c) and (d). (i) Report on clean technology fund Section 7081(g) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 ( 22 U.S.C. 7909(g) ; division F of the Consolidated Appropriations Act, 2010) is amended by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (j) Report on significant modifications The Government Securities Act Amendments of 1993 ( Public Law 103–202 ) is amended— (1) by striking section 203; and (2) in the table of contents for such Act, by striking the item relating to section 203. (k) Report on certain policies supported by the United States in the multilateral development banks Section 803 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 ( 22 U.S.C. 262r–6(b) ), as enacted into law by section 101(a) of Public Law 106–429 , is amended by striking subsection (b). (l) Salmon book on United States Government foreign credit exposure The Secretary of the Treasury shall no longer provide the annual foreign credit exposure report (commonly referred to as the Salmon Book ) and described under the paragraph with the heading Need for annual update on estimated debt and debt service report in House Report 102–108. XIX Department of Veterans Affairs 1901. Reports eliminated (a) Annual report of the Office of Research Oversight Section 7307 of title 38, United States Code, is amended— (1) by striking subsection (f); and (2) by redesignating subsection (g) as subsection (f). (b) Annual report on activities and proposals involving contracting for performance by contractor personnel of work previously performed by Department employees Section 8110 of such title is amended— (1) by striking subsection (c); and (2) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (c) Annual report on procurement of health-Care items Section 8125 of such title is amended— (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d). (d) Annual report on closures of medical service, surgical service, and nursing home beds Section 8110 of such title, as amended by subsection (b) of this section, is further amended— (1) by striking subsection (d), as redesignated by paragraph (2) of such subsection (b) of this section; and (2) by redesignating subsection (e), as so redesignated, as subsection (d). (e) Annual report on sharing of health-Care resources Section 8153 of such title is amended by striking subsection (g). (f) Annual report on staffing for nurses and nurse anaesthetists at Department facilities Section 7451(e) of such title is amended— (1) by striking paragraph (5); and (2) by redesignating paragraph (6) as paragraph (5). (g) Annual report on use of authorities To enhance retention of experienced nurses (1) In general Subchapter II of chapter 73 of such title is amended by striking section 7324. (2) Clerical amendment The table of sections at the beginning of such chapter is amended by striking the item relating to section 7324.
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113-hr-4195
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I 113th CONGRESS 2d Session H. R. 4195 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Issa (for himself, Mr. Cummings , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend chapter 15 of title 44, United States Code (commonly known as the Federal Register Act), to modernize the Federal Register, and for other purposes.
1. Short title This Act may be cited as the Federal Register Modernization Act . 2. Federal register modernization (a) References to printing Chapter 15 of title 44, United States Code, is amended— (1) in section 1502— (A) in the heading, by striking printing and inserting publishing ; and (B) by striking printing and distribution and inserting publishing ; (2) in section 1507 is amended— (A) by striking the duplicate originals or certified copies of the document have and inserting the document has ; and (B) in paragraph (2), by striking printed and inserting published ; and (3) in section 1509, in subsections (a) and (b) of, by striking printing, reprinting, wrapping, binding, and distributing and inserting publishing , each place it appears. (b) Publish defined Section 1501 of title 44, United States Code, is amended— (1) by striking ; and at the end of the definition for person and inserting a semicolon; (2) by inserting after the definition for person the following: publish means to circulate for sale or distribution to the public; and . (c) Filing documents with Office amendment Section 1503 of title 44, United States Code, is amended to read as follows: 1503. Filing documents with Office; notation of time; public inspection; transmission for publishing The original document required or authorized to be published by section 1505 of this title shall be filed with the Office of the Federal Register for publication at times established by the Administrative Committee of the Federal Register by regulation. The Archivist of the United States shall cause to be noted on the original of each document the day and hour of filing. Upon filing, the document shall be immediately available for public inspection in the Office. The original shall be retained by the National Archives and Records Administration and shall be available for inspection under regulations prescribed by the Archivist, unless such original is disposed of in accordance with disposal schedules submitted by the Administrative Committee and authorized by the Archivist pursuant to regulations issued under chapter 33 of this title; however, originals of proclamations of the President and Executive orders shall be permanently retained by the Administration as part of the National Archives of the United States. The Office shall transmit to the Government Printing Office, as provided by this chapter, each document required or authorized to be published by section 1505 of this title. Every Federal agency shall cause to be transmitted for filing the original of all such documents issued, prescribed, or promulgated by the agency. . (d) Federal Register amendment Section 1504 of title 44, United States Code, is amended to read as follows: 1504. Federal Register ; publishing; contents; distribution; price Documents required or authorized to be published by section 1505 of this title shall be published immediately by the Government Printing Office in a serial publication designated the Federal Register . The Public Printer shall make available the facilities of the Government Printing Office for the prompt publication of the Federal Register in the manner and at the times required by this chapter and the regulations prescribed under it. The contents of the daily issues shall constitute all documents, required or authorized to be published, filed with the Office of the Federal Register up to the time of the day immediately preceding the day of publication fixed by regulations under this chapter. There shall be published with each document a copy of the notation, required to be made by section 1503 of this title, of the day and hour when, upon filing with the Office, the document was made available for public inspection. Distribution shall be made at a time in the morning of the day of distribution fixed by regulations prescribed under this chapter. The prices to be charged for the Federal Register may be fixed by the Administrative Committee of the Federal Register established by section 1506 of this title without reference to the restrictions placed upon and fixed for the sale of Government publications by sections 1705 and 1708 of this title. . (e) Documents To be published in Federal Register Section 1505 of title 44, United States Code, is amended— (1) in subsection (b)— (A) in the heading, by striking comments and inserting news commentary ; and (B) by striking comments and inserting news commentary ; and (2) in subsection (c), in the matter following paragraph (2)— (A) by inserting telecommunications, the Internet, after the press, the radio, ; and (B) by striking and two duplicate originals or two certified copies and inserting document . (f) Administrative Committee of the Federal Register amendment Section 1506 of title 44, United States Code, is amended to read as follows: 1506. Administrative Committee of the Federal Register; establishment and composition; powers and duties The Administrative Committee of the Federal Register shall consist of the Archivist of the United States or Acting Archivist, who shall chair the committee, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer. The Director of the Federal Register shall act as secretary of the committee. The committee shall prescribe, with the approval of the President, regulations for carrying out this chapter. The regulations shall provide for, among other things— (1) the documents which shall be authorized under section 1505(b) of this title to be published in the Federal Register; (2) the manner and form in which the Federal Register shall be published; (3) the manner of distribution to Members of Congress, officers and employees of the United States, or Federal agency, for official use, and the number which shall be available for distribution to the public; (4) the prices to be charged for individual copies of, and subscriptions to, the Federal Register and any reprints and bound volumes of it; (5) the manner and form by which the Federal Register may receive information and comments from the public, if practicable and efficient; and (6) special editions of the Federal Register. . (g) Code of Federal Regulations amendment Section 1510 of title 44, United States Code, is amended to read as follows: 1510. Code of Federal Regulations (a) Special edition for codification of agency documents The Administrative Committee of the Federal Register, with the approval of the President, may require, from time to time as it considers necessary, the preparation and publication in a special edition of the Federal Register a complete codification of the documents of each agency of the Government having general applicability and legal effect, issued or promulgated by the agency by publication in the Federal Register or by filing with the Administrative Committee, and which are relied upon by the agency as authority for, or are invoked or used by it in the discharge of, its activities or functions, and are in effect as to facts arising on or after dates specified by the Administrative Committee. (b) Code of Federal Regulations A codification prepared under subsection (a) of this section shall be published and shall be designated as the Code of Federal Regulations . The Administrative Committee shall regulate the manner and forms of publishing this codification. (c) Supplementation, collation, and republication The Administrative Committee shall regulate the supplementation and the collation and republication of the codification with a view to keeping the Code of Federal Regulations as current as practicable. Each unit of codification shall be supplemented and republished at least once each calendar year. The Office of the Federal Register may create updates of each unit of codification from time to time and make the same available electronically or may provide public access using an electronic edition that allows a user to select a specific date and retrieve the version of the codification in effect as of that date. (d) Preparation and publication by the Federal Register The Office of the Federal Register shall prepare and publish the codifications, supplements, collations, and user aids authorized by this section. (e) Prima facie evidence The codified documents of the several agencies published in the Code of Federal Regulations under this section, as amended by documents subsequently filed with the Office and published in the daily issues of the Federal Register, shall be prima facie evidence of the text of the documents and of the fact that they are in effect on and after the date of publication. (f) Regulations The Administrative Committee, with approval of the President, shall issue regulations for carrying out this section. (g) Exception This section does not require codification of the text of Presidential documents published and periodically compiled in supplements to title 3 of the Code of Federal Regulations. . (h) Technical and conforming amendments The table of sections for chapter 15 of title 44, United States Code, is amended by striking the items related to sections 1502, 1503, and 1504 and inserting the following: 1502. Custody and publishing of Federal documents; appointment of Director. 1503. Filing documents with Office; notation of time; public inspection; transmission for publishing. 1504. Federal Register ; publishing; contents; distribution; price. .
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113-hr-4196
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I 113th CONGRESS 2d Session H. R. 4196 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Patient Protection and Affordable Care Act to eliminate Exchange cost-sharing subsidies, to amend title XVIII of the Social Security Act to create a Medicare Advantage Improvement Fund, and for other purposes.
1. Short title This Act may be cited as the Seniors’ Fairness Act of 2014 . 2. Creating Medicare Advantage Improvement Fund Section 1859 of the Social Security Act ( 42 U.S.C. 1395w–28 ) is amended by adding at the end the following new subsection: (h) Medicare Advantage Improvement Fund (1) Establishment The Secretary shall establish under this title a Medicare Advantage Improvement Fund (in this subsection referred to as the Fund ) which shall be available to make improvements under the Medicare Advantage program under this part, including by— (A) preventing cost-sharing increases and the loss of benefits to individuals enrolled in MA plans; and (B) ensuring individuals enrolled in MA plans can access a high-quality network of providers. (2) Funding (A) In general There shall be available to the Fund, for expenditures from the Fund during the period of fiscal years 2014 through 2023, $150,000,000,000. (B) Funding limitation Amounts in the Fund shall be available to the Secretary only pursuant to an appropriations Act. . 3. Eliminating Exchange cost-sharing subsidies under PPACA (a) In general Section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) is amended by adding at the end the following new subsection: (g) Termination of reduced cost-Sharing beginning in plan year 2015 The provisions of this section shall not apply with respect to plan years after plan year 2014. . (b) Conforming amendments (1) Fair Labor Standards Act of 1938 Section 18B(a)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218b(a)(2) ) is amended— (A) by striking 1986 and and inserting 1986 and, in the case of plan year 2014, ; and (B) by inserting a comma after Care Act . (2) Medicaid Section 1943(b)(1)(C) of the Social Security Act ( 42 U.S.C. 1396w–3(b)(1)(C) ) is amended by inserting (for plan years in which the provisions of such section apply) after section 1402 of the Patient Protection and Affordable Care Act .
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113-hr-4197
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I 113th CONGRESS 2d Session H. R. 4197 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Cummings (for himself, Mr. Issa , Mr. Van Hollen , Mr. Farenthold , and Mr. Connolly ) 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 title 5, United States Code, to extend the period of certain authority with respect to judicial review of Merit Systems Protection Board decisions relating to whistleblowers, and for other purposes.
1. Short title This Act may be cited as the All Circuit Review Extension Act . 2. Judicial review of Merit Systems Protection Board decisions relating to whistleblowers (a) In general Section 7703(b)(1)(B) of title 5, United States Code, is amended by striking 2-year and inserting 5-year . (b) Director review Section 7703(d)(2) of such title is amended by striking 2-year and inserting 5-year .
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113-hr-4198
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I 113th CONGRESS 2d Session H. R. 4198 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Denham introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to reinstate the requirement for an annual report on the capacity of the Department of Veterans Affairs to provide for specialized treatment and rehabilitative needs of disabled veterans.
1. Short title This Act may be cited as the Appropriate Care for Disabled Veterans Act . 2. Extension of requirement for report on the capacity of the Department of Veterans Affairs to provide for specialized treatment and rehabilitative needs of disabled veterans The first sentence of section 1706(b)(5)(A) of title 38, United States Code, is amended by striking through 2008 .
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113-hr-4199
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I 113th CONGRESS 2d Session H. R. 4199 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Flores (for himself and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To name the Department of Veterans Affairs medical center in Waco, Texas, as the Doris Miller Department of Veterans Affairs Medical Center .
1. Findings Congress makes the following findings: (1) On October 12, 1919, Doris Miller was born in Waco, Texas. (2) On September 16, 1939, Miller enlisted in the United States Navy as mess attendant, third class at Naval Recruiting Station, Dallas, Texas, to serve for a period of six years. (3) On February 16, 1941, Miller received a change of rating to mess attendant, second class. (4) On June 1, 1942, Miller received a change of rating to mess attendant, first class. (5) On June 1, 1943, Miller received a change of rating, to cook, third class. (6) On November 25, 1944, Miller was presumed dead by the Secretary of the Navy a year and a day after being carried as missing in action since November 24, 1943, while serving aboard USS Liscome Bay when that vessel was torpedoed and sunk in the Pacific Ocean. (7) Miller was awarded the Navy Cross Medal, Purple Heart Medal, American Defense Service Medal, Asiatic-Pacific Campaign Medal, and World War II Victory Medal. (8) Miller’s citation for the Navy Cross said for distinguished devotion to duty, extraordinary courage and disregard for his own personal safety during the attack on the Fleet in Pearl Harbor, Territory of Hawaii, by Japanese forces on December 7, 1941. While at the side of his Captain on the bridge, Miller, despite enemy strafing and bombing and in the face of a serious fire, assisted in moving his Captain, who had been mortally wounded, to a place of greater safety, and later manned and operated a machine gun directed at enemy Japanese attacking aircraft until ordered to leave the bridge. . (9) On June 20, 1973, the USS Miller (FF–1091), a Knox-class frigate, was named in honor of Doris Miller. 2. Name of Department of Veterans Affairs Medical Center, Waco, Texas The Department of Veterans Affairs medical center in Waco, Texas, shall after the date of the enactment of this Act be known and designated as the Doris Miller Department of Veterans Affairs Medical Center . Any reference to such medical center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Doris Miller Department of Veterans Affairs Medical Center.
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113-hr-4200
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I 113th CONGRESS 2d Session H. R. 4200 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Investment Advisers Act of 1940 to prevent duplicative regulation of advisers of small business investment companies.
1. Short title This Act may be cited as the SBIC Advisers Relief Act of 2014 . 2. Advisers of SBICs and venture capital funds Section 203(l) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(l) ) is amended— (1) by striking No investment adviser and inserting the following: (1) In general No investment adviser ; and (2) by adding at the end the following: (2) Advisers of SBICs For purposes of this subsection, a venture capital fund includes an entity described in subparagraph (A), (B), or (C) of subsection (b)(7) (other than an entity that has elected to be regulated or is regulated as a business development company pursuant to section 54 of the Investment Company Act of 1940). . 3. Advisers of SBICs and private funds Section 203(m) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(m) ) is amended by adding at the end the following: (3) Advisers of SBICs For purposes of this subsection, the assets under management of a private fund that is an entity described in subparagraph (A), (B), or (C) of subsection (b)(7) (other than an entity that has elected to be regulated or is regulated as a business development company pursuant to section 54 of the Investment Company Act of 1940) shall be excluded from the limit set forth in paragraph (1). . 4. Relationship to State law Section 203A(b)(1) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–3a(b)(1)) is amended— (1) in subparagraph (A), by striking or at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (C) that is not registered under section 203 because that person is exempt from registration as provided in subsection (b)(7) of such section, or is a supervised person of such person. .
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113-hr-4201
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I 113th CONGRESS 2d Session H. R. 4201 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Denham introduced the following bill; which was referred to the Committee on Ways and Means , 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 amend title XVIII of the Social Security Act to require Medicare Advantage organizations to disclose certain information on the changes made to the MA plan offered by such organization pursuant to changes required by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, and for other purposes.
1. Short title This Act may be cited as the Seniors’ Rights to Know Act . 2. Requiring disclosure of certain changes to MA plans pursuant to requirements of the Affordable Care Act Section 1851 of the Social Security Act ( 42 U.S.C. 1395w–21 ) is amended— (1) in subsection (d)(4), by adding at the end the following new subparagraph: (F) Changes pursuant to the Affordable Care Act For plan year 2015 and each subsequent plan year, a description of the changes made by the Medicare Advantage organization, with respect to the MA plan offered by such organization, for such plan year pursuant to the provisions of, and amendments made by, the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, which may include an assessment of the affect of such provisions and amendments on Medicare Advantage eligible individuals who enroll under such plan. ; and (2) in subsection (h)(2), by adding at the end the following new sentence: Notwithstanding the previous sentence, the Secretary may not disapprove information described in subsection (d)(4)(F) included in such material or form for purposes of satisfying the requirements of subsection (d) unless such information is factually inaccurate for the plan year for which the information is provided or any preceding plan year beginning after March 23, 2010. .
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113-hr-4202
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I 113th CONGRESS 2d Session H. R. 4202 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Honda introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committees on Oversight and Government Reform and Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for cost-of-living increases for certain Federal benefits programs based on increases in the Consumer Price Index for the elderly.
1. Short title This Act may be cited as the CPI–E Act of 2014 . 2. Cost-of-living increases for certain Federal benefits programs based on increases in the Consumer Price Index for the elderly Notwithstanding any other provision of law, whenever there is an increase in the Consumer Price Index for the elderly, published by the Bureau of Labor Statistics, the dollar amounts in effect for the payment of the following benefits, as such amounts were in effect immediately before the increase in the Consumer Price Index for the elderly, shall be increased by the same percentage as such price index was increased: (1) An annuity under the Civil Service Retirement System or the Federal Employees Retirement System. (2) Department of Veterans Affairs wartime disability compensation under section 1114 of title 38, United States Code. (3) Department of Veterans Affairs additional compensation for dependents under section 1115(1) of such title. (4) The Department of Veterans Affairs clothing allowance under section 1162 of such title. (5) Department of Veterans Affairs dependency and indemnity compensation to surviving spouse under subsections (a) through (d) of section 1311 of such title. (6) Department of Veterans Affairs dependency and indemnity compensation to children under sections 1313(a) and 1314 of such title. (7) Military retirement and survivor benefit programs, as defined in section 1461(b) of title 10, United States Code.
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113-hr-4203
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I 113th CONGRESS 2d Session H. R. 4203 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Israel (for himself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit interference with communication frequencies used by emergency response providers.
1. Short title This Act may be cited as the Emergency Responder Radio Communications Protection Act of 2014 . 2. Interference with communication frequencies used by emergency response providers prohibited (a) Prohibition Chapter 65 of title 18, United States Code, is amended by inserting after the following: 1370. Communication frequencies used by emergency response providers (a) Offense Whoever knowingly— (1) interferes in any way with the working or use of a communication frequency; or (2) obstructs, hinders, or delays the transmission of any communication over any such communication frequency; or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 10 years, or both. (b) Definitions In this section— (1) the term communication frequency means any radio frequency used by emergency response providers in their official capacity; (2) the term emergency response providers has the meaning given such term in Sec. 2(6) of the Homeland Security Act of 2002. . (b) Clerical amendment The table of sections for chapter 65 of such title is amended by adding at the end the following: 1370. Communications frequencies used by emergency response providers. .
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113-hr-4204
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I 113th CONGRESS 2d Session H. R. 4204 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Maffei 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 against tax for job training expenses of employers.
1. Short title This Act may be cited as the Jobs and Opportunity Bonus Tax Credit Act of 2014 or the JOB Tax Credit Act . 2. Jobs and opportunity bonus credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Jobs and opportunity bonus credit (a) In general For purposes of section 38, in the case of an eligible employer, the jobs and opportunity bonus credit determined under this section with respect to any eligible employee of the employer is an amount equal to the lesser of— (1) 50 percent of the job training program expenditures of the taxpayer with respect to such employee during the taxable year, or (2) $5,000. (b) Eligible employer For purposes of this section, the term eligible employer means an employer which employed an average of not more than 500 full-time employees during the taxable year. (c) Job training program expenses For purposes of this section— (1) In general The term job training program expenses means amounts paid or incurred by the employer for expenses incurred by or on behalf of an eligible employee for participation in a qualified training program. (2) Qualified training program For purposes of this subsection, the term qualified training program means any of the following written plans of study and training: (A) An apprenticeship program registered and certified with the Secretary of Labor under section 1 of the National Apprenticeship Act ( 29 U.S.C. 50 ). (B) A program licensed, registered, or certified by the workforce investment board or apprenticeship agency or council of a State or administered in compliance with apprenticeship laws of a State. (C) A program conducted by a vocational or technical education school, community college, industrial or trade training organization, or labor organization. (D) A program which conforms to apprentice training programs developed or administered by an employer trade group or committee. (E) An industry sponsored or administered program which is clearly identified and commonly recognized. (d) Eligible employee For purposes of this section, the term eligible employee means any employee of the employer, who while participating in the job skills training program is employed on average at least 40 hours of service per week. (e) Recapture of credit for employee not performing minimum service (1) In general In the case of any employee with respect to whom a credit is allowed under this section and whose employment is terminated by the employer (other than by reason of such employee’s gross misconduct) before the end of the 2-year period beginning on the first day of the employee’s study or training with respect to which a credit is allowed under this section, the tax of the taxpayer under this chapter for the taxable year during which such termination occurs shall be increased by an amount equal to— (A) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the job training program expenses with respect to such employee had been zero, multiplied by (B) the inclusion ratio. (2) Inclusion ratio For purposes of this subsection, the inclusion ratio is the ratio which— (A) an amount equal to the difference of— (i) the number of days in the 2-year period, over (ii) the number of days such employee was employed by the employer during such 2-year period, bears to (B) the number of days in the 2-year period. (f) Controlled groups For purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. (g) Termination The section shall not apply amounts paid or incurred during taxable years beginning after December 31, 2017. . (b) Credit To be 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 jobs and opportunity bonus 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. Jobs and opportunity bonus credit. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4204ih/xml/BILLS-113hr4204ih.xml
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113-hr-4205
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I 113th CONGRESS 2d Session H. R. 4205 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Perlmutter (for himself, Mr. Ross , Mr. Meeks , and Ms. Moore ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to carry out a loan repayment program for certain architects, and for other purposes.
1. Short title This Act may be cited as the National Design Services Act of 2014 . 2. Architect loan repayment program Title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) is amended by adding at the end the following new section: 5322. Architect loan repayment program (a) Authorization The Secretary may establish and carry out a loan repayment program for eligible architects (in this section referred to as the loan repayment program ) who provide eligible design services on behalf of a Community Design Center. (b) Contract To be eligible to participate in the loan repayment program, an eligible architect shall enter into a written contract with the Secretary that contains— (1) an agreement under which— (A) the eligible architect agrees to provide eligible design services on behalf of a Community Design Center for a period of not shorter than 1 year; and (B) the Secretary agrees to make payments on the principal and interest of qualifying educational loans of the eligible architect in an amount to be determined by the Secretary for the period of time the eligible architect provides such eligible design services; (2) a provision that any financial obligation of the United States arising out of a contract entered into under this subsection and any obligation of the eligible architect which is conditioned thereon, is contingent upon funds being appropriated for the loan repayment program under this section; and (3) a statement of the damages to which the United States is entitled under subsection (f) if the eligible architect breaches the contract. (c) Eligible design services The term eligible design services means research or design services as follows: (1) The design, including the preparation of construction documents, of housing facilities, schools, health clinics, libraries, community centers, and other public facilities (except for buildings used for the general conduct of government). (2) The development of comprehensive long-range community development plans. (3) The development of plans for neighborhoods that are appropriate for rehabilitation or conservation activities, including neighborhoods that are blighted, deteriorated, or deteriorating. (4) The preservation or rehabilitation of historic sites. (5) The design, including the preparation of construction documents, of building retrofits for energy and water efficiency and conservation improvements. (6) Assessment of the safety of structures that are in disrepair or have been damaged as the result of natural or manmade disasters. (7) The design of improvements that remove architectural barriers which restrict the mobility of elderly individuals and individuals with disabilities. (8) Plans for the redevelopment of traditional main streets and business districts. (9) Other activities as the Secretary may determine. (d) Application The Secretary shall provide for an eligible architect to submit an application to participate in the loan repayment program to the Secretary at such time, in such manner, and containing such information as the Secretary may require which shall include— (1) proof of employment by a Community Design Center for a period of not less than 1 year; (2) a statement of the amount of compensation the eligible architect will receive from the Community Design Center; and (3) a contract entered into pursuant to subsection (b). (e) Selection The Secretary shall select, from applications submitted under subsection (d), eligible architects to participate in the loan repayment program. (f) Administration (1) Contracting authority The Secretary may enter into a contract with another Federal agency to assist in the administration of this program. (2) Breach (A) In general A contract described in subsection (b) shall provide remedies for any breach of such contract by an eligible architect, including repayment or partial repayment of financial assistance received with interest. (B) Amounts recovered Funds recovered under this paragraph shall be credited to the account available to carry out this section and shall remain available until expended. (C) Waiver The Secretary may grant a waiver of any repayment obligation for breach of contract in the event of extreme hardship or extreme need, as determined by the Secretary. (3) Amount The Secretary shall develop regulations to determine the amount of loan repayment for 1 year of service by an eligible architect. In making the determination, the Secretary shall maximize the number of contracts that can be provided under the program from the amounts appropriated for such contracts. (4) Qualifying educational loans Loan repayments provided under this section may consist of payments on behalf of eligible architects of the principal and interest on government and commercial loans received by the eligible architect for attendance at an accredited masters program in architecture, which loans were made for— (A) tuition expenses; (B) all other reasonable educational expenses, including fees, books, technology, and studio expenses incurred by the eligible architect; or (C) reasonable living expenses as determined by the Secretary. (5) Repayment schedule The Secretary may contract with an eligible architect’s loan provider for the payment to the loan provider, on behalf of the eligible architect, of the amount of a loan repayment described in paragraph (3). (g) Construction Nothing in this section shall be construed to allow a Community Design Center to prepare building plans or construction documents that do not comply with applicable State and local laws and regulations related to building codes and permits. (h) Definitions In this section the following definitions shall apply: (1) Community design center The term Community Design Center means a non-profit organization operated and managed by a licensed architect that conducts research and provides eligible design services for community development projects. (2) Eligible architect The term eligible architect means an individual who— (A) has completed an accredited masters program in architecture; or (B) is an intern architect who has completed an accredited masters program in architecture and is enrolled in the Intern Development Program of the National Council of Architectural Registration Boards. (3) State The term State means each of the several States, the District of Columbia, and any territory or possession of the United States. (i) Authorization of appropriations There are authorized to be appropriated for carrying out this section such sums as may be necessary, to remain available until expended. .
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113-hr-4206
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I 113th CONGRESS 2d Session H. R. 4206 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Reed (for himself, Mr. Reichert , Mr. Young of Indiana , Mr. Kelly of Pennsylvania , Mr. Griffin of Arkansas , and Mr. Southerland ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Agriculture , Financial Services , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize a State or a portion of a State to conduct a demonstration project designed to test methods of program integration and coordination of services with the goals of moving individuals and families towards self-sufficiency, reducing welfare dependence, and increasing work and earnings.
1. Short title This Act may be cited as the Help Americans in Need Develop their Ultimate Potential Act or the HAND UP Act . 2. Program coordination demonstration projects (a) Purpose The purpose of this section is to establish a program of demonstration projects in a State or portion of a State to provide supports to individuals and families with the goal of moving them towards self-sufficiency, reducing welfare dependence, and increasing work and earnings by testing methods of program integration and coordination of services which will result in more effective service delivery and better outcomes for recipients. (b) Definitions In this section: (1) Administering secretary The term administering Secretary means, with respect to a qualified program, the head of the Federal agency responsible for administering the program. (2) Qualified program The term qualified program means— (A) a program under part A of title IV of the Social Security Act ; (B) the program under title XX of the Social Security Act; (C) activities funded under title I, II, or III of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ); (D) activities funded under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ), except that such term shall not include the program under section 7 of such Act ( 42 U.S.C. 1437e ) for designating public housing for occupancy by certain populations; or (E) the supplemental nutrition assistance program as defined in section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ). (c) Application requirements The head of a State entity or of a sub-State entity administering 2 or more qualified programs proposed to be included in a demonstration project under this section shall (or, if the project is proposed to include qualified programs administered by 2 or more such entities, the heads of the administering entities (each of whom shall be considered an applicant for purposes of this section) shall jointly) submit to the administering Secretary an application that contains the following: (1) Programs included A statement identifying each qualified program to be included in the project, and describing how the purposes of each such program will be achieved by the project. (2) Population served A statement identifying the population to be served by the project and specifying the eligibility criteria to be used. (3) Description and justification A detailed description of the project, including— (A) a description of how the project is expected to improve or enhance achievement of the purposes of the programs to be included in the project, from the standpoint of quality, of cost-effectiveness, or of both; (B) a description of the performance objectives for the project, including any proposed modifications to the performance measures and reporting requirements used in the programs; (C) a description of how the project will achieve the goal of moving recipients to self-sufficiency; and (D) the length of time a project will last. (4) Waivers requested A description of the statutory and regulatory requirements with respect to which a waiver is requested in order to carry out the project, and a justification of the need for each such waiver. (5) Cost limitation Such information and assurances as necessary to establish to the satisfaction of the administering Secretary, in consultation with the Director of the Office of Management and Budget, that the proposed project is reasonably expected to meet the applicable cost limitation requirements of subsection (d)(4). (6) Use of certain savings (A) In general If the State or sub-State entity desires to use not more than ½ of the savings to be realized from carrying out the proposed project in a fiscal year, to meet 1 or more requirements imposed by or under a Federal law pertaining to education, a description of how the State or sub-State entity will so use that portion of the savings. (B) Definitions In this paragraph: (i) Savings The term savings means, with respect to a proposed project and a fiscal year, the amount (if any) by which— (I) the total of the amount that would be payable by the Federal Government for the fiscal year with respect to the affected programs in the State in which the applicant is located, if the proposed project were not conducted, as determined by the Director of the Office of Management and Budget; exceeds (II) the total of the amounts that would be payable by the Federal Government for the fiscal year with respect to the programs if the proposed project were conducted (as so determined). (ii) Affected programs The term affected programs means, with respect to a proposed project, the programs that would be affected if the proposed project were conducted. (7) Evaluation and reports An assurance that the applicant will— (A) obtain an evaluation by an independent contractor of the extent to which the project is meeting the purposes of this section, using an evaluation design that, to the maximum extent feasible, includes random assignment of clients (or entities serving clients) to service delivery and control groups; and (B) make an interim report and a final report to the administering Secretary, in such manner as the administering Secretary may require, and implement such data systems as are necessary for the reports to be so made. (8) Public housing agency plan In the case of an application proposing a demonstration project that includes activities referred to in subsection (b)(2)(D) of this section— (A) a certification that the applicable annual public housing agency plan of any agency affected by the project that is approved under section 5A of the United States Housing Act of 1937 ( 42 U.S.C. 1437c–1 ) by the Secretary of Housing and Urban Development includes the information specified in paragraphs (1) through (4) of this subsection; and (B) any resident advisory board recommendations, and other information, relating to the project that, pursuant to section 5A(e)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437c–1(e)(2) ), is required to be included in the public housing agency plan of any public housing agency affected by the project. (9) Other information and assurances Such other information and assurances as the administering Secretary may require. (d) Approval of application (1) In general The administering Secretary with respect to a qualified program that is identified in an application submitted pursuant to subsection (c) shall approve the application and, except as provided in paragraph (2), waive any requirement applicable to the program, to the extent consistent with this section and necessary and appropriate for the conduct of the demonstration project proposed in the application if the administering Secretary determines that the project— (A) has a reasonable likelihood of achieving the objectives of the programs to be included in the project; (B) may reasonably be expected to meet the applicable cost limitation requirements of paragraph (4), as determined by the Director of the Office of Management and Budget; and (C) includes the coordination of 2 or more qualified programs. (2) Provisions excluded from waiver authority A waiver shall not be granted under paragraph (1)— (A) with respect to any provision of law relating to— (i) civil rights or prohibition of discrimination; (ii) purposes or goals of any program; (iii) maintenance of effort requirements; (iv) health or safety; (v) wage and hour requirements under sections 6 and 7 of the Fair Labor Standards Act of 1938; or (vi) environmental protection; (B) with respect to any work requirement imposed pursuant to section 407 of the Social Security Act; (C) with respect to section 241(a) of the Adult Education and Family Literacy Act; (D) in the case of a program under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ), with respect to any requirement under section 5A of such Act (42 U.S.C. 1437c–1; relating to public housing agency plans and resident advisory boards); (E) in the case of a program under the Workforce Investment Act, with respect to any requirement the waiver of which would violate section 189(i)(4)(A)(i) of such Act (29 U.S.C. 2939(i)(4)(A)(i)); (F) in the case of the supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 )), with respect to any requirement under— (i) section 6 (if waiving a requirement under such section would have the effect of expanding eligibility for the program), 7(b) or 16(c) of such Act (7 U.S.C. 2011 et seq.); or (ii) title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.); (G) with respect to any requirement that a State pass through to a sub-State entity part or all of an amount paid to the State; (H) if the waiver would waive any funding restriction or limitation provided in an appropriations Act, or would have the effect of transferring appropriated funds from 1 appropriations account to another; or (I) except as otherwise provided by statute, if the waiver would waive any funding restriction applicable to a program authorized under an Act which is not an appropriations Act (but not including program requirements such as application procedures, performance standards, reporting requirements, or eligibility standards), or would have the effect of transferring funds from a program for which there is direct spending (as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985) to another program. (3) Agreement of each administering Secretary required (A) In general An applicant may not conduct a demonstration project under this section unless each administering Secretary with respect to any program proposed to be included in the project has approved the application to conduct the project. (B) Agreement with respect to funding and implementation Before approving an application to conduct a demonstration project under this section, an administering Secretary shall have in place an agreement with the applicant with respect to the payment of funds and responsibilities of the administering Secretary with respect to the project. (4) Cost limitation requirement (A) General rule Notwithstanding any other provision of law (except subparagraph (B)), the total of the amounts that may be paid by the Federal Government for a fiscal year with respect to the programs in the State in which an entity conducting a demonstration project under this section is located that are affected by the project shall not exceed the estimated total amount that the Federal Government would have paid for the fiscal year with respect to the programs if the project had not been conducted, as determined by the Director of the Office of Management and Budget. (B) Special rule If an applicant submits to the Director of the Office of Management and Budget a request to apply the rules of this subparagraph to the programs in the State in which the applicant is located that are affected by a demonstration project proposed in an application submitted by the applicant pursuant to this section, during such period of not more than 5 consecutive fiscal years in which the project is in effect, and the Director determines, on the basis of supporting information provided by the applicant, to grant the request, then, notwithstanding any other provision of law, the total of the amounts that may be paid by the Federal Government for the period with respect to the programs shall not exceed the estimated total amount that the Federal Government would have paid for the period with respect to the programs if the project had not been conducted. (5) 90 -day approval deadline (A) In general If an administering Secretary receives an application to conduct a demonstration project under this section and does not disapprove the application within 90 days after the receipt, then— (i) the administering Secretary is deemed to have approved the application for such period as is requested in the application, except to the extent inconsistent with subsection (e); and (ii) any waiver requested in the application which applies to a qualified program that is identified in the application and is administered by the administering Secretary is deemed to be granted, except to the extent inconsistent with paragraph (2) or (4) of this subsection. (B) Deadline extended if additional information is sought (i) In general The 90-day period referred to in subparagraph (A) shall not include any period that begins with the date the administering Secretary requests the applicant to provide additional information with respect to the application and ends with the date the additional information is provided. (ii) Limitation on number of requests for additional information An administering Secretary may not make more than 1 request for additional information with respect to an application submitted pursuant to this section. (iii) 1 -year limit on response period If 1 year has elapsed since the date an administering Secretary made a request to an applicant under this subparagraph with respect to an application, and the administering Secretary has not received from the applicant a response to the request, the administering Secretary shall immediately approve or disapprove the application. (6) Rule of construction Nothing in this Act shall be construed to require the payment of the minimum wage in effect under section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) to any individual other than an employee of an employer subject to such section. (7) Disapproval If an administering Secretary disapproves an application submitted pursuant to this section, the administering Secretary shall include with the notice of disapproval an explanation of the reasons for the disapproval with specific reference to the particular requirements of paragraph (1) not met by the application. (e) Duration of project A demonstration project under this section may be approved for a term of not more than 5 years. (f) Modification of project (1) Request for modification An entity conducting a demonstration project approved under this section may submit to each administering Secretary with respect to any program included in the project a request to modify the project. (2) Requirement An administering Secretary may not approve a request submitted under paragraph (1) with respect to a project, unless the administering Secretary determines that, if the request is not approved, the project will not achieve its performance objectives because economic conditions have changed since the project was approved. (3) 30 -day approval deadline after response If an administering Secretary receives a request made under this subsection and does not disapprove the request within 30 days after the receipt, the administering Secretary is deemed to have approved the request, except to the extent inconsistent with subsection (d)(2), (d)(4), or (e). (4) Agreement of each administering Secretary required (A) In general The entity conducting a demonstration project approved under this section may not modify the project, except in accordance with a request approved under this subsection by each administering Secretary with respect to any program included in the project. (B) Agreement with respect to funding and implementation Before approving a request to modify a demonstration project approved under this section, an administering Secretary shall have in place an agreement with the requestor with respect to the payment of funds and responsibilities of the administering Secretary with respect to the modified project. (g) Early termination of project An administering Secretary with respect to a demonstration project conducted under this section may terminate the project if the administering Secretary— (1) determines that the entity conducting the project has violated the substantive terms or conditions of the project; (2) notifies the entity in writing with sufficient detail describing the violation; and (3) determines that the State has not taken action to correct the violation during the 90-day period beginning with the date the entity received the notice. (h) Reports to Congress (1) Report on disposition of applications Within 90 days after an administering Secretary receives an application submitted pursuant to this section, the administering Secretary shall submit to each Committee of the Congress which has jurisdiction over a qualified program identified in the application notice of the receipt, a description of the decision of the administering Secretary with respect to the application, and the reasons for approving or disapproving the application. (2) Reports on projects Each administering Secretary that has jurisdiction over a qualified program that is part of a demonstration project approved under this section shall provide annually to each Committee of the Congress that has jurisdiction over the program a report, which shall include— (A) the number of waivers granted for the project under this section, and the specific statutory provisions, if any, waived; (B) in the case of a project for which such a waiver is granted— (i) how well the project is improving or enhancing program achievement from the standpoint of quality, cost-effectiveness, or both; (ii) how well the project is meeting the performance objectives specified in subsection (c)(3)(B); and (iii) how the project is conforming with the cost limitation requirements of subsection (d)(4); (C) the number of individuals engaged in the program under the project; (D) the number of individuals so engaged who completed education or workforce development programs; (E) the number of individuals so engaged who reduced their dependence on government benefits as result of self-sufficiency; (F) an explanation of the functions the State or sub-State project employed to help individuals achieve self sufficiency; (G) an up-to-date statement of the cost of the project, and of the expected future costs of continuing the project; (H) to the extent the administering Secretary deems appropriate, recommendations for modifying programs based on project outcomes; and (I) if the project has been carried out for at least 30 months, a statement as to whether the project is meeting the goals of the project and a determination as to whether the project will be continued for the remainder of the term for which the project was approved. (3) Funding Each administering Secretary that has jurisdiction over a qualified program that is part of a demonstration project approved under this section shall reserve an amount equal to not more than 1 percent of the amount to be provided for the conduct of the project, and use the amount so reserved to carry out this subsection with respect to the project. 3. Amendment to United States Housing Act of 1937 Section 5A(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437c–1(d) ) is amended— (1) by redesignating paragraph (19) as paragraph (20); and (2) by inserting after paragraph (18) the following new paragraph: (19) Program coordination demonstration projects In the case of an agency that administers an activity referred to in section 2(b)(2)(D) of the State and Local Program Coordination Flexibility Act that, during such fiscal year, will be included in a demonstration project under section 2 of such Act, the information that is required to be included in the application for the project pursuant to paragraphs (1) through (4) of section 2(c) of such Act. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4206ih/xml/BILLS-113hr4206ih.xml
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113-hr-4207
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I 113th CONGRESS 2d Session H. R. 4207 IN THE HOUSE OF REPRESENTATIVES March 11, 2014 Mr. Richmond introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 in order to allow the Secretary of Education to award job training Federal Pell Grants.
1. Short title This Act may be cited as the Jumpstart Our Businesses by Supporting Students Act of 2014 or the JOBS Act of 2014 . 2. Job training Federal Pell Grants Section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) is amended by adding at the end the following: (k) Job training Federal Pell Grant program (1) In general For the award years beginning on July 1, 2014, and ending on June 30, 2020, the Secretary shall carry out a program through which the Secretary awards job training Federal Pell Grants to students in job training programs. Each job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as a Federal Pell Grant awarded under subsection (a), except as follows: (A) A student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who— (i) has not yet attained a baccalaureate degree or postbaccalaureate degree; (ii) attends an eligible institution of higher education; (iii) is enrolled in, or accepted for enrollment in, a job training program at such institution of higher education that does not lead to a baccalaureate degree; and (iv) meets all other eligibility requirements for a Federal Pell Grant (except with respect to the type of program of study, as provided in clause (iii)). (B) The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b)(2)(A), except that— (i) the maximum Federal Pell Grant for purposes of an award under this subsection shall be $2,430; (ii) no increase shall be calculated under subsection (b)(7)(B) for a student receiving a job training Federal Pell Grant under this subsection; and (iii) the requirement of subsection (b)(4) prohibiting Federal Pell Grants of less than a certain amount shall not apply. (2) Inclusion in total eligibility period Any period during which a student receives a job training Federal Pell Grant under this subsection shall be included in calculating the student's period of eligibility for Federal Pell Grants under subsection (c), and any regulations under such subsection regarding students who are enrolled in an undergraduate program on less than a full-time basis shall similarly apply to students who are enrolled in a job training program at an eligible institution on less than a full-time basis. (3) Definition of job training program In this subsection, the term job training program means a career and technical education program at an institution of higher education that— (A) provides not less than 150 clock hours of instructional time over a period of not less than 8 weeks; (B) provides training needed to meet the needs of the local or regional workforce; (C) provides a student, upon completion of the program, with a recognized educational credential that is recognized by the relevant industry and meets the requirements of subparagraph (D); (D) has been determined, by the institution of higher education, to provide academic content, an amount of instructional time, and a recognized educational credential that are sufficient to— (i) meet the hiring requirements of multiple potential employers; and (ii) allow the students to apply for any licenses or certifications that may be required to be employed in the field for which the job training is offered; and (E) may include integrated or basic skills courses. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4207ih/xml/BILLS-113hr4207ih.xml
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113-hr-4208
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I 113th CONGRESS 2d Session H. R. 4208 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Gary G. Miller of California (for himself, Mr. Sherman , Mrs. Carolyn B. Maloney of New York , Mr. Calvert , Mr. McNerney , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To ensure stability in FHA maximum mortgage amount limitations for areas experiencing decreases in median home prices.
1. Short title This Act may be cited as the Stabilizing FHA Loan Limit Calculations Act of 2014 . 2. FHA maximum mortgage amount limitations Paragraph (2) of section 203(b) of the National Housing Act ( 12 U.S.C. 1709(b)(2) ) is amended— (1) in subparagraph (A)(i), by inserting before ; or the following: ; except that with respect to 2014 and each year thereafter, the median house price for any size residence for an area shall, for purposes of this clause, be considered to be equal to the greatest median house price for such size residence for such area used by the Secretary for purposes of determining the dollar amount limitation on the principal obligation for purposes of this section for 2013 (pursuant to section 238 of Public Law 112–55 ; 125 Stat. 702), or for any year thereafter before the assignment of the Federal Housing Administration case number for the mortgage involved ; and (2) by adding at the end the following undesignated paragraph: Notwithstanding any other provision of law, if the Secretary determines, for any geographic area that is smaller than an area for which dollar amount limitations on the principal obligation of a mortgage are determined under this paragraph, that a higher such maximum dollar amount limitation is warranted for any particular size or sizes of residences in such sub-area by higher median home prices in such sub-area, the Secretary may increase the maximum dollar amount limitation for such size or sizes of residences for such sub-area that is otherwise in effect (including pursuant to the first sentence of this paragraph), but in no case to an amount that exceeds the amount specified in subparagraph (A)(ii) of this paragraph. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4208ih/xml/BILLS-113hr4208ih.xml
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113-hr-4209
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I 113th CONGRESS 2d Session H. R. 4209 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Tierney introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , the Judiciary , and the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to repeal the Medicare sustainable growth rate and improve Medicare payments for physicians and other professionals, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the SGR Repeal and Medicare Provider Payment Modernization Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services. Sec. 3. Priorities and funding for measure development. Sec. 4. Encouraging care management for individuals with chronic care needs. Sec. 5. Ensuring accurate valuation of services under the physician fee schedule. Sec. 6. Promoting evidence-based care. Sec. 7. Empowering beneficiary choices through access to information on physicians’ services. Sec. 8. Expanding availability of Medicare data. Sec. 9. Reducing administrative burden and other provisions. Sec. 10. Savings from overseas contingency and related activities. 2. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services (a) Stabilizing fee updates (1) Repeal of SGR payment methodology Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (A) in subsection (d)— (i) in paragraph (1)(A), by inserting or a subsequent paragraph after paragraph (4) ; and (ii) in paragraph (4)— (I) in the heading, by inserting and ending with 2013 after years beginning with 2001 ; and (II) in subparagraph (A), by inserting and ending with 2013 after a year beginning with 2001 ; and (B) in subsection (f)— (i) in paragraph (1)(B), by inserting through 2013 after of each succeeding year ; and (ii) in paragraph (2), in the matter preceding subparagraph (A), by inserting and ending with 2013 after beginning with 2000 . (2) Update of rates for April through December of 2014, 2015, and subsequent years Subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended by striking paragraph (15) and inserting the following new paragraphs: (15) Update for 2014 through 2018 The update to the single conversion factor established in paragraph (1)(C) for 2014 and each subsequent year through 2018 shall be 0.5 percent. (16) Update for 2019 through 2023 The update to the single conversion factor established in paragraph (1)(C) for 2019 and each subsequent year through 2023 shall be zero percent. (17) Update for 2024 and subsequent years The update to the single conversion factor established in paragraph (1)(C) for 2024 and each subsequent year shall be— (A) for items and services furnished by a qualifying APM participant (as defined in section 1833(z)(2)) for such year, 1.0 percent; and (B) for other items and services, 0.5 percent. . (3) MedPAC reports (A) Initial report Not later than July 1, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship between— (i) physician and other health professional utilization and expenditures (and the rate of increase of such utilization and expenditures) of items and services for which payment is made under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ); and (ii) total utilization and expenditures (and the rate of increase of such utilization and expenditures) under parts A, B, and D of title XVIII of such Act. Such report shall include a methodology to describe such relationship and the impact of changes in such physician and other health professional practice and service ordering patterns on total utilization and expenditures under parts A, B, and D of such title. (B) Final report Not later than July 1, 2020, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship described in subparagraph (A), including the results determined from applying the methodology included in the report submitted under such subparagraph. (C) Report on update to physicians’ services under Medicare Not later than July 1, 2018, the Medicare Payment Advisory Commission shall submit to Congress a report on— (i) the payment update for professional services applied under the Medicare program under title XVIII of the Social Security Act for the period of years 2014 through 2018; (ii) the effect of such update on the efficiency, economy, and quality of care provided under such program; (iii) the effect of such update on ensuring a sufficient number of providers to maintain access to care by Medicare beneficiaries; and (iv) recommendations for any future payment updates for professional services under such program to ensure adequate access to care is maintained for Medicare beneficiaries. (b) Consolidation of certain current law performance programs with new merit-Based Incentive Payment System (1) EHR meaningful use incentive program (A) Sunsetting separate meaningful use payment adjustments Section 1848(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(A) ) is amended— (i) in clause (i), by striking or any subsequent payment year and inserting or 2017 ; (ii) in clause (ii)— (I) in the matter preceding subclause (I), by striking Subject to clause (iii), for and inserting For ; (II) in subclause (I), by adding at the end and ; (III) in subclause (II), by striking ; and and inserting a period; and (IV) by striking subclause (III); and (iii) by striking clause (iii). (B) Continuation of meaningful use determinations for MIPS Section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) ) is amended— (i) in subparagraph (A), in the matter preceding clause (i)— (I) by striking For purposes of paragraph (1), an and inserting An ; and (II) by inserting , or pursuant to subparagraph (D) for purposes of subsection (q), for a performance period under such subsection for a year after under such subsection for a year ; and (ii) by adding at the end the following new subparagraph: (D) Continued application for purposes of MIPS With respect to 2018 and each subsequent payment year, the Secretary shall, for purposes of subsection (q) and in accordance with paragraph (1)(F) of such subsection, determine whether an eligible professional who is a MIPS eligible professional (as defined in subsection (q)(1)(C)) for such year is a meaningful EHR user under this paragraph for the performance period under subsection (q) for such year. . (2) Quality reporting (A) Sunsetting separate quality reporting incentives Section 1848(a)(8)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(8)(A) ) is amended— (i) in clause (i), by striking or any subsequent year and inserting or 2017 ; and (ii) in clause (ii)(II), by striking and each subsequent year . (B) Continuation of quality measures and processes for MIPS Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (i) in subsection (k), by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the provisions of this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. ; and (ii) in subsection (m)— (I) by redesignating paragraph (7) added by section 10327(a) of Public Law 111–148 as paragraph (8); and (II) by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the processes under this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. . (3) Value-based payments (A) Sunsetting separate value-based payments Clause (iii) of section 1848(p)(4)(B) of the Social Security Act ( 42 U.S.C. 1395w–4(p)(4)(B) ) is amended to read as follows: (iii) Application The Secretary shall apply the payment modifier established under this subsection for items and services furnished on or after January 1, 2015, but before January 1, 2018, with respect to specific physicians and groups of physicians the Secretary determines appropriate. Such payment modifier shall not be applied for items and services furnished on or after January 1, 2018. . (B) Continuation of value-based payment modifier measures for MIPS Section 1848(p) of the Social Security Act ( 42 U.S.C. 1395w–4(p) ) is amended— (i) in paragraph (2), by adding at the end the following new subparagraph: (C) Continued application for purposes of MIPS The Secretary shall, in accordance with subsection (q)(1)(F), carry out subparagraph (B) for purposes of subsection (q). ; and (ii) in paragraph (3), by adding at the end the following: With respect to 2018 and each subsequent year, the Secretary shall, in accordance with subsection (q)(1)(F), carry out this paragraph for purposes of subsection (q). . (c) Merit-Based Incentive Payment System (1) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended by adding at the end the following new subsection: (q) Merit-Based Incentive Payment System (1) Establishment (A) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish an eligible professional Merit-based Incentive Payment System (in this subsection referred to as the MIPS ) under which the Secretary shall— (i) develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) for a performance period (as established under paragraph (4)) for a year; (ii) using such methodology, provide for a composite performance score in accordance with paragraph (5) for each such professional for each performance period; and (iii) use such composite performance score of the MIPS eligible professional for a performance period for a year to determine and apply a MIPS adjustment factor (and, as applicable, an additional MIPS adjustment factor) under paragraph (6) to the professional for the year. (B) Program implementation The MIPS shall apply to payments for items and services furnished on or after January 1, 2018. (C) MIPS eligible professional defined (i) In general For purposes of this subsection, subject to clauses (ii) and (iv), the term MIPS eligible professional means— (I) for the first and second years for which the MIPS applies to payments (and for the performance period for such first and second year), a physician (as defined in section 1861(r)), a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)) and a group that includes such professionals; and (II) for the third year for which the MIPS applies to payments (and for the performance period for such third year) and for each succeeding year (and for the performance period for each such year), the professionals described in subclause (I) and such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary and a group that includes such professionals. (ii) Exclusions For purposes of clause (i), the term MIPS eligible professional does not include, with respect to a year, an eligible professional (as defined in subsection (k)(3)(B)) who— (I) is a qualifying APM participant (as defined in section 1833(z)(2)); (II) subject to clause (vii), is a partial qualifying APM participant (as defined in clause (iii)) for the most recent period for which data are available and who, for the performance period with respect to such year, does not report on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS; or (III) for the performance period with respect to such year, does not exceed the low-volume threshold measurement selected under clause (iv). (iii) Partial qualifying APM participant For purposes of this subparagraph, the term partial qualifying APM participant means, with respect to a year, an eligible professional for whom the Secretary determines the minimum payment percentage (or percentages), as applicable, described in paragraph (2) of section 1833(z) for such year have not been satisfied, but who would be considered a qualifying APM participant (as defined in such paragraph) for such year if— (I) with respect to 2018 and 2019, the reference in subparagraph (A) of such paragraph to 25 percent was instead a reference to 20 percent; (II) with respect to 2020 and 2021— (aa) the reference in subparagraph (B)(i) of such paragraph to 50 percent was instead a reference to 40 percent; and (bb) the references in subparagraph (B)(ii) of such paragraph to 50 percent and 25 percent of such paragraph were instead references to 40 percent and 20 percent, respectively; and (III) with respect to 2022 and subsequent years— (aa) the reference in subparagraph (C)(i) of such paragraph to 75 percent was instead a reference to 50 percent; and (bb) the references in subparagraph (C)(ii) of such paragraph to 75 percent and 25 percent of such paragraph were instead references to 50 percent and 20 percent, respectively. (iv) Selection of low-volume threshold measurement The Secretary shall select a low-volume threshold to apply for purposes of clause (ii)(III), which may include one or more or a combination of the following: (I) The minimum number (as determined by the Secretary) of individuals enrolled under this part who are treated by the eligible professional for the performance period involved. (II) The minimum number (as determined by the Secretary) of items and services furnished to individuals enrolled under this part by such professional for such performance period. (III) The minimum amount (as determined by the Secretary) of allowed charges billed by such professional under this part for such performance period. (v) Treatment of new Medicare enrolled eligible professionals In the case of a professional who first becomes a Medicare enrolled eligible professional during the performance period for a year (and had not previously submitted claims under this title such as a person, an entity, or a part of a physician group or under a different billing number or tax identifier), such professional shall not be treated under this subsection as a MIPS eligible professional until the subsequent year and performance period for such subsequent year. (vi) Clarification In the case of items and services furnished during a year by an individual who is not a MIPS eligible professional (including pursuant to clauses (ii) and (v)) with respect to a year, in no case shall a MIPS adjustment factor (or additional MIPS adjustment factor) under paragraph (6) apply to such individual for such year. (vii) Partial qualifying APM participant clarifications (I) Treatment as MIPS eligible professional In the case of an eligible professional who is a partial qualifying APM participant, with respect to a year, and who for the performance period for such year reports on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS, such eligible professional is considered to be a MIPS eligible professional with respect to such year. (II) Not eligible for qualifying APM participant payments In no case shall an eligible professional who is a partial qualifying APM participant, with respect to a year, be considered a qualifying APM participant (as defined in paragraph (2) of section 1833(z)) for such year or be eligible for the additional payment under paragraph (1) of such section for such year. (D) Application to group practices (i) In general Under the MIPS: (I) Quality performance category The Secretary shall establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing performance of such group with respect to the performance category described in clause (i) of paragraph (2)(A). (II) Other performance categories The Secretary may establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing the performance of such group with respect to the performance categories described in clauses (ii) through (iv) of such paragraph. (ii) Ensuring comprehensiveness of group practice assessment The process established under clause (i) shall to the extent practicable reflect the range of items and services furnished by the MIPS eligible professionals in the group practice involved. (iii) Clarification MIPS eligible professionals electing to be a virtual group under paragraph (5)(I) shall not be considered MIPS eligible professionals in a group practice for purposes of applying this subparagraph. (E) Use of registries Under the MIPS, the Secretary shall encourage the use of qualified clinical data registries pursuant to subsection (m)(3)(E) in carrying out this subsection. (F) Application of certain provisions In applying a provision of subsection (k), (m), (o), or (p) for purposes of this subsection, the Secretary shall— (i) adjust the application of such provision to ensure the provision is consistent with the provisions of this subsection; and (ii) not apply such provision to the extent that the provision is duplicative with a provision of this subsection. (G) Accounting for risk factors (i) Risk factors Taking into account the relevant studies conducted and recommendations made in reports under section 2(f)(1) of the SGR Repeal and Medicare Provider Payment Modernization Act of 2014, the Secretary, on an ongoing basis, shall estimate how an individual’s health status and other risk factors affect quality and resource use outcome measures and, as feasible, shall incorporate information from quality and resource use outcome measurement (including care episode and patient condition groups) into the MIPS. (ii) Accounting for other factors in payment adjustments Taking into account the studies conducted and recommendations made in reports under section 2(f)(1) of the SGR Repeal and Medicare Provider Payment Modernization Act of 2014 and other information as appropriate, the Secretary shall account for identified factors with an effect on quality and resource use outcome measures when determining payment adjustments, composite performance scores, scores for performance categories, or scores for measures or activities under the MIPS. (2) Measures and activities under performance categories (A) Performance categories Under the MIPS, the Secretary shall use the following performance categories (each of which is referred to in this subsection as a performance category) in determining the composite performance score under paragraph (5): (i) Quality. (ii) Resource use. (iii) Clinical practice improvement activities. (iv) Meaningful use of certified EHR technology. (B) Measures and activities specified for each category For purposes of paragraph (3)(A) and subject to subparagraph (C), measures and activities specified for a performance period (as established under paragraph (4)) for a year are as follows: (i) Quality For the performance category described in subparagraph (A)(i), the quality measures included in the final measures list published under subparagraph (D)(i) for such year and the list of quality measures described in subparagraph (D)(vi) used by qualified clinical data registries under subsection (m)(3)(E). (ii) Resource use For the performance category described in subparagraph (A)(ii), the measurement of resource use for such period under subsection (p)(3), using the methodology under subsection (r) as appropriate, and, as feasible and applicable, accounting for the cost of drugs under part D. (iii) Clinical practice improvement activities For the performance category described in subparagraph (A)(iii), clinical practice improvement activities (as defined in subparagraph (C)(v)(III)) under subcategories specified by the Secretary for such period, which shall include at least the following: (I) The subcategory of expanded practice access, which shall include activities such as same day appointments for urgent needs and after hours access to clinician advice. (II) The subcategory of population management, which shall include activities such as monitoring health conditions of individuals to provide timely health care interventions or participation in a qualified clinical data registry. (III) The subcategory of care coordination, which shall include activities such as timely communication of test results, timely exchange of clinical information to patients and other providers, and use of remote monitoring or telehealth. (IV) The subcategory of beneficiary engagement, which shall include activities such as the establishment of care plans for individuals with complex care needs, beneficiary self-management assessment and training, and using shared decision-making mechanisms. (V) The subcategory of patient safety and practice assessment, such as through use of clinical or surgical checklists and practice assessments related to maintaining certification. (VI) The subcategory of participation in an alternative payment model (as defined in section 1833(z)(3)(C)). In establishing activities under this clause, the Secretary shall give consideration to the circumstances of small practices (consisting of 15 or fewer professionals) and practices located in rural areas and in health professional shortage areas (as designated under section 332(a)(1)(A) of the Public Health Service Act). (iv) Meaningful EHR use For the performance category described in subparagraph (A)(iv), the requirements established for such period under subsection (o)(2) for determining whether an eligible professional is a meaningful EHR user. (C) Additional provisions (i) Emphasizing outcome measures under the quality performance category In applying subparagraph (B)(i), the Secretary shall, as feasible, emphasize the application of outcome measures. (ii) Application of additional system measures The Secretary may use measures used for a payment system other than for physicians, such as measures for inpatient hospitals, for purposes of the performance categories described in clauses (i) and (ii) of subparagraph (A). For purposes of the previous sentence, the Secretary may not use measures for hospital outpatient departments, except in the case of emergency physicians. (iii) Global and population-based measures The Secretary may use global measures, such as global outcome measures, and population-based measures for purposes of the performance category described in subparagraph (A)(i). (iv) Application of measures and activities to non-patient-facing professionals In carrying out this paragraph, with respect to measures and activities specified in subparagraph (B) for performance categories described in subparagraph (A), the Secretary— (I) shall give consideration to the circumstances of professional types (or subcategories of those types determined by practice characteristics) who typically furnish services that do not involve face-to-face interaction with a patient; and (II) may, to the extent feasible and appropriate, take into account such circumstances and apply under this subsection with respect to MIPS eligible professionals of such professional types or subcategories, alternative measures or activities that fulfill the goals of the applicable performance category. In carrying out the previous sentence, the Secretary shall consult with professionals of such professional types or subcategories. (v) Clinical practice improvement activities (I) Request for information In initially applying subparagraph (B)(iii), the Secretary shall use a request for information to solicit recommendations from stakeholders to identify activities described in such subparagraph and specifying criteria for such activities. (II) Contract authority for clinical practice improvement activities performance category In applying subparagraph (B)(iii), the Secretary may contract with entities to assist the Secretary in— (aa) identifying activities described in subparagraph (B)(iii); (bb) specifying criteria for such activities; and (cc) determining whether a MIPS eligible professional meets such criteria. (III) Clinical practice improvement activities defined For purposes of this subsection, the term clinical practice improvement activity means an activity that relevant eligible professional organizations and other relevant stakeholders identify as improving clinical practice or care delivery and that the Secretary determines, when effectively executed, is likely to result in improved outcomes. (D) Annual list of quality measures available for MIPS assessment (i) In general Under the MIPS, the Secretary, through notice and comment rulemaking and subject to the succeeding clauses of this subparagraph, shall, with respect to the performance period for a year, establish an annual final list of quality measures from which MIPS eligible professionals may choose for purposes of assessment under this subsection for such performance period. Pursuant to the previous sentence, the Secretary shall— (I) not later than November 1 of the year prior to the first day of the first performance period under the MIPS, establish and publish in the Federal Register a final list of quality measures; and (II) not later than November 1 of the year prior to the first day of each subsequent performance period, update the final list of quality measures from the previous year (and publish such updated final list in the Federal Register), by— (aa) removing from such list, as appropriate, quality measures, which may include the removal of measures that are no longer meaningful (such as measures that are topped out); (bb) adding to such list, as appropriate, new quality measures; and (cc) determining whether or not quality measures on such list that have undergone substantive changes should be included in the updated list. (ii) Call for quality measures (I) In general Eligible professional organizations and other relevant stakeholders shall be requested to identify and submit quality measures to be considered for selection under this subparagraph in the annual list of quality measures published under clause (i) and to identify and submit updates to the measures on such list. For purposes of the previous sentence, measures may be submitted regardless of whether such measures were previously published in a proposed rule or endorsed by an entity with a contract under section 1890(a). (II) Eligible professional organization defined In this subparagraph, the term eligible professional organization means a professional organization as defined by nationally recognized multispecialty boards of certification or equivalent certification boards. (iii) Requirements In selecting quality measures for inclusion in the annual final list under clause (i), the Secretary shall— (I) provide that, to the extent practicable, all quality domains (as defined in subsection (s)(1)(B)) are addressed by such measures; and (II) ensure that such selection is consistent with the process for selection of measures under subsections (k), (m), and (p)(2). (iv) Peer review Before including a new measure or a measure described in clause (i)(II)(cc) in the final list of measures published under clause (i) for a year, the Secretary shall submit for publication in applicable specialty-appropriate peer-reviewed journals such measure and the method for developing and selecting such measure, including clinical and other data supporting such measure. (v) Measures for inclusion The final list of quality measures published under clause (i) shall include, as applicable, measures under subsections (k), (m), and (p)(2), including quality measures from among— (I) measures endorsed by a consensus-based entity; (II) measures developed under subsection (s); and (III) measures submitted under clause (ii)(I). Any measure selected for inclusion in such list that is not endorsed by a consensus-based entity shall have a focus that is evidence-based. (vi) Exception for qualified clinical data registry measures Measures used by a qualified clinical data registry under subsection (m)(3)(E) shall not be subject to the requirements under clauses (i), (iv), and (v). The Secretary shall publish the list of measures used by such qualified clinical data registries on the Internet website of the Centers for Medicare & Medicaid Services. (vii) Exception for existing quality measures Any quality measure specified by the Secretary under subsection (k) or (m), including under subsection (m)(3)(E), and any measure of quality of care established under subsection (p)(2) for the reporting period under the respective subsection beginning before the first performance period under the MIPS— (I) shall not be subject to the requirements under clause (i) (except under items (aa) and (cc) of subclause (II) of such clause) or to the requirement under clause (iv); and (II) shall be included in the final list of quality measures published under clause (i) unless removed under clause (i)(II)(aa). (viii) Consultation with relevant eligible professional organizations and other relevant stakeholders Relevant eligible professional organizations and other relevant stakeholders, including State and national medical societies, shall be consulted in carrying out this subparagraph. (ix) Optional application The process under section 1890A is not required to apply to the selection of measures under this subparagraph. (3) Performance standards (A) Establishment Under the MIPS, the Secretary shall establish performance standards with respect to measures and activities specified under paragraph (2)(B) for a performance period (as established under paragraph (4)) for a year. (B) Considerations in establishing standards In establishing such performance standards with respect to measures and activities specified under paragraph (2)(B), the Secretary shall consider the following: (i) Historical performance standards. (ii) Improvement. (iii) The opportunity for continued improvement. (4) Performance period The Secretary shall establish a performance period (or periods) for a year (beginning with the year described in paragraph (1)(B)). Such performance period (or periods) shall begin and end prior to the beginning of such year and be as close as possible to such year. In this subsection, such performance period (or periods) for a year shall be referred to as the performance period for the year. (5) Composite performance score (A) In general Subject to the succeeding provisions of this paragraph and taking into account, as available and applicable, paragraph (1)(G), the Secretary shall develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) with respect to applicable measures and activities specified in paragraph (2)(B) with respect to each performance category applicable to such professional for a performance period (as established under paragraph (4)) for a year. Using such methodology, the Secretary shall provide for a composite assessment (using a scoring scale of 0 to 100) for each such professional for the performance period for such year. In this subsection such a composite assessment for such a professional with respect to a performance period shall be referred to as the composite performance score for such professional for such performance period. (B) Incentive to report; encouraging use of certified EHR technology for reporting quality measures (i) Incentive to report Under the methodology established under subparagraph (A), the Secretary shall provide that in the case of a MIPS eligible professional who fails to report on an applicable measure or activity that is required to be reported by the professional, the professional shall be treated as achieving the lowest potential score applicable to such measure or activity. (ii) Encouraging use of certified EHR technology and qualified clinical data registries for reporting quality measures Under the methodology established under subparagraph (A), the Secretary shall— (I) encourage MIPS eligible professionals to report on applicable measures with respect to the performance category described in paragraph (2)(A)(i) through the use of certified EHR technology and qualified clinical data registries; and (II) with respect to a performance period, with respect to a year, for which a MIPS eligible professional reports such measures through the use of such EHR technology, treat such professional as satisfying the clinical quality measures reporting requirement described in subsection (o)(2)(A)(iii) for such year. (C) Clinical practice improvement activities performance score (i) Rule for accreditation A MIPS eligible professional who is in a practice that is certified as a patient-centered medical home or comparable specialty practice pursuant to subsection (b)(8)(B)(i) with respect to a performance period shall be given the highest potential score for the performance category described in paragraph (2)(A)(iii) for such period. (ii) APM participation Participation by a MIPS eligible professional in an alternative payment model (as defined in section 1833(z)(3)(C)) with respect to a performance period shall earn such eligible professional a minimum score of one-half of the highest potential score for the performance category described in paragraph (2)(A)(iii) for such performance period. (iii) Subcategories A MIPS eligible professional shall not be required to perform activities in each subcategory under paragraph (2)(B)(iii) or participate in an alternative payment model in order to achieve the highest potential score for the performance category described in paragraph (2)(A)(iii). (D) Achievement and improvement (i) Taking into account improvement Beginning with the second year to which the MIPS applies, in addition to the achievement of a MIPS eligible professional, if data sufficient to measure improvement is available, the methodology developed under subparagraph (A)— (I) in the case of the performance score for the performance category described in clauses (i) and (ii) of paragraph (2)(A), shall take into account the improvement of the professional; and (II) in the case of performance scores for other performance categories, may take into account the improvement of the professional. (ii) Assigning higher weight for achievement Beginning with the fourth year to which the MIPS applies, under the methodology developed under subparagraph (A), the Secretary may assign a higher scoring weight under subparagraph (F) with respect to the achievement of a MIPS eligible professional than with respect to any improvement of such professional applied under clause (i) with respect to a measure, activity, or category described in paragraph (2). (E) Weights for the performance categories (i) In general Under the methodology developed under subparagraph (A), subject to subparagraph (F)(i) and clauses (ii) and (iii), the composite performance score shall be determined as follows: (I) Quality (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (i) of paragraph (2)(A). In applying the previous sentence, the Secretary shall, as feasible, encourage the application of outcome measures within such category. (bb) First 2 years For the first and second years for which the MIPS applies to payments, the percentage applicable under item (aa) shall be increased in a manner such that the total percentage points of the increase under this item for the respective year equals the total number of percentage points by which the percentage applied under subclause (II)(bb) for the respective year is less than 30 percent. (II) Resource use (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (bb) First 2 years For the first year for which the MIPS applies to payments, not more than 10 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). For the second year for which the MIPS applies to payments, not more than 15 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (III) Clinical practice improvement activities Fifteen percent of such score shall be based on performance with respect to the category described in clause (iii) of paragraph (2)(A). (IV) Meaningful use of certified EHR technology Twenty-five percent of such score shall be based on performance with respect to the category described in clause (iv) of paragraph (2)(A). (ii) Authority to adjust percentages in case of high EHR meaningful use adoption In any year in which the Secretary estimates that the proportion of eligible professionals (as defined in subsection (o)(5)) who are meaningful EHR users (as determined under subsection (o)(2)) is 75 percent or greater, the Secretary may reduce the percent applicable under clause (i)(IV), but not below 15 percent. If the Secretary makes such reduction for a year, subject to subclauses (I)(bb) and (II)(bb) of clause (i), the percentages applicable under one or more of subclauses (I), (II), and (III) of clause (i) for such year shall be increased in a manner such that the total percentage points of the increase under this clause for such year equals the total number of percentage points reduced under the preceding sentence for such year. (F) Certain flexibility for weighting performance categories, measures, and activities Under the methodology under subparagraph (A), if there are not sufficient measures and clinical practice improvement activities applicable and available to each type of eligible professional involved, the Secretary shall assign different scoring weights (including a weight of 0)— (i) which may vary from the scoring weights specified in subparagraph (E), for each performance category based on the extent to which the category is applicable to the type of eligible professional involved; and (ii) for each measure and activity specified under paragraph (2)(B) with respect to each such category based on the extent to which the measure or activity is applicable and available to the type of eligible professional involved. (G) Resource use Analysis of the performance category described in paragraph (2)(A)(ii) shall include results from the methodology described in subsection (r)(5), as appropriate. (H) Inclusion of quality measure data from other payers In applying subsections (k), (m), and (p) with respect to measures described in paragraph (2)(B)(i), analysis of the performance category described in paragraph (2)(A)(i) may include data submitted by MIPS eligible professionals with respect to items and services furnished to individuals who are not individuals entitled to benefits under part A or enrolled under part B. (I) Use of voluntary virtual groups for certain assessment purposes (i) In general In the case of MIPS eligible professionals electing to be a virtual group under clause (ii) with respect to a performance period for a year, for purposes of applying the methodology under subparagraph (A)— (I) the assessment of performance provided under such methodology with respect to the performance categories described in clauses (i) and (ii) of paragraph (2)(A) that is to be applied to each such professional in such group for such performance period shall be with respect to the combined performance of all such professionals in such group for such period; and (II) the composite score provided under this paragraph for such performance period with respect to each such performance category for each such MIPS eligible professional in such virtual group shall be based on the assessment of the combined performance under subclause (I) for the performance category and performance period. (ii) Election of practices to be a virtual group The Secretary shall, in accordance with clause (iii), establish and have in place a process to allow an individual MIPS eligible professional or a group practice consisting of not more than 10 MIPS eligible professionals to elect, with respect to a performance period for a year, for such individual MIPS eligible professional or all such MIPS eligible professionals in such group practice, respectively, to be a virtual group under this subparagraph with at least one other such individual MIPS eligible professional or group practice making such an election. Such a virtual group may be based on geographic areas or on provider specialties defined by nationally recognized multispecialty boards of certification or equivalent certification boards and such other eligible professional groupings in order to capture classifications of providers across eligible professional organizations and other practice areas or categories. (iii) Requirements The process under clause (ii)— (I) shall provide that an election under such clause, with respect to a performance period, shall be made before or during the beginning of such performance period and may not be changed during such performance period; (II) shall provide that a practice described in such clause, and each MIPS eligible professional in such practice, may elect to be in no more than one virtual group for a performance period; and (III) may provide that a virtual group may be combined at the tax identification number level. (6) MIPS payments (A) MIPS adjustment factor Taking into account paragraph (1)(G), the Secretary shall specify a MIPS adjustment factor for each MIPS eligible professional for a year. Such MIPS adjustment factor for a MIPS eligible professional for a year shall be in the form of a percent and shall be determined— (i) by comparing the composite performance score of the eligible professional for such year to the performance threshold established under subparagraph (D)(i) for such year; (ii) in a manner such that the adjustment factors specified under this subparagraph for a year result in differential payments under this paragraph reflecting that— (I) MIPS eligible professionals with composite performance scores for such year at or above such performance threshold for such year receive zero or positive incentive payment adjustment factors for such year in accordance with clause (iii), with such professionals having higher composite performance scores receiving higher adjustment factors; and (II) MIPS eligible professionals with composite performance scores for such year below such performance threshold for such year receive negative payment adjustment factors for such year in accordance with clause (iv), with such professionals having lower composite performance scores receiving lower adjustment factors; (iii) in a manner such that MIPS eligible professionals with composite scores described in clause (ii)(I) for such year, subject to clauses (i) and (ii) of subparagraph (F), receive a zero or positive adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the applicable percent specified in subparagraph (B) is assigned for a score of 100; and (iv) in a manner such that— (I) subject to subclause (II), MIPS eligible professionals with composite performance scores described in clause (ii)(II) for such year receive a negative payment adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the negative of the applicable percent specified in subparagraph (B) is assigned for a score of 0; and (II) MIPS eligible professionals with composite performance scores that are equal to or greater than 0, but not greater than 1/4 of the performance threshold specified under subparagraph (D)(i) for such year, receive a negative payment adjustment factor that is equal to the negative of the applicable percent specified in subparagraph (B) for such year. (B) Applicable percent defined For purposes of this paragraph, the term applicable percent means— (i) for 2018, 4 percent; (ii) for 2019, 5 percent; (iii) for 2020, 7 percent; and (iv) for 2021 and subsequent years, 9 percent. (C) Additional MIPS adjustment factors for exceptional performance (i) In general In the case of a MIPS eligible professional with a composite performance score for a year at or above the additional performance threshold under subparagraph (D)(ii) for such year, in addition to the MIPS adjustment factor under subparagraph (A) for the eligible professional for such year, subject to the availability of funds under clause (ii), the Secretary shall specify an additional positive MIPS adjustment factor for such professional and year. Such additional MIPS adjustment factors shall be determined by the Secretary in a manner such that professionals having higher composite performance scores above the additional performance threshold receive higher additional MIPS adjustment factors. (ii) Additional funding pool For 2018 and each subsequent year through 2023, there is appropriated from the Federal Supplementary Medical Insurance Trust Fund $500,000,000 for MIPS payments under this paragraph resulting from the application of the additional MIPS adjustment factors under clause (i). (D) Establishment of performance thresholds (i) Performance threshold For each year of the MIPS, the Secretary shall compute a performance threshold with respect to which the composite performance score of MIPS eligible professionals shall be compared for purposes of determining adjustment factors under subparagraph (A) that are positive, negative, and zero. Such performance threshold for a year shall be the mean or median (as selected by the Secretary) of the composite performance scores for all MIPS eligible professionals with respect to a prior period specified by the Secretary. The Secretary may reassess the selection under the previous sentence every 3 years. (ii) Additional performance threshold for exceptional performance In addition to the performance threshold under clause (i), for each year of the MIPS, the Secretary shall compute an additional performance threshold for purposes of determining the additional MIPS adjustment factors under subparagraph (C)(i). For each such year, the Secretary shall apply either of the following methods for computing such additional performance threshold for such a year: (I) The threshold shall be the score that is equal to the 25th percentile of the range of possible composite performance scores above the performance threshold with respect to the prior period described in clause (i). (II) The threshold shall be the score that is equal to the 25th percentile of the actual composite performance scores for MIPS eligible professionals with composite performance scores at or above the performance threshold with respect to the prior period described in clause (i). (iii) Special rule for initial 2 years With respect to each of the first two years to which the MIPS applies, the Secretary shall, prior to the performance period for such years, establish a performance threshold for purposes of determining MIPS adjustment factors under subparagraph (A) and a threshold for purposes of determining additional MIPS adjustment factors under subparagraph (C)(i). Each such performance threshold shall— (I) be based on a period prior to such performance periods; and (II) take into account— (aa) data available with respect to performance on measures and activities that may be used under the performance categories under subparagraph (2)(B); and (bb) other factors determined appropriate by the Secretary. (E) Application of MIPS adjustment factors In the case of items and services furnished by a MIPS eligible professional during a year (beginning with 2018), the amount otherwise paid under this part with respect to such items and services and MIPS eligible professional for such year, shall be multiplied by— (i) 1, plus (ii) the sum of— (I) the MIPS adjustment factor determined under subparagraph (A) divided by 100, and (II) as applicable, the additional MIPS adjustment factor determined under subparagraph (C)(i) divided by 100. (F) Aggregate application of MIPS adjustment factors (i) Application of scaling factor (I) In general With respect to positive MIPS adjustment factors under subparagraph (A)(ii)(I) for eligible professionals whose composite performance score is above the performance threshold under subparagraph (D)(i) for such year, subject to subclause (II), the Secretary shall increase or decrease such adjustment factors by a scaling factor in order to ensure that the budget neutrality requirement of clause (ii) is met. (II) Scaling factor limit In no case may be the scaling factor applied under this clause exceed 3.0. (ii) Budget neutrality requirement (I) In general Subject to clause (iii), the Secretary shall ensure that the estimated amount described in subclause (II) for a year is equal to the estimated amount described in subclause (III) for such year. (II) Aggregate increases The amount described in this subclause is the estimated increase in the aggregate allowed charges resulting from the application of positive MIPS adjustment factors under subparagraph (A) (after application of the scaling factor described in clause (i)) to MIPS eligible professionals whose composite performance score for a year is above the performance threshold under subparagraph (D)(i) for such year. (III) Aggregate decreases The amount described in this subclause is the estimated decrease in the aggregate allowed charges resulting from the application of negative MIPS adjustment factors under subparagraph (A) to MIPS eligible professionals whose composite performance score for a year is below the performance threshold under subparagraph (D)(i) for such year. (iii) Exceptions (I) In the case that all MIPS eligible professionals receive composite performance scores for a year that are below the performance threshold under subparagraph (D)(i) for such year, the negative MIPS adjustment factors under subparagraph (A) shall apply with respect to such MIPS eligible professionals and the budget neutrality requirement of clause (ii) shall not apply for such year. (II) In the case that, with respect to a year, the application of clause (i) results in a scaling factor equal to the maximum scaling factor specified in clause (i)(II), such scaling factor shall apply and the budget neutrality requirement of clause (ii) shall not apply for such year. (iv) Additional incentive payment adjustments In specifying the MIPS additional adjustment factors under subparagraph (C)(i) for each applicable MIPS eligible professional for a year, the Secretary shall ensure that the estimated increase in payments under this part resulting from the application of such additional adjustment factors for MIPS eligible professionals in a year shall be equal (as estimated by the Secretary) to the additional funding pool amount for such year under subparagraph (C)(ii). (7) Announcement of result of adjustments Under the MIPS, the Secretary shall, not later than 30 days prior to January 1 of the year involved, make available to MIPS eligible professionals the MIPS adjustment factor (and, as applicable, the additional MIPS adjustment factor) under paragraph (6) applicable to the eligible professional for items and services furnished by the professional for such year. The Secretary may include such information in the confidential feedback under paragraph (12). (8) No effect in subsequent years The MIPS adjustment factors and additional MIPS adjustment factors under paragraph (6) shall apply only with respect to the year involved, and the Secretary shall not take into account such adjustment factors in making payments to a MIPS eligible professional under this part in a subsequent year. (9) Public reporting (A) In general The Secretary shall, in an easily understandable format, make available on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services the following: (i) Information regarding the performance of MIPS eligible professionals under the MIPS, which— (I) shall include the composite score for each such MIPS eligible professional and the performance of each such MIPS eligible professional with respect to each performance category; and (II) may include the performance of each such MIPS eligible professional with respect to each measure or activity specified in paragraph (2)(B). (ii) The names of eligible professionals in eligible alternative payment models (as defined in section 1833(z)(3)(D)) and, to the extent feasible, the names of such eligible alternative payment models and performance of such models. (B) Disclosure The information made available under this paragraph shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (C) Opportunity to review and submit corrections The Secretary shall provide for an opportunity for a professional described in subparagraph (A) to review, and submit corrections for, the information to be made public with respect to the professional under such subparagraph prior to such information being made public. (D) Aggregate information The Secretary shall periodically post on the Physician Compare Internet website aggregate information on the MIPS, including the range of composite scores for all MIPS eligible professionals and the range of the performance of all MIPS eligible professionals with respect to each performance category. (10) Consultation The Secretary shall consult with stakeholders in carrying out the MIPS, including for the identification of measures and activities under paragraph (2)(B) and the methodologies developed under paragraphs (5)(A) and (6) and regarding the use of qualified clinical data registries. Such consultation shall include the use of a request for information or other mechanisms determined appropriate. (11) Technical assistance to small practices and practices in health professional shortage areas (A) In general The Secretary shall enter into contracts or agreements with appropriate entities (such as quality improvement organizations, regional extension centers (as described in section 3012(c) of the Public Health Service Act), or regional health collaboratives) to offer guidance and assistance to MIPS eligible professionals in practices of 15 or fewer professionals (with priority given to such practices located in rural areas, health professional shortage areas (as designated under in section 332(a)(1)(A) of such Act), and medically underserved areas, and practices with low composite scores) with respect to— (i) the performance categories described in clauses (i) through (iv) of paragraph (2)(A); or (ii) how to transition to the implementation of and participation in an alternative payment model as described in section 1833(z)(3)(C). (B) Funding for implementation (i) In general For purposes of implementing subparagraph (A), the Secretary shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 to the Centers for Medicare & Medicaid Services Program Management Account of $40,000,000 for each of fiscal years 2015 through 2019. Amounts transferred under this subparagraph for a fiscal year shall be available until expended. (ii) Technical assistance Of the amounts transferred pursuant to clause (i) for each of fiscal years 2015 through 2019, not less than $10,000,000 shall be made available for each such year for technical assistance to small practices in health professional shortage areas (as so designated) and medically underserved areas. (12) Feedback and information to improve performance (A) Performance feedback (i) In general Beginning July 1, 2016, the Secretary— (I) shall make available timely (such as quarterly) confidential feedback to MIPS eligible professionals on the performance of such professionals with respect to the performance categories under clauses (i) and (ii) of paragraph (2)(A); and (II) may make available confidential feedback to each such professional on the performance of such professional with respect to the performance categories under clauses (iii) and (iv) of such paragraph. (ii) Mechanisms The Secretary may use one or more mechanisms to make feedback available under clause (i), which may include use of a web-based portal or other mechanisms determined appropriate by the Secretary. With respect to the performance category described in paragraph (2)(A)(i), feedback under this subparagraph shall, to the extent an eligible professional chooses to participate in a data registry for purposes of this subsection (including registries under subsections (k) and (m)), be provided based on performance on quality measures reported through the use of such registries. With respect to any other performance category described in paragraph (2)(A), the Secretary shall encourage provision of feedback through qualified clinical data registries as described in subsection (m)(3)(E). (iii) Use of data For purposes of clause (i), the Secretary may use data, with respect to a MIPS eligible professional, from periods prior to the current performance period and may use rolling periods in order to make illustrative calculations about the performance of such professional. (iv) Disclosure exemption Feedback made available under this subparagraph shall be exempt from disclosure under section 552 of title 5, United States Code. (v) Receipt of information The Secretary may use the mechanisms established under clause (ii) to receive information from professionals, such as information with respect to this subsection. (B) Additional information (i) In general Beginning July 1, 2017, the Secretary shall make available to each MIPS eligible professional information, with respect to individuals who are patients of such MIPS eligible professional, about items and services for which payment is made under this title that are furnished to such individuals by other suppliers and providers of services, which may include information described in clause (ii). Such information may be made available under the previous sentence to such MIPS eligible professionals by mechanisms determined appropriate by the Secretary, which may include use of a web-based portal. Such information may be made available in accordance with the same or similar terms as data are made available to accountable care organizations participating in the shared savings program under section 1899, including a beneficiary opt-out. (ii) Type of information For purposes of clause (i), the information described in this clause, is the following: (I) With respect to selected items and services (as determined appropriate by the Secretary) for which payment is made under this title and that are furnished to individuals, who are patients of a MIPS eligible professional, by another supplier or provider of services during the most recent period for which data are available (such as the most recent three-month period), such as the name of such providers furnishing such items and services to such patients during such period, the types of such items and services so furnished, and the dates such items and services were so furnished. (II) Historical data, such as averages and other measures of the distribution if appropriate, of the total, and components of, allowed charges (and other figures as determined appropriate by the Secretary). (13) Review (A) Targeted review The Secretary shall establish a process under which a MIPS eligible professional may seek an informal review of the calculation of the MIPS adjustment factor applicable to such eligible professional under this subsection for a year. The results of a review conducted pursuant to the previous sentence shall not be taken into account for purposes of paragraph (6) with respect to a year (other than with respect to the calculation of such eligible professional’s MIPS adjustment factor for such year or additional MIPS adjustment factor for such year) after the factors determined in subparagraph (A) and subparagraph (C) of such paragraph have been determined for such year. (B) Limitation Except as provided for in subparagraph (A), there shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the following: (i) The methodology used to determine the amount of the MIPS adjustment factor under paragraph (6)(A) and the amount of the additional MIPS adjustment factor under paragraph (6)(C)(i) and the determination of such amounts. (ii) The establishment of the performance standards under paragraph (3) and the performance period under paragraph (4). (iii) The identification of measures and activities specified under paragraph (2)(B) and information made public or posted on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services under paragraph (9). (iv) The methodology developed under paragraph (5) that is used to calculate performance scores and the calculation of such scores, including the weighting of measures and activities under such methodology. . (2) GAO reports (A) Evaluation of eligible professional MIPS Not later than October 1, 2019, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report evaluating the eligible professional Merit-based Incentive Payment System under subsection (q) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ), as added by paragraph (1). Such report shall— (i) examine the distribution of the composite performance scores and MIPS adjustment factors (and additional MIPS adjustment factors) for MIPS eligible professionals (as defined in subsection (q)(1)(c) of such section) under such program, and patterns relating to such scores and adjustment factors, including based on type of provider, practice size, geographic location, and patient mix; (ii) provide recommendations for improving such program; (iii) evaluate the impact of technical assistance funding under section 1848(q)(11) of the Social Security Act, as added by paragraph (1), on the ability of professionals to improve within such program or successfully transition to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)), with priority for such evaluation given to practices located in rural areas, health professional shortage areas (as designated in section 332(a)(1)(a) of the Public Health Service Act), and medically underserved areas; and (iv) provide recommendations for optimizing the use of such technical assistance funds. (B) Study to examine alignment of quality measures used in public and private programs (i) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (I) compares the similarities and differences in the use of quality measures under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act, the Medicare Advantage program under part C of such title, selected State Medicaid programs under title XIX of such Act, and private payer arrangements; and (II) makes recommendations on how to reduce the administrative burden involved in applying such quality measures. (ii) Requirements The report under clause (i) shall— (I) consider those measures applicable to individuals entitled to, or enrolled for, benefits under such part A, or enrolled under such part B and individuals under the age of 65; and (II) focus on those measures that comprise the most significant component of the quality performance category of the eligible professional MIPS incentive program under subsection (q) of section 1848 of the Social Security Act (42 U.S.C. 1395w–4), as added by paragraph (1). (C) Study on role of independent risk managers Not later than January 1, 2016, the Comptroller General of the United States shall submit to Congress a report examining whether entities that pool financial risk for physician practices, such as independent risk managers, can play a role in supporting physician practices, particularly small physician practices, in assuming financial risk for the treatment of patients. Such report shall examine barriers that small physician practices currently face in assuming financial risk for treating patients, the types of risk management entities that could assist physician practices in participating in two-sided risk payment models, and how such entities could assist with risk management and with quality improvement activities. Such report shall also include an analysis of any existing legal barriers to such arrangements. (D) Study to examine rural and health professional shortage area alternative payment models Not later than October 1, 2020, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report that examines the transition of professionals in rural areas, health professional shortage areas (as designated in section 332(a)(1)(A) of the Public Health Service Act), or medically underserved areas to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)). Such report shall make recommendations for removing administrative barriers to practices, including small practices consisting of 15 or fewer professionals, in rural areas, health professional shortage areas, and medically underserved areas to participation in such models. (3) Funding for implementation For purposes of implementing the provisions of and the amendments made by this section, the Secretary of Health and Human Services shall provide for the transfer of $80,000,000 from the Supplementary Medical Insurance Trust Fund established under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Program Management Account for each of the fiscal years 2014 through 2018. Amounts transferred under this paragraph shall be available until expended. (d) Improving quality reporting for composite scores (1) Changes for group reporting option (A) In general Section 1848(m)(3)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(C)(ii) ) is amended by inserting and, for 2015 and subsequent years, may provide after shall provide . (B) Clarification of qualified clinical data registry reporting to group practices Section 1848(m)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(D) ) is amended by inserting and, for 2015 and subsequent years, subparagraph (A) or (C) after subparagraph (A) . (2) Changes for multiple reporting periods and alternative criteria for satisfactory reporting Section 1848(m)(5)(F) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(5)(F) ) is amended— (A) by striking and subsequent years and inserting through reporting periods occurring in 2014 ; and (B) by inserting and, for reporting periods occurring in 2015 and subsequent years, the Secretary may establish following shall establish . (3) Physician feedback program reports succeeded by reports under MIPS Section 1848(n) of the Social Security Act ( 42 U.S.C. 1395w–4(n) ) is amended by adding at the end the following new paragraph: (11) Reports ending with 2016 Reports under the Program shall not be provided after December 31, 2016. See subsection (q)(12) for reports under the eligible professionals Merit-based Incentive Payment System. . (4) Coordination with satisfying meaningful EHR use clinical quality measure reporting requirement Section 1848(o)(2)(A)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(iii) ) is amended by inserting and subsection (q)(5)(B)(ii)(II) after Subject to subparagraph (B)(ii) . (e) Promoting alternative payment models (1) Increasing transparency of physician focused payment models Section 1868 of the Social Security Act ( 42 U.S.C. 1395ee ) is amended by adding at the end the following new subsection: (c) Physician focused payment models (1) Technical advisory committee (A) Establishment There is established an ad hoc committee to be known as the Payment Model Technical Advisory Committee (referred to in this subsection as the Committee ). (B) Membership (i) Number and appointment The Committee shall be composed of 11 members appointed by the Comptroller General of the United States. (ii) Qualifications The membership of the Committee shall include individuals with national recognition for their expertise in payment models and related delivery of care. No more than 5 members of the Committee shall be providers of services or suppliers, or representatives of providers of services or suppliers. (iii) Prohibition on federal employment A member of the Committee shall not be an employee of the Federal Government. (iv) Ethics disclosure The Comptroller General shall establish a system for public disclosure by members of the Committee of financial and other potential conflicts of interest relating to such members. Members of the Committee shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978 ( Public Law 95–521 ). (v) Date of initial appointments The initial appointments of members of the Committee shall be made by not later than 180 days after the date of enactment of this subsection. (C) Term; vacancies (i) Term The terms of members of the Committee shall be for 3 years except that the Comptroller General shall designate staggered terms for the members first appointed. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Committee shall be filled in the manner in which the original appointment was made. (D) Duties The Committee shall meet, as needed, to provide comments and recommendations to the Secretary, as described in paragraph (2)(C), on physician-focused payment models. (E) Compensation of members (i) In general Except as provided in clause (ii), a member of the Committee shall serve without compensation. (ii) Travel expenses A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Committee. (F) Operational and technical support (i) In general The Assistant Secretary for Planning and Evaluation shall provide technical and operational support for the Committee, which may be by use of a contractor. The Office of the Actuary of the Centers for Medicare & Medicaid Services shall provide to the Committee actuarial assistance as needed. (ii) Funding The Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, such amounts as are necessary to carry out clause (i) (not to exceed $5,000,000) for fiscal year 2014 and each subsequent fiscal year. Any amounts transferred under the preceding sentence for a fiscal year shall remain available until expended. (G) Application Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (2) Criteria and process for submission and review of physician-focused payment models (A) Criteria for assessing physician-focused payment models (i) Rulemaking Not later than November 1, 2015, the Secretary shall, through notice and comment rulemaking, following a request for information, establish criteria for physician-focused payment models, including models for specialist physicians, that could be used by the Committee for making comments and recommendations pursuant to paragraph (1)(D). (ii) MedPAC submission of comments During the comment period for the proposed rule described in clause (i), the Medicare Payment Advisory Commission may submit comments to the Secretary on the proposed criteria under such clause. (iii) Updating The Secretary may update the criteria established under this subparagraph through rulemaking. (B) Stakeholder submission of physician focused payment models On an ongoing basis, individuals and stakeholder entities may submit to the Committee proposals for physician-focused payment models that such individuals and entities believe meet the criteria described in subparagraph (A). (C) TAC review of models submitted The Committee shall, on a periodic basis, review models submitted under subparagraph (B), prepare comments and recommendations regarding whether such models meet the criteria described in subparagraph (A), and submit such comments and recommendations to the Secretary. (D) Secretary review and response The Secretary shall review the comments and recommendations submitted by the Committee under subparagraph (C) and post a detailed response to such comments and recommendations on the Internet website of the Centers for Medicare & Medicaid Services. (3) Rule of construction Nothing in this subsection shall be construed to impact the development or testing of models under this title or titles XI, XIX, or XXI. . (2) Incentive payments for participation in eligible alternative payment models Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended by adding at the end the following new subsection: (z) Incentive payments for participation in eligible alternative payment models (1) Payment incentive (A) In general In the case of covered professional services furnished by an eligible professional during a year that is in the period beginning with 2018 and ending with 2023 and for which the professional is a qualifying APM participant, in addition to the amount of payment that would otherwise be made for such covered professional services under this part for such year, there also shall be paid to such professional an amount equal to 5 percent of the payment amount for the covered professional services under this part for the preceding year. For purposes of the previous sentence, the payment amount for the preceding year may be an estimation for the full preceding year based on a period of such preceding year that is less than the full year. The Secretary shall establish policies to implement this subparagraph in cases where payment for covered professional services furnished by a qualifying APM participant in an alternative payment model is made to an entity participating in the alternative payment model rather than directly to the qualifying APM participant. (B) Form of payment Payments under this subsection shall be made in a lump sum, on an annual basis, as soon as practicable. (C) Treatment of payment incentive Payments under this subsection shall not be taken into account for purposes of determining actual expenditures under an alternative payment model and for purposes of determining or rebasing any benchmarks used under the alternative payment model. (D) Coordination The amount of the additional payment for an item or service under this subsection or subsection (m) shall be determined without regard to any additional payment for the item or service under subsection (m) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (x) shall be determined without regard to any additional payment for the item or service under subsection (x) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (y) shall be determined without regard to any additional payment for the item or service under subsection (y) and this subsection, respectively. (2) Qualifying APM participant For purposes of this subsection, the term qualifying APM participant means the following: (A) 2018 and 2019 With respect to 2018 and 2019, an eligible professional for whom the Secretary determines that at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (B) 2020 and 2021 With respect to 2020 and 2021, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 50 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 50 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 of title 10, United States Code, or title 38, United States Code, or any other provision of law, and other than payments made under title XIX in a State in which no medical home or alternative payment model is available under the State program under that title), meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (C) Beginning in 2022 With respect to 2022 and each subsequent year, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 75 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 75 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 of title 10, United States Code, or title 38, United States Code, or any other provision of law, and other than payments made under title XIX in a State in which no medical home or alternative payment model is available under the State program under that title), meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (3) Additional definitions In this subsection: (A) Covered professional services The term covered professional services has the meaning given that term in section 1848(k)(3)(A). (B) Eligible professional The term eligible professional has the meaning given that term in section 1848(k)(3)(B). (C) Alternative payment model (APM) The term alternative payment model means any of the following: (i) A model under section 1115A (other than a health care innovation award). (ii) The shared savings program under section 1899. (iii) A demonstration under section 1866C. (iv) A demonstration required by Federal law. (D) Eligible alternative payment model (APM) (i) In general The term eligible alternative payment model means, with respect to a year, an alternative payment model— (I) that requires use of certified EHR technology (as defined in subsection (o)(4)); (II) that provides for payment for covered professional services based on quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i); and (III) that satisfies the requirement described in clause (ii). (ii) Additional requirement For purposes of clause (i)(III), the requirement described in this clause, with respect to a year and an alternative payment model, is that the alternative payment model— (I) is one in which one or more entities bear financial risk for monetary losses under such model that are in excess of a nominal amount; or (II) is a medical home expanded under section 1115A(c). (4) Limitation There shall be no administrative or judicial review under section 1869, 1878, or otherwise, of the following: (A) The determination that an eligible professional is a qualifying APM participant under paragraph (2) and the determination that an alternative payment model is an eligible alternative payment model under paragraph (3)(D). (B) The determination of the amount of the 5 percent payment incentive under paragraph (1)(A), including any estimation as part of such determination. . (3) Coordination conforming amendments Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is further amended— (A) in subsection (x)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. ; and (B) in subsection (y)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. . (4) Encouraging development and testing of certain models Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) ) is amended— (A) in subparagraph (B), by adding at the end the following new clauses: (xxi) Focusing primarily on physicians’ services (as defined in section 1848(j)(3)) furnished by physicians who are not primary care practitioners. (xxii) Focusing on practices of 15 or fewer professionals. (xxiii) Focusing on risk-based models for small physician practices which may involve two-sided risk and prospective patient assignment, and which examine risk-adjusted decreases in mortality rates, hospital readmissions rates, and other relevant and appropriate clinical measures. (xxiv) Focusing primarily on title XIX, working in conjunction with the Center for Medicaid and CHIP Services. ; and (B) in subparagraph (C)(viii), by striking other public sector or private sector payers and inserting other public sector payers, private sector payers, or Statewide payment models . (5) Construction regarding telehealth services Nothing in the provisions of, or amendments made by, this Act shall be construed as precluding an alternative payment model or a qualifying APM participant (as those terms are defined in section 1833(z) of the Social Security Act, as added by paragraph (1)) from furnishing a telehealth service for which payment is not made under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)). (6) Integrating Medicare Advantage alternative payment models Not later than July 1, 2015, the Secretary of Health and Human Services shall submit to Congress a study that examines the feasibility of integrating alternative payment models in the Medicare Advantage payment system. The study shall include the feasibility of including a value-based modifier and whether such modifier should be budget neutral. (7) Study and report on fraud related to alternative payment models under the Medicare program (A) Study The Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall conduct a study that— (i) examines the applicability of the Federal fraud prevention laws to items and services furnished under title XVIII of the Social Security Act for which payment is made under an alternative payment model (as defined in section 1833(z)(3)(C) of such Act ( 42 U.S.C. 1395l(z)(3)(C) )); (ii) identifies aspects of such alternative payment models that are vulnerable to fraudulent activity; and (iii) examines the implications of waivers to such laws granted in support of such alternative payment models, including under any potential expansion of such models. (B) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the results of the study conducted under subparagraph (A). Such report shall include recommendations for actions to be taken to reduce the vulnerability of such alternative payment models to fraudulent activity. Such report also shall include, as appropriate, recommendations of the Inspector General for changes in Federal fraud prevention laws to reduce such vulnerability. (f) Improving payment accuracy (1) Studies and reports of effect of certain information on quality and resource use (A) Study using existing Medicare data (i) Study The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall conduct a study that examines the effect of individuals’ socioeconomic status on quality and resource use outcome measures for individuals under the Medicare program (such as to recognize that less healthy individuals may require more intensive interventions). The study shall use information collected on such individuals in carrying out such program, such as urban and rural location, eligibility for Medicaid (recognizing and accounting for varying Medicaid eligibility across States), and eligibility for benefits under the supplemental security income (SSI) program. The Secretary shall carry out this paragraph acting through the Assistant Secretary for Planning and Evaluation. (ii) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (B) Study using other data (i) Study The Secretary shall conduct a study that examines the impact of risk factors, such as those described in section 1848(p)(3) of the Social Security Act (42 U.S.C. 1395w–4(p)(3)), race, health literacy, limited English proficiency (LEP), and patient activation, on quality and resource use outcome measures under the Medicare program (such as to recognize that less healthy individuals may require more intensive interventions). In conducting such study the Secretary may use existing Federal data and collect such additional data as may be necessary to complete the study. (ii) Report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (C) Examination of data in conducting studies In conducting the studies under subparagraphs (A) and (B), the Secretary shall examine what non-Medicare data sets, such as data from the American Community Survey (ACS), can be useful in conducting the types of studies under such paragraphs and how such data sets that are identified as useful can be coordinated with Medicare administrative data in order to improve the overall data set available to do such studies and for the administration of the Medicare program. (D) Recommendations to account for information in payment adjustment mechanisms If the studies conducted under subparagraphs (A) and (B) find a relationship between the factors examined in the studies and quality and resource use outcome measures, then the Secretary shall also provide recommendations for how the Centers for Medicare & Medicaid Services should— (i) obtain access to the necessary data (if such data is not already being collected) on such factors, including recommendations on how to address barriers to the Centers in accessing such data; and (ii) account for such factors in determining payment adjustments based on quality and resource use outcome measures under the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act (42 U.S.C. 1395w–4(q)) and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (E) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph $6,000,000, to remain available until expended. (2) CMS activities (A) Hierarchal Condition Category (HCC) improvement Taking into account the relevant studies conducted and recommendations made in reports under paragraph (1), the Secretary, on an ongoing basis, shall, as the Secretary determines appropriate, estimate how an individual’s health status and other risk factors affect quality and resource use outcome measures and, as feasible, shall incorporate information from quality and resource use outcome measurement (including care episode and patient condition groups) into provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (B) Accounting for other factors in payment adjustment mechanisms (i) In general Taking into account the studies conducted and recommendations made in reports under paragraph (1) and other information as appropriate, the Secretary shall, as the Secretary determines appropriate, account for identified factors with an effect on quality and resource use outcome measures when determining payment adjustment mechanisms under provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (ii) Accessing data The Secretary shall collect or otherwise obtain access to the data necessary to carry out this paragraph through existing and new data sources. (iii) Periodic analyses The Secretary shall carry out periodic analyses, at least every 3 years, based on the factors referred to in clause (i) so as to monitor changes in possible relationships. (C) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph and the application of this paragraph to the Merit-based Incentive Payment System under section 1848(q) of such Act $10,000,000, to remain available until expended. (3) Strategic plan for accessing race and ethnicity data Not later than 18 months after the date of the enactment of this Act, the Secretary shall develop and report to Congress on a strategic plan for collecting or otherwise accessing data on race and ethnicity for purposes of carrying out the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (g) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ), as amended by subsection (c), is further amended by adding at the end the following new subsection: (r) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement (1) In general In order to involve the physician, practitioner, and other stakeholder communities in enhancing the infrastructure for resource use measurement, including for purposes of the value-based performance incentive program under subsection (q) and alternative payment models under section 1833(z), the Secretary shall undertake the steps described in the succeeding provisions of this subsection. (2) Development of care episode and patient condition groups and classification codes (A) In general In order to classify similar patients into care episode groups and patient condition groups, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Public availability of existing efforts to design an episode grouper Not later than 120 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a list of the episode groups developed pursuant to subsection (n)(9)(A) and related descriptive information. (C) Stakeholder input The Secretary shall accept, through the date that is 60 days after the day the Secretary posts the list pursuant to subparagraph (B), suggestions from physician specialty societies, applicable practitioner organizations, and other stakeholders for episode groups in addition to those posted pursuant to such subparagraph, and specific clinical criteria and patient characteristics to classify patients into— (i) care episode groups; and (ii) patient condition groups. (D) Development of proposed classification codes (i) In general Taking into account the information described in subparagraph (B) and the information received under subparagraph (C), the Secretary shall— (I) establish care episode groups and patient condition groups, which account for a target of an estimated 2/3 of expenditures under parts A and B; and (II) assign codes to such groups. (ii) Care episode groups In establishing the care episode groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical problems at the time items and services are furnished during an episode of care, such as the clinical conditions or diagnoses, whether or not inpatient hospitalization is anticipated or occurs, and the principal procedures or services planned or furnished; and (II) other factors determined appropriate by the Secretary. (iii) Patient condition groups In establishing the patient condition groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical history at the time of each medical visit, such as the patient’s combination of chronic conditions, current health status, and recent significant history (such as hospitalization and major surgery during a previous period, such as 3 months); and (II) other factors determined appropriate by the Secretary, such as eligibility status under this title (including eligibility under section 226(a), 226(b), or 226A, and dual eligibility under this title and title XIX). (E) Draft care episode and patient condition groups and classification codes Not later than 180 days after the end of the comment period described in subparagraph (C), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the care episode and patient condition codes established under subparagraph (D) (and the criteria and characteristics assigned to such code). (F) Solicitation of input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (E), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the care episode and patient condition groups (and codes) posted under subparagraph (E). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include use of open door forums, town hall meetings, or other appropriate mechanisms. (G) Operational list of care episode and patient condition groups and codes Not later than 180 days after the end of the comment period described in subparagraph (F), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of care episode and patient condition codes (and the criteria and characteristics assigned to such code). (H) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational lists of care episode and patient condition codes as the Secretary determines may be appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (3) Attribution of patients to physicians or practitioners (A) In general In order to facilitate the attribution of patients and episodes (in whole or in part) to one or more physicians or applicable practitioners furnishing items and services, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Development of patient relationship categories and codes The Secretary shall develop patient relationship categories and codes that define and distinguish the relationship and responsibility of a physician or applicable practitioner with a patient at the time of furnishing an item or service. Such patient relationship categories shall include different relationships of the physician or applicable practitioner to the patient (and the codes may reflect combinations of such categories), such as a physician or applicable practitioner who— (i) considers themself to have the primary responsibility for the general and ongoing care for the patient over extended periods of time; (ii) considers themself to be the lead physician or practitioner and who furnishes items and services and coordinates care furnished by other physicians or practitioners for the patient during an acute episode; (iii) furnishes items and services to the patient on a continuing basis during an acute episode of care, but in a supportive rather than a lead role; (iv) furnishes items and services to the patient on an occasional basis, usually at the request of another physician or practitioner; or (v) furnishes items and services only as ordered by another physician or practitioner. (C) Draft list of patient relationship categories and codes Not later than 270 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the patient relationship categories and codes developed under subparagraph (B). (D) Stakeholder Input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (C), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the patient relationship categories and codes posted under subparagraph (C). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (E) Operational list of patient relationship categories and codes Not later than 180 days after the end of the comment period described in subparagraph (D), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of patient relationship categories and codes. (F) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational list of patient relationship categories and codes as the Secretary determines appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (4) Reporting of information for resource use measurement Claims submitted for items and services furnished by a physician or applicable practitioner on or after January 1, 2017, shall, as determined appropriate by the Secretary, include— (A) applicable codes established under paragraphs (2) and (3); and (B) the national provider identifier of the ordering physician or applicable practitioner (if different from the billing physician or applicable practitioner). (5) Methodology for resource use analysis (A) In general In order to evaluate the resources used to treat patients (with respect to care episode and patient condition groups), the Secretary shall— (i) use the patient relationship codes reported on claims pursuant to paragraph (4) to attribute patients (in whole or in part) to one or more physicians and applicable practitioners; (ii) use the care episode and patient condition codes reported on claims pursuant to paragraph (4) as a basis to compare similar patients and care episodes and patient condition groups; and (iii) conduct an analysis of resource use (with respect to care episodes and patient condition groups of such patients), as the Secretary determines appropriate. (B) Analysis of patients of physicians and practitioners In conducting the analysis described in subparagraph (A)(iii) with respect to patients attributed to physicians and applicable practitioners, the Secretary shall, as feasible— (i) use the claims data experience of such patients by patient condition codes during a common period, such as 12 months; and (ii) use the claims data experience of such patients by care episode codes— (I) in the case of episodes without a hospitalization, during periods of time (such as the number of days) determined appropriate by the Secretary; and (II) in the case of episodes with a hospitalization, during periods of time (such as the number of days) before, during, and after the hospitalization. (C) Measurement of resource use In measuring such resource use, the Secretary— (i) shall use per patient total allowed charges for all services under part A and this part (and, if the Secretary determines appropriate, part D) for the analysis of patient resource use, by care episode codes and by patient condition codes; and (ii) may, as determined appropriate, use other measures of allowed charges (such as subtotals for categories of items and services) and measures of utilization of items and services (such as frequency of specific items and services and the ratio of specific items and services among attributed patients or episodes). (D) Stakeholder Input The Secretary shall seek comments from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the resource use methodology established pursuant to this paragraph. In seeking comments the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (6) Implementation To the extent that the Secretary contracts with an entity to carry out any part of the provisions of this subsection, the Secretary may not contract with an entity or an entity with a subcontract if the entity or subcontracting entity currently makes recommendations to the Secretary on relative values for services under the fee schedule for physicians’ services under this section. (7) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of— (A) care episode and patient condition groups and codes established under paragraph (2); (B) patient relationship categories and codes established under paragraph (3); and (C) measurement of, and analyses of resource use with respect to, care episode and patient condition codes and patient relationship codes pursuant to paragraph (5). (8) Administration Chapter 35 of title 44, United States Code, shall not apply to this section. (9) Definitions In this section: (A) Physician The term physician has the meaning given such term in section 1861(r)(1). (B) Applicable practitioner The term applicable practitioner means— (i) a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)); and (ii) beginning January 1, 2018, such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary. (10) Clarification The provisions of sections 1890(b)(7) and 1890A shall not apply to this subsection. . 3. Priorities and funding for measure development Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ), as amended by subsections (c) and (g) of section 2, is further amended by inserting at the end the following new subsection: (s) Priorities and funding for measure development (1) Plan identifying measure development priorities and timelines (A) Draft measure development plan Not later than January 1, 2015, the Secretary shall develop, and post on the Internet website of the Centers for Medicare & Medicaid Services, a draft plan for the development of quality measures for application under the applicable provisions (as defined in paragraph (5)). Under such plan the Secretary shall— (i) address how measures used by private payers and integrated delivery systems could be incorporated under title XVIII; (ii) describe how coordination, to the extent possible, will occur across organizations developing such measures; and (iii) take into account how clinical best practices and clinical practice guidelines should be used in the development of quality measures. (B) Quality domains For purposes of this subsection, the term quality domains means at least the following domains: (i) Clinical care. (ii) Safety. (iii) Care coordination. (iv) Patient and caregiver experience. (v) Population health and prevention. (C) Consideration In developing the draft plan under this paragraph, the Secretary shall consider— (i) gap analyses conducted by the entity with a contract under section 1890(a) or other contractors or entities; (ii) whether measures are applicable across health care settings; (iii) clinical practice improvement activities submitted under subsection (q)(2)(C)(iv) for identifying possible areas for future measure development and identifying existing gaps with respect to such measures; and (iv) the quality domains applied under this subsection. (D) Priorities In developing the draft plan under this paragraph, the Secretary shall give priority to the following types of measures: (i) Outcome measures, including patient reported outcome and functional status measures. (ii) Patient experience measures. (iii) Care coordination measures. (iv) Measures of appropriate use of services, including measures of over use. (E) Stakeholder input The Secretary shall accept through March 1, 2015, comments on the draft plan posted under paragraph (1)(A) from the public, including health care providers, payers, consumers, and other stakeholders. (F) Final measure development plan Not later than May 1, 2015, taking into account the comments received under this subparagraph, the Secretary shall finalize the plan and post on the Internet website of the Centers for Medicare & Medicaid Services an operational plan for the development of quality measures for use under the applicable provisions. Such plan shall be updated as appropriate. (2) Contracts and other arrangements for quality measure development (A) In general The Secretary shall enter into contracts or other arrangements with entities for the purpose of developing, improving, updating, or expanding in accordance with the plan under paragraph (1) quality measures for application under the applicable provisions. Such entities shall include organizations with quality measure development expertise. (B) Prioritization (i) In general In entering into contracts or other arrangements under subparagraph (A), the Secretary shall give priority to the development of the types of measures described in paragraph (1)(D). (ii) Consideration In selecting measures for development under this subsection, the Secretary shall consider— (I) whether such measures would be electronically specified; and (II) clinical practice guidelines to the extent that such guidelines exist. (3) Annual report by the Secretary (A) In general Not later than May 1, 2016, and annually thereafter, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a report on the progress made in developing quality measures for application under the applicable provisions. (B) Requirements Each report submitted pursuant to subparagraph (A) shall include the following: (i) A description of the Secretary’s efforts to implement this paragraph. (ii) With respect to the measures developed during the previous year— (I) a description of the total number of quality measures developed and the types of such measures, such as an outcome or patient experience measure; (II) the name of each measure developed; (III) the name of the developer and steward of each measure; (IV) with respect to each type of measure, an estimate of the total amount expended under this title to develop all measures of such type; and (V) whether the measure would be electronically specified. (iii) With respect to measures in development at the time of the report— (I) the information described in clause (ii), if available; and (II) a timeline for completion of the development of such measures. (iv) A description of any updates to the plan under paragraph (1) (including newly identified gaps and the status of previously identified gaps) and the inventory of measures applicable under the applicable provisions. (v) Other information the Secretary determines to be appropriate. (4) Stakeholder input With respect to paragraph (1), the Secretary shall seek stakeholder input with respect to— (A) the identification of gaps where no quality measures exist, particularly with respect to the types of measures described in paragraph (1)(D); (B) prioritizing quality measure development to address such gaps; and (C) other areas related to quality measure development determined appropriate by the Secretary. (5) Definition of applicable provisions In this subsection, the term applicable provisions means the following provisions: (A) Subsection (q)(2)(B)(i). (B) Section 1833(z)(2)(C). (6) Funding For purposes of carrying out this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $15,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2014 through 2018. Amounts transferred under this paragraph shall remain available through the end of fiscal year 2021. . 4. Encouraging care management for individuals with chronic care needs (a) In general Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) ) is amended by adding at the end the following new paragraph: (8) Encouraging care management for individuals with chronic care needs (A) In general In order to encourage the management of care by an applicable provider (as defined in subparagraph (B)) for individuals with chronic care needs the Secretary shall— (i) establish one or more HCPCS codes for chronic care management services for such individuals; and (ii) subject to subparagraph (D), make payment (as the Secretary determines to be appropriate) under this section for such management services furnished on or after January 1, 2015, by an applicable provider. (B) Applicable provider defined For purposes of this paragraph, the term applicable provider means a physician (as defined in section 1861(r)(1)), physician assistant or nurse practitioner (as defined in section 1861(aa)(5)(A)), or clinical nurse specialist (as defined in section 1861(aa)(5)(B)) who furnishes services as part of a patient-centered medical home or a comparable specialty practice that— (i) is recognized as such a medical home or comparable specialty practice by an organization that is recognized by the Secretary for purposes of such recognition as such a medical home or practice; or (ii) meets such other comparable qualifications as the Secretary determines to be appropriate. (C) Budget neutrality The budget neutrality provision under subsection (c)(2)(B)(ii)(II) shall apply in establishing the payment under subparagraph (A)(ii). (D) Policies relating to payment In carrying out this paragraph, with respect to chronic care management services, the Secretary shall— (i) make payment to only one applicable provider for such services furnished to an individual during a period; (ii) not make payment under subparagraph (A) if such payment would be duplicative of payment that is otherwise made under this title for such services (such as in the case of hospice care or home health services); and (iii) not require that an annual wellness visit (as defined in section 1861(hhh)) or an initial preventive physical examination (as defined in section 1861(ww)) be furnished as a condition of payment for such management services. . (b) Education and outreach (1) Campaign (A) In general The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall conduct an education and outreach campaign to inform professionals who furnish items and services under part B of title XVIII of the Social Security Act and individuals enrolled under such part of the benefits of chronic care management services described in section 1848(b)(8) of the Social Security Act, as added by subsection (a), and encourage such individuals with chronic care needs to receive such services. (B) Requirements Such campaign shall— (i) be directed by the Office of Rural Health Policy of the Department of Health and Human Services and the Office of Minority Health of the Centers for Medicare & Medicaid Services; and (ii) focus on encouraging participation by underserved rural populations and racial and ethnic minority populations. (2) Report (A) In general Not later than December 31, 2017, the Secretary shall submit to Congress a report on the use of chronic care management services described in such section 1848(b)(8) by individuals living in rural areas and by racial and ethnic minority populations. Such report shall— (i) identify barriers to receiving chronic care management services; and (ii) make recommendations for increasing the appropriate use of chronic care management services. 5. Ensuring accurate valuation of services under the physician fee schedule (a) Authority To collect and use information on physicians’ services in the determination of relative values (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ) is amended by adding at the end the following new subparagraph: (M) Authority to collect and use information on physicians’ services in the determination of relative values (i) Collection of information Notwithstanding any other provision of law, the Secretary may collect or obtain information on the resources directly or indirectly related to furnishing services for which payment is made under the fee schedule established under subsection (b). Such information may be collected or obtained from any eligible professional or any other source. (ii) Use of information Notwithstanding any other provision of law, subject to clause (v), the Secretary may (as the Secretary determines appropriate) use information collected or obtained pursuant to clause (i) in the determination of relative values for services under this section. (iii) Types of information The types of information described in clauses (i) and (ii) may, at the Secretary’s discretion, include any or all of the following: (I) Time involved in furnishing services. (II) Amounts and types of practice expense inputs involved with furnishing services. (III) Prices (net of any discounts) for practice expense inputs, which may include paid invoice prices or other documentation or records. (IV) Overhead and accounting information for practices of physicians and other suppliers. (V) Any other element that would improve the valuation of services under this section. (iv) Information collection mechanisms Information may be collected or obtained pursuant to this subparagraph from any or all of the following: (I) Surveys of physicians, other suppliers, providers of services, manufacturers, and vendors. (II) Surgical logs, billing systems, or other practice or facility records. (III) Electronic health records. (IV) Any other mechanism determined appropriate by the Secretary. (v) Transparency of use of information (I) In general Subject to subclauses (II) and (III), if the Secretary uses information collected or obtained under this subparagraph in the determination of relative values under this subsection, the Secretary shall disclose the information source and discuss the use of such information in such determination of relative values through notice and comment rulemaking. (II) Thresholds for use The Secretary may establish thresholds in order to use such information, including the exclusion of information collected or obtained from eligible professionals who use very high resources (as determined by the Secretary) in furnishing a service. (III) Disclosure of information The Secretary shall make aggregate information available under this subparagraph but shall not disclose information in a form or manner that identifies an eligible professional or a group practice, or information collected or obtained pursuant to a nondisclosure agreement. (vi) Incentive to participate The Secretary may provide for such payments under this part to an eligible professional that submits such solicited information under this subparagraph as the Secretary determines appropriate in order to compensate such eligible professional for such submission. Such payments shall be provided in a form and manner specified by the Secretary. (vii) Administration Chapter 35 of title 44, United States Code, shall not apply to information collected or obtained under this subparagraph. (viii) Definition of eligible professional In this subparagraph, the term eligible professional has the meaning given such term in subsection (k)(3)(B). (ix) Funding For purposes of carrying out this subparagraph, in addition to funds otherwise appropriated, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $2,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each fiscal year beginning with fiscal year 2014. Amounts transferred under the preceding sentence for a fiscal year shall be available until expended. . (2) Limitation on review Section 1848(i)(1) of the Social Security Act ( 42 U.S.C. 1395w–4(i)(1) ) is amended— (A) in subparagraph (D), by striking and at the end; (B) in subparagraph (E), by striking the period at the end and inserting , and ; and (C) by adding at the end the following new subparagraph: (F) the collection and use of information in the determination of relative values under subsection (c)(2)(M). . (b) Authority for alternative approaches To establishing practice expense relative values Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ), as amended by subsection (a), is amended by adding at the end the following new subparagraph: (N) Authority for alternative approaches to establishing practice expense relative values The Secretary may establish or adjust practice expense relative values under this subsection using cost, charge, or other data from suppliers or providers of services, including information collected or obtained under subparagraph (M). . (c) Revised and expanded identification of potentially misvalued codes Section 1848(c)(2)(K)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(K)(ii) ) is amended to read as follows: (ii) Identification of potentially misvalued codes For purposes of identifying potentially misvalued codes pursuant to clause (i)(I), the Secretary shall examine codes (and families of codes as appropriate) based on any or all of the following criteria: (I) Codes that have experienced the fastest growth. (II) Codes that have experienced substantial changes in practice expenses. (III) Codes that describe new technologies or services within an appropriate time period (such as 3 years) after the relative values are initially established for such codes. (IV) Codes which are multiple codes that are frequently billed in conjunction with furnishing a single service. (V) Codes with low relative values, particularly those that are often billed multiple times for a single treatment. (VI) Codes that have not been subject to review since implementation of the fee schedule. (VII) Codes that account for the majority of spending under the physician fee schedule. (VIII) Codes for services that have experienced a substantial change in the hospital length of stay or procedure time. (IX) Codes for which there may be a change in the typical site of service since the code was last valued. (X) Codes for which there is a significant difference in payment for the same service between different sites of service. (XI) Codes for which there may be anomalies in relative values within a family of codes. (XII) Codes for services where there may be efficiencies when a service is furnished at the same time as other services. (XIII) Codes with high intra-service work per unit of time. (XIV) Codes with high practice expense relative value units. (XV) Codes with high cost supplies. (XVI) Codes as determined appropriate by the Secretary. . (d) Target for relative value adjustments for misvalued services (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ), as amended by subsections (a) and (b), is amended by adding at the end the following new subparagraph: (O) Target for relative value adjustments for misvalued services With respect to fee schedules established for each of 2015 through 2018, the following shall apply: (i) Determination of net reduction in expenditures For each year, the Secretary shall determine the estimated net reduction in expenditures under the fee schedule under this section with respect to the year as a result of adjustments to the relative values established under this paragraph for misvalued codes. (ii) Budget neutral redistribution of funds if target met and counting overages towards the target for the succeeding year If the estimated net reduction in expenditures determined under clause (i) for the year is equal to or greater than the target for the year— (I) reduced expenditures attributable to such adjustments shall be redistributed for the year in a budget neutral manner in accordance with subparagraph (B)(ii)(II); and (II) the amount by which such reduced expenditures exceeds the target for the year shall be treated as a reduction in expenditures described in clause (i) for the succeeding year, for purposes of determining whether the target has or has not been met under this subparagraph with respect to that year. (iii) Exemption from budget neutrality if target not met If the estimated net reduction in expenditures determined under clause (i) for the year is less than the target for the year, reduced expenditures in an amount equal to the target recapture amount shall not be taken into account in applying subparagraph (B)(ii)(II) with respect to fee schedules beginning with 2015. (iv) Target recapture amount For purposes of clause (iii), the target recapture amount is, with respect to a year, an amount equal to the difference between— (I) the target for the year; and (II) the estimated net reduction in expenditures determined under clause (i) for the year. (v) Target For purposes of this subparagraph, with respect to a year, the target is calculated as 0.5 percent of the estimated amount of expenditures under the fee schedule under this section for the year. . (2) Conforming amendment Section 1848(c)(2)(B)(v) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(v) ) is amended by adding at the end the following new subclause: (VIII) Reductions for misvalued services if target not met Effective for fee schedules beginning with 2015, reduced expenditures attributable to the application of the target recapture amount described in subparagraph (O)(iii). . (e) Phase-In of significant relative value unit (RVU) reductions (1) In general Section 1848(c) of the Social Security Act ( 42 U.S.C. 1395w–4(c) ) is amended by adding at the end the following new paragraph: (7) Phase-in of significant relative value unit (RVU) reductions Effective for fee schedules established beginning with 2015, if the total relative value units for a service for a year would otherwise be decreased by an estimated amount equal to or greater than 20 percent as compared to the total relative value units for the previous year, the applicable adjustments in work, practice expense, and malpractice relative value units shall be phased-in over a 2-year period. . (2) Conforming amendments Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ) is amended— (A) in subparagraph (B)(ii)(I), by striking subclause (II) and inserting subclause (II) and paragraph (7) ; and (B) in subparagraph (K)(iii)(VI)— (i) by striking provisions of subparagraph (B)(ii)(II) and inserting provisions of subparagraph (B)(ii)(II) and paragraph (7) ; and (ii) by striking under subparagraph (B)(ii)(II) and inserting under subparagraph (B)(ii)(I) . (f) Authority To smooth relative values within groups of services Section 1848(c)(2)(C) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(C) ) is amended— (1) in each of clauses (i) and (iii), by striking the service and inserting the service or group of services each place it appears; and (2) in the first sentence of clause (ii), by inserting or group of services before the period. (g) GAO study and report on Relative Value Scale Update Committee (1) Study The Comptroller General of the United States (in this subsection referred to as the Comptroller General ) shall conduct a study of the processes used by the Relative Value Scale Update Committee (RUC) to provide recommendations to the Secretary of Health and Human Services regarding relative values for specific services under the Medicare physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w–4). (2) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1). (h) Adjustment to Medicare payment localities (1) In general Section 1848(e) of the Social Security Act ( 42 U.S.C. 1395w–4(e) ) is amended by adding at the end the following new paragraph: (6) Use of MSAs as fee schedule areas in California (A) In general Subject to the succeeding provisions of this paragraph and notwithstanding the previous provisions of this subsection, for services furnished on or after January 1, 2017, the fee schedule areas used for payment under this section applicable to California shall be the following: (i) Each Metropolitan Statistical Area (each in this paragraph referred to as an MSA ), as defined by the Director of the Office of Management and Budget as of December 31 of the previous year, shall be a fee schedule area. (ii) All areas not included in an MSA shall be treated as a single rest-of-State fee schedule area. (B) Transition for MSAs previously in rest-of-State payment locality or in locality 3 (i) In general For services furnished in California during a year beginning with 2017 and ending with 2021 in an MSA in a transition area (as defined in subparagraph (D)), subject to subparagraph (C), the geographic index values to be applied under this subsection for such year shall be equal to the sum of the following: (I) Current law component The old weighting factor (described in clause (ii)) for such year multiplied by the geographic index values under this subsection for the fee schedule area that included such MSA that would have applied in such area (as estimated by the Secretary) if this paragraph did not apply. (II) MSA-based component The MSA-based weighting factor (described in clause (iii)) for such year multiplied by the geographic index values computed for the fee schedule area under subparagraph (A) for the year (determined without regard to this subparagraph). (ii) Old weighting factor The old weighting factor described in this clause— (I) for 2017, is 5/6 ; and (II) for each succeeding year, is the old weighting factor described in this clause for the previous year minus 1/6 . (iii) MSA-based weighting factor The MSA-based weighting factor described in this clause for a year is 1 minus the old weighting factor under clause (ii) for that year. (C) Hold harmless For services furnished in a transition area in California during a year beginning with 2017, the geographic index values to be applied under this subsection for such year shall not be less than the corresponding geographic index values that would have applied in such transition area (as estimated by the Secretary) if this paragraph did not apply. (D) Transition area defined In this paragraph, the term transition area means each of the following fee schedule areas for 2013: (i) The rest-of-State payment locality. (ii) Payment locality 3. (E) References to fee schedule areas Effective for services furnished on or after January 1, 2017, for California, any reference in this section to a fee schedule area shall be deemed a reference to a fee schedule area established in accordance with this paragraph. . (2) Conforming amendment to definition of fee schedule area Section 1848(j)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(2) ) is amended by striking The term and inserting Except as provided in subsection (e)(6)(D), the term . (i) Disclosure of data used To establish multiple procedure payment reduction policy The Secretary of Health and Human Services shall make publicly available the information used to establish the multiple procedure payment reduction policy to the professional component of imaging services in the final rule published in the Federal Register, v. 77, n. 222, November 16, 2012, pages 68891–69380 under the physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ). 6. Promoting evidence-based care (a) In general Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (p) Recognizing appropriate use criteria for certain imaging services (1) Program established (A) In general The Secretary shall establish a program to promote the use of appropriate use criteria (as defined in subparagraph (B)) for applicable imaging services (as defined in subparagraph (C)) furnished in an applicable setting (as defined in subparagraph (D)) by ordering professionals and furnishing professionals (as defined in subparagraphs (E) and (F), respectively). (B) Appropriate use criteria defined In this subsection, the term appropriate use criteria means criteria, only developed or endorsed by national professional medical specialty societies or other provider-led entities, to assist ordering professionals and furnishing professionals in making the most appropriate treatment decision for a specific clinical condition. To the extent feasible, such criteria shall be evidence-based. (C) Applicable imaging service defined In this subsection, the term applicable imaging service means an advanced diagnostic imaging service (as defined in subsection (e)(1)(B)) for which the Secretary determines— (i) one or more applicable appropriate use criteria specified under paragraph (2) apply; (ii) there are one or more qualified clinical decision support mechanisms listed under paragraph (3)(C); and (iii) one or more of such mechanisms is available free of charge. (D) Applicable setting defined In this subsection, the term applicable setting means a physician’s office, a hospital outpatient department (including an emergency department), an ambulatory surgical center, and any other provider-led outpatient setting determined appropriate by the Secretary. (E) Ordering professional defined In this subsection, the term ordering professional means a physician (as defined in section 1861(r)) or a practitioner described in section 1842(b)(18)(C) who orders an applicable imaging service for an individual. (F) Furnishing professional defined In this subsection, the term furnishing professional means a physician (as defined in section 1861(r)) or a practitioner described in section 1842(b)(18)(C) who furnishes an applicable imaging service for an individual. (2) Establishment of applicable appropriate use criteria (A) In general Not later than November 15, 2015, the Secretary shall through rulemaking, and in consultation with physicians, practitioners, and other stakeholders, specify applicable appropriate use criteria for applicable imaging services only from among appropriate use criteria developed or endorsed by national professional medical specialty societies or other provider-led entities. (B) Considerations In specifying applicable appropriate use criteria under subparagraph (A), the Secretary shall take into account whether the criteria— (i) have stakeholder consensus; (ii) are scientifically valid and evidence based; and (iii) are based on studies that are published and reviewable by stakeholders. (C) Revisions The Secretary shall review, on an annual basis, the specified applicable appropriate use criteria to determine if there is a need to update or revise (as appropriate) such specification of applicable appropriate use criteria and make such updates or revisions through rulemaking. (D) Treatment of multiple applicable appropriate use criteria In the case where the Secretary determines that more than one appropriate use criteria applies with respect to an applicable imaging service, the Secretary shall permit one or more applicable appropriate use criteria under this paragraph for the service. (3) Mechanisms for consultation with applicable appropriate use criteria (A) Identification of mechanisms to consult with applicable appropriate use criteria (i) In general The Secretary shall specify qualified clinical decision support mechanisms that could be used by ordering professionals to consult with applicable appropriate use criteria for applicable imaging services. (ii) Consultation The Secretary shall consult with physicians, practitioners, health care technology experts, and other stakeholders in specifying mechanisms under this paragraph. (iii) Inclusion of certain mechanisms Mechanisms specified under this paragraph may include any or all of the following that meet the requirements described in subparagraph (B)(ii): (I) Use of clinical decision support modules in certified EHR technology (as defined in section 1848(o)(4)). (II) Use of private sector clinical decision support mechanisms that are independent from certified EHR technology, which may include use of clinical decision support mechanisms available from medical specialty organizations. (III) Use of a clinical decision support mechanism established by the Secretary. (B) Qualified clinical decision support mechanisms (i) In general For purposes of this subsection, a qualified clinical decision support mechanism is a mechanism that the Secretary determines meets the requirements described in clause (ii). (ii) Requirements The requirements described in this clause are the following: (I) The mechanism makes available to the ordering professional applicable appropriate use criteria specified under paragraph (2) and the supporting documentation for the applicable imaging service ordered. (II) In the case where there are more than one applicable appropriate use criteria specified under such paragraph for an applicable imaging service, the mechanism indicates the criteria that it uses for the service. (III) The mechanism determines the extent to which an applicable imaging service ordered is consistent with the applicable appropriate use criteria so specified. (IV) The mechanism generates and provides to the ordering professional a certification or documentation that documents that the qualified clinical decision support mechanism was consulted by the ordering professional. (V) The mechanism is updated on a timely basis to reflect revisions to the specification of applicable appropriate use criteria under such paragraph. (VI) The mechanism meets privacy and security standards under applicable provisions of law. (VII) The mechanism performs such other functions as specified by the Secretary, which may include a requirement to provide aggregate feedback to the ordering professional. (C) List of mechanisms for consultation with applicable appropriate use criteria (i) Initial list Not later than April 1, 2016, the Secretary shall publish a list of mechanisms specified under this paragraph. (ii) Periodic updating of list The Secretary shall identify on an annual basis the list of qualified clinical decision support mechanisms specified under this paragraph. (4) Consultation with applicable appropriate use criteria (A) Consultation by ordering professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service ordered by an ordering professional that would be furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), an ordering professional shall— (i) consult with a qualified decision support mechanism listed under paragraph (3)(C); and (ii) provide to the furnishing professional the information described in clauses (i) through (iii) of subparagraph (B). (B) Reporting by furnishing professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), payment for such service may only be made if the claim for the service includes the following: (i) Information about which qualified clinical decision support mechanism was consulted by the ordering professional for the service. (ii) Information regarding— (I) whether the service ordered would adhere to the applicable appropriate use criteria specified under paragraph (2); (II) whether the service ordered would not adhere to such criteria; or (III) whether such criteria was not applicable to the service ordered. (iii) The national provider identifier of the ordering professional (if different from the furnishing professional). (C) Exceptions The provisions of subparagraphs (A) and (B) and paragraph (6)(A) shall not apply to the following: (i) Emergency services An applicable imaging service ordered for an individual with an emergency medical condition (as defined in section 1867(e)(1)). (ii) Inpatient services An applicable imaging service ordered for an inpatient and for which payment is made under part A. (iii) Alternative payment models An applicable imaging service ordered by an ordering professional with respect to an individual attributed to an alternative payment model (as defined in section 1833(z)(3)(C)). (iv) Significant hardship An applicable imaging service ordered by an ordering professional who the Secretary may, on a case-by-case basis, exempt from the application of such provisions if the Secretary determines, subject to annual renewal, that consultation with applicable appropriate use criteria would result in a significant hardship, such as in the case of a professional who practices in a rural area without sufficient Internet access. (D) Applicable payment system defined In this subsection, the term applicable payment system means the following: (i) The physician fee schedule established under section 1848(b). (ii) The prospective payment system for hospital outpatient department services under section 1833(t). (iii) The ambulatory surgical center payment systems under section 1833(i). (5) Identification of outlier ordering professionals (A) In general With respect to applicable imaging services furnished beginning with 2017, the Secretary shall determine, on an annual basis, no more than five percent of the total number of ordering professionals who are outlier ordering professionals. (B) Outlier ordering professionals The determination of an outlier ordering professional shall— (i) be based on low adherence to applicable appropriate use criteria specified under paragraph (2), which may be based on comparison to other ordering professionals; and (ii) include data for ordering professionals for whom prior authorization under paragraph (6)(A) applies. (C) Use of two years of data The Secretary shall use two years of data to identify outlier ordering professionals under this paragraph. (D) Process The Secretary shall establish a process for determining when an outlier ordering professional is no longer an outlier ordering professional. (E) Consultation with stakeholders The Secretary shall consult with physicians, practitioners and other stakeholders in developing methods to identify outlier ordering professionals under this paragraph. (6) Prior authorization for ordering professionals who are outliers (A) In general Beginning January 1, 2020, subject to paragraph (4)(C), with respect to services furnished during a year, the Secretary shall, for a period determined appropriate by the Secretary, apply prior authorization for applicable imaging services that are ordered by an outlier ordering professional identified under paragraph (5). (B) Appropriate use criteria in prior authorization In applying prior authorization under subparagraph (A), the Secretary shall utilize only the applicable appropriate use criteria specified under this subsection. (C) Funding For purposes of carrying out this paragraph, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $5,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2019 through 2021. Amounts transferred under the preceding sentence shall remain available until expended. (7) Construction Nothing in this subsection shall be construed as granting the Secretary the authority to develop or initiate the development of clinical practice guidelines or appropriate use criteria. . (b) Conforming amendment Section 1833(t)(16) of the Social Security Act ( 42 U.S.C. 1395l(t)(16) ) is amended by adding at the end the following new subparagraph: (E) Application of appropriate use criteria for certain imaging services For provisions relating to the application of appropriate use criteria for certain imaging services, see section 1834(p). . (c) Report on experience of imaging appropriate use criteria program Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes a description of the extent to which appropriate use criteria could be used for other services under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ), such as radiation therapy and clinical diagnostic laboratory services. 7. Empowering beneficiary choices through access to information on physicians’ services (a) In general The Secretary shall make publicly available on Physician Compare the information described in subsection (b) with respect to eligible professionals. (b) Information described The following information, with respect to an eligible professional, is described in this subsection: (1) Information on the number of services furnished by the eligible professional under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ), which may include information on the most frequent services furnished or groupings of services. (2) Information on submitted charges and payments for services under such part. (3) A unique identifier for the eligible professional that is available to the public, such as a national provider identifier. (c) Searchability The information made available under this section shall be searchable by at least the following: (1) The specialty or type of the eligible professional. (2) Characteristics of the services furnished, such as volume or groupings of services. (3) The location of the eligible professional. (d) Disclosure The information made available under this section shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (e) Implementation (1) Initial implementation Physician Compare shall include the information described in subsection (b)— (A) with respect to physicians, by not later than July 1, 2015; and (B) with respect to other eligible professionals, by not later than July 1, 2016. (2) Annual updating The information made available under this section shall be updated on Physician Compare not less frequently than on an annual basis. (f) Opportunity To review and submit corrections The Secretary shall provide for an opportunity for an eligible professional to review, and submit corrections for, the information to be made public with respect to the eligible professional under this section prior to such information being made public. (g) Definitions In this section: (1) Eligible professional; physician; secretary The terms eligible professional , physician , and Secretary have the meaning given such terms in section 10331(i) of Public Law 111–148 . (2) Physician Compare The term Physician Compare means the Physician Compare Internet website of the Centers for Medicare & Medicaid Services (or a successor website). 8. Expanding availability of Medicare data (a) Expanding uses of Medicare data by qualified entities (1) Additional analyses (A) In general Subject to subparagraph (B), to the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may use the combined data described in paragraph (4)(B)(iii) of such section received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), to conduct additional non-public analyses (as determined appropriate by the Secretary) and provide or sell such analyses to authorized users for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (B) Limitations with respect to analyses (i) Employers Any analyses provided or sold under subparagraph (A) to an employer described in paragraph (9)(A)(iii) may only be used by such employer for purposes of providing health insurance to employees and retirees of the employer. (ii) Health insurance issuers A qualified entity may not provide or sell an analysis to a health insurance issuer described in paragraph (9)(A)(iv) unless the issuer is providing the qualified entity with data under section 1874(e)(4)(B)(iii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(B)(iii)). (2) Access to certain data (A) Access To the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) ) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may— (i) provide or sell the combined data described in paragraph (4)(B)(iii) of such section to authorized users described in clauses (i), (ii), and (v) of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B); or (ii) subject to subparagraph (C), provide Medicare claims data to authorized users described in clauses (i), (ii), and (v), of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B). (B) Purposes described The purposes described in this subparagraph are assisting providers of services and suppliers in developing and participating in quality and patient care improvement activities, including developing new models of care. (C) Medicare claims data must be provided at no cost A qualified entity may not charge a fee for providing the data under subparagraph (A)(ii). (3) Protection of information (A) In general Except as provided in subparagraph (B), an analysis or data that is provided or sold under paragraph (1) or (2) shall not contain information that individually identifies a patient. (B) Information on patients of the provider of services or supplier To the extent consistent with applicable information, privacy, security, and disclosure laws, an analysis or data that is provided or sold to a provider of services or supplier under paragraph (1) or (2) may contain information that individually identifies a patient of such provider or supplier, including with respect to items and services furnished to the patient by other providers of services or suppliers. (C) Prohibition on using analyses or data for marketing purposes An authorized user shall not use an analysis or data provided or sold under paragraph (1) or (2) for marketing purposes. (4) Data use agreement A qualified entity and an authorized user described in clauses (i), (ii), and (v) of paragraph (9)(A) shall enter into an agreement regarding the use of any data that the qualified entity is providing or selling to the authorized user under paragraph (2). Such agreement shall describe the requirements for privacy and security of the data and, as determined appropriate by the Secretary, any prohibitions on using such data to link to other individually identifiable sources of information. If the authorized user is not a covered entity under the rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, the agreement shall identify the relevant regulations, as determined by the Secretary, that the user shall comply with as if it were acting in the capacity of such a covered entity. (5) No redisclosure of analyses or data (A) In general Except as provided in subparagraph (B), an authorized user that is provided or sold an analysis or data under paragraph (1) or (2) shall not redisclose or make public such analysis or data or any analysis using such data. (B) Permitted redisclosure A provider of services or supplier that is provided or sold an analysis or data under paragraph (1) or (2) may, as determined by the Secretary, redisclose such analysis or data for the purposes of performance improvement and care coordination activities but shall not make public such analysis or data or any analysis using such data. (6) Opportunity for providers of services and suppliers to review Prior to a qualified entity providing or selling an analysis to an authorized user under paragraph (1), to the extent that such analysis would individually identify a provider of services or supplier who is not being provided or sold such analysis, such qualified entity shall provide such provider or supplier with the opportunity to appeal and correct errors in the manner described in section 1874(e)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)). (7) Assessment for a breach (A) In general In the case of a breach of a data use agreement under this section or section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) ), the Secretary shall impose an assessment on the qualified entity both in the case of— (i) an agreement between the Secretary and a qualified entity; and (ii) an agreement between a qualified entity and an authorized user. (B) Assessment The assessment under subparagraph (A) shall be an amount up to $100 for each individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title— (i) in the case of an agreement described in subparagraph (A)(i), for whom the Secretary provided data on to the qualified entity under paragraph (2); and (ii) in the case of an agreement described in subparagraph (A)(ii), for whom the qualified entity provided data on to the authorized user under paragraph (2). (C) Deposit of amounts collected Any amounts collected pursuant to this paragraph shall be deposited in Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act ( 42 U.S.C. 1395t ). (8) Annual reports Any qualified entity that provides or sells an analysis or data under paragraph (1) or (2) shall annually submit to the Secretary a report that includes— (A) a summary of the analyses provided or sold, including the number of such analyses, the number of purchasers of such analyses, and the total amount of fees received for such analyses; (B) a description of the topics and purposes of such analyses; (C) information on the entities who received the data under paragraph (2), the uses of the data, and the total amount of fees received for providing, selling, or sharing the data; and (D) other information determined appropriate by the Secretary. (9) Definitions In this subsection and subsection (b): (A) Authorized user The term authorized user means the following: (i) A provider of services. (ii) A supplier. (iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). (iv) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). (v) A medical society or hospital association. (vi) Any entity not described in clauses (i) through (v) that is approved by the Secretary (other than an employer or health insurance issuer not described in clauses (iii) and (iv), respectively, as determined by the Secretary). (B) Provider of services The term provider of services has the meaning given such term in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)). (C) Qualified entity The term qualified entity has the meaning given such term in section 1874(e)(2) of the Social Security Act (42 U.S.C. 1395kk(e)). (D) Secretary The term Secretary means the Secretary of Health and Human Services. (E) Supplier The term supplier has the meaning given such term in section 1861(d) of the Social Security Act (42 U.S.C. 1395x(d)). (b) Access to Medicare data by qualified clinical data registries To facilitate quality improvement (1) Access (A) In general To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning July 1, 2015, the Secretary shall, at the request of a qualified clinical data registry under section 1848(m)(3)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E) ), provide the data described in subparagraph (B) (in a form and manner determined to be appropriate) to such qualified clinical data registry for purposes of linking such data with clinical outcomes data and performing risk-adjusted, scientifically valid analyses and research to support quality improvement or patient safety, provided that any public reporting of such analyses or research that identifies a provider of services or supplier shall only be conducted with the opportunity of such provider or supplier to appeal and correct errors in the manner described in subsection (a)(6). (B) Data described The data described in this subparagraph is— (i) claims data under the Medicare program under title XVIII of the Social Security Act; and (ii) if the Secretary determines appropriate, claims data under the Medicaid program under title XIX of such Act and the State Children's Health Insurance Program under title XXI of such Act. (2) Fee Data described in paragraph (1)(B) shall be provided to a qualified clinical data registry under paragraph (1) at a fee equal to the cost of providing such data. Any fee collected pursuant to the preceding sentence shall be deposited in the Centers for Medicare & Medicaid Services Program Management Account. (c) Expansion of data available to qualified entities Section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) ) is amended— (1) in the subsection heading, by striking Medicare ; and (2) in paragraph (3)— (A) by inserting after the first sentence the following new sentence: Beginning July 1, 2015, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under titles XIX and XXI for assistance provided under such titles for one or more specified geographic areas and time periods requested by a qualified entity. ; and (B) in the last sentence, by inserting or under titles XIX or XXI before the period at the end. (d) Revision of placement of fees Section 1874(e)(4)(A) of the Social Security Act ( 42 U.S.C. 1395kk(e)(4)(A) ) is amended, in the second sentence— (1) by inserting , for periods prior to July 1, 2015, after deposited ; and (2) by inserting the following before the period at the end: , and, beginning July 1, 2015, into the Centers for Medicare & Medicaid Services Program Management Account . 9. Reducing administrative burden and other provisions (a) Medicare physician and practitioner opt-Out to private contract (1) Indefinite, continuing automatic extension of opt out election (A) In general Section 1802(b)(3) of the Social Security Act ( 42 U.S.C. 1395a(b)(3) ) is amended— (i) in subparagraph (B)(ii), by striking during the 2-year period beginning on the date the affidavit is signed and inserting during the applicable 2-year period (as defined in subparagraph (D)) ; (ii) in subparagraph (C), by striking during the 2-year period described in subparagraph (B)(ii) and inserting during the applicable 2-year period ; and (iii) by adding at the end the following new subparagraph: (D) Applicable 2-year periods for effectiveness of affidavits In this subsection, the term applicable 2-year period means, with respect to an affidavit of a physician or practitioner under subparagraph (B), the 2-year period beginning on the date the affidavit is signed and includes each subsequent 2-year period unless the physician or practitioner involved provides notice to the Secretary (in a form and manner specified by the Secretary), not later than 30 days before the end of the previous 2-year period, that the physician or practitioner does not want to extend the application of the affidavit for such subsequent 2-year period. . (B) Effective date The amendments made by subparagraph (A) shall apply to affidavits entered into on or after the date that is 60 days after the date of the enactment of this Act. (2) Public availability of information on opt-out physicians and practitioners Section 1802(b) of the Social Security Act ( 42 U.S.C. 1395a(b) ) is amended— (A) in paragraph (5), by adding at the end the following new subparagraph: (D) Opt-out physician or practitioner The term opt-out physician or practitioner means a physician or practitioner who has in effect an affidavit under paragraph (3)(B). ; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: (5) Posting of information on opt-out physicians and practitioners (A) In general Beginning not later than February 1, 2015, the Secretary shall make publicly available through an appropriate publicly accessible website of the Department of Health and Human Services information on the number and characteristics of opt-out physicians and practitioners and shall update such information on such website not less often than annually. (B) Information to be included The information to be made available under subparagraph (A) shall include at least the following with respect to opt-out physicians and practitioners: (i) Their number. (ii) Their physician or professional specialty or other designation. (iii) Their geographic distribution. (iv) The timing of their becoming opt-out physicians and practitioners, relative to when they first entered practice and with respect to applicable 2-year periods. (v) The proportion of such physicians and practitioners who billed for emergency or urgent care services. . (b) Gainsharing study and report Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall submit to Congress a report with legislative recommendations to amend existing fraud and abuse laws, through exceptions, safe harbors, or other narrowly targeted provisions, to permit gainsharing or similar arrangements between physicians and hospitals that improve care while reducing waste and increasing efficiency. The report shall— (1) consider whether such provisions should apply to ownership interests, compensation arrangements, or other relationships; (2) describe how the recommendations address accountability, transparency, and quality, including how best to limit inducements to stint on care, discharge patients prematurely, or otherwise reduce or limit medically necessary care; and (3) consider whether a portion of any savings generated by such arrangements should accrue to the Medicare program under title XVIII of the Social Security Act. (c) Promoting interoperability of electronic health record systems (1) Recommendations for achieving widespread EHR interoperability (A) Objective As a consequence of a significant Federal investment in the implementation of health information technology through the Medicare and Medicaid EHR incentive programs, Congress declares it a national objective to achieve widespread exchange of health information through interoperable certified EHR technology nationwide by December 31, 2017. (B) Definitions In this paragraph: (i) Widespread interoperability The term widespread interoperability means interoperability between certified EHR technology systems employed by meaningful EHR users under the Medicare and Medicaid EHR incentive programs and other clinicians and health care providers on a nationwide basis. (ii) Interoperability The term interoperability means the ability of two or more health information systems or components to exchange clinical and other information and to use the information that has been exchanged using common standards as to provide access to longitudinal information for health care providers in order to facilitate coordinated care and improved patient outcomes. (C) Establishment of metrics Not later than July 1, 2015, and in consultation with stakeholders, the Secretary shall establish metrics to be used to determine if and to the extent that the objective described in subparagraph (A) has been achieved. (D) Recommendations if objective not achieved If the Secretary of Health and Human Services determines that the objective described in subparagraph (A) has not been achieved by December 31, 2017, then the Secretary shall submit to Congress a report, by not later than December 31, 2018, that identifies barriers to such objective and recommends actions that the Federal Government can take to achieve such objective. Such recommended actions may include recommendations— (i) to adjust payments for not being meaningful EHR users under the Medicare EHR incentive programs; and (ii) for criteria for decertifying certified EHR technology products. (2) Preventing blocking the sharing of information (A) For meaningful EHR professionals Section 1848(o)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(ii) ) is amended by inserting before the period at the end the following: , and the professional demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the professional has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology . (B) For meaningful EHR hospitals Section 1886(n)(3)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395ww(n)(3)(A)(ii) ) is amended by inserting before the period at the end the following: , and the hospital demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the hospital has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology . (C) Effective date The amendments made by this subsection shall apply to meaningful EHR users as of the date that is one year after the date of the enactment of this Act. (3) Study and report on the feasibility of establishing a website to compare certified EHR technology products (A) Study The Secretary shall conduct a study to examine the feasibility of establishing mechanisms that includes aggregated results of surveys of meaningful EHR users on the functionality of certified EHR technology products to enable such users to directly compare the functionality and other features of such products. Such information may be made available through contracts with physician, hospital, or other organizations that maintain such comparative information. (B) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the website. The report shall include information on the benefits of, and resources needed to develop and maintain, such a website. (4) Definitions In this subsection: (A) The term certified EHR technology has the meaning given such term in section 1848(o)(4) of the Social Security Act (42 U.S.C. 1395w–4(o)(4)). (B) The term meaningful EHR user has the meaning given such term under the Medicare EHR incentive programs. (C) The term Medicare and Medicaid EHR incentive programs means— (i) in the case of the Medicare program under title XVIII of the Social Security Act, the incentive programs under section 1814(l)(3), section 1848(o), subsections (l) and (m) of section 1853, and section 1886(n) of the Social Security Act (42 U.S.C. 1395f(l)(3), 1395w–4(o), 1395w–23, 1395ww(n)); and (ii) in the case of the Medicaid program under title XIX of such Act, the incentive program under subsections (a)(3)(F) and (t) of section 1903 of such Act (42 U.S.C. 1396b). (D) The term Secretary means the Secretary of Health and Human Services. (d) GAO studies and reports on the use of telehealth under Federal programs and on remote patient monitoring services (1) Study on telehealth services The Comptroller General of the United States shall conduct a study on the following: (A) How the definition of telehealth across various Federal programs and Federal efforts can inform the use of telehealth in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (B) Issues that can facilitate or inhibit the use of telehealth under the Medicare program under such title, including oversight and professional licensure, changing technology, privacy and security, infrastructure requirements, and varying needs across urban and rural areas. (C) Potential implications of greater use of telehealth with respect to payment and delivery system transformations under the Medicare program under such title XVIII and the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. ). (D) How the Centers for Medicare & Medicaid Services conducts oversight of payments made under the Medicare program under such title XVIII to providers for telehealth services. (2) Study on remote patient monitoring services (A) In general The Comptroller General of the United States shall conduct a study— (i) of the dissemination of remote patient monitoring technology in the private health insurance market; (ii) of the financial incentives in the private health insurance market relating to adoption of such technology; (iii) of the barriers to adoption of such services under the Medicare program under title XVIII of the Social Security Act; (iv) that evaluates the patients, conditions, and clinical circumstances that could most benefit from remote patient monitoring services; and (v) that evaluates the challenges related to establishing appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) in order to accurately reflect the resources involved in furnishing such services. (B) Definitions For purposes of this paragraph: (i) Remote patient monitoring services The term remote patient monitoring services means services furnished through remote patient monitoring technology. (ii) Remote patient monitoring technology The term remote patient monitoring technology means a coordinated system that uses one or more home-based or mobile monitoring devices that automatically transmit vital sign data or information on activities of daily living and may include responses to assessment questions collected on the devices wirelessly or through a telecommunications connection to a server that complies with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, as part of an established plan of care for that patient that includes the review and interpretation of that data by a health care professional. (3) Reports Not later than 24 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress— (A) a report containing the results of the study conducted under paragraph (1); and (B) a report containing the results of the study conducted under paragraph (2). A report required under this paragraph shall be submitted together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. The Comptroller General may submit one report containing the results described in subparagraphs (A) and (B) and the recommendations described in the previous sentence. (e) Rule of construction regarding healthcare provider standards of care (1) Maintenance of state standards The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed— (A) to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim; or (B) to preempt any standard of care or duty of care, owed by a health care provider to a patient, duly established under State or common law. (2) Definitions For purposes of this subsection: (A) Federal health care provision The term Federal health care provision means any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or title XVIII or XIX of the Social Security Act. (B) Health care provider The term health care provider means any individual or entity— (i) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (ii) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (C) Medical malpractice or medical product liability action or claim The term medical malpractice or medical product liability action or claim means a medical malpractice action or claim (as defined in section 431(7) of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11151(7) )) and includes a liability action or claim relating to a health care provider’s prescription or provision of a drug, device, or biological product (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act). (D) State The term State includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States. (3) Preservation of State law No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or title XVIII or XIX of the Social Security Act shall be construed to preempt any State or common law governing medical professional or medical product liability actions or claims. 10. Savings from overseas contingency and related activities (a) In general Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 ) is amended— (1) in subsection (b)(2)(A)(ii), by inserting for fiscal years 2012 through 2015, before the Congress ; and (2) by adding at the end the following: (E) Overseas contingency operations/global war on terrorism If, for fiscal years 2016 through 2021, appropriations for discretionary accounts are enacted that Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by account basis and the President subsequently so designates, the adjustment for the fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for Overseas Contingency Operations/Global War on Terrorism, but not to exceed— (i) For fiscal year 2016, $29,946,000,000 in budget authority. (ii) For fiscal year 2017, $29,946,000,000 in budget authority. (iii) For fiscal year 2018, $29,946,000,000 in budget authority. (iv) For fiscal year 2019, $29,946,000,000 in budget authority. (v) For fiscal year 2020, $29,946,000,000 in budget authority. (vi) For fiscal year 2021, $29,946,000,000 in budget authority. . (b) Breach Section 251(a)(2) of such Act ( 2 U.S.C. 901(a)(2) ) is amended to read as follows: (2) Eliminating a breach (A) In general Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account by the uniform percentage necessary to eliminate a breach within that category. (B) Overseas contingencies Any amount of budget authority for Overseas Contingency Operations/Global War on Terrorism for fiscal years 2016 through 2021 in excess of the levels set in subsection 251(b)(2)(E) shall be counted in determining whether a breach has occurred in the security category and the nonsecurity category on a proportional basis to the total spending for overseas contingency operations in the security category and the nonsecurity category. .
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113-hr-4210
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I 113th CONGRESS 2d Session H. R. 4210 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Schrader introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Patient Protection and Affordable Care Act to authorize the extension of the initial open enrollment period for up to 1 month, and for other purposes.
1. Short title This Act may be cited as the ACA Open Enrollment Extension Act of 2014 . 2. Authorizing 1-month extension of initial open enrollment period (a) In general Section 1311(c)(6) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6) ) is amended by adding after and below subparagraph (D) the following: The initial open enrollment period under subparagraph (A) for an Exchange established by a State shall be extended to end on a date (not later than April 30, 2014) specified by the State, if the State elects such extension (and specifies such ending date) not later than March 31, 2014, and such enrollment period for the Exchange established by the Secretary shall be extended to end on a date (not later than April 30, 2014) specified by the Secretary, if the Secretary elects such extension (and specifies such ending date) not later than March 31, 2014. . (b) Conforming extension for private coverage Section 2702(b) of the Public Health Service Act ( 42 U.S.C. 300gg–1(b) ) is amended by adding at the end the following: (4) Extension of initial open enrollment or special enrollment period A health insurance issuer described in subsection (a) that provides an initial open enrollment period or special enrollment period during March 2014, shall provide for an extension of such period through the end of the initial open enrollment period under section 1311(c)(6) of the Patient Protection and Affordable Care Act applicable to the State in which the coverage is offered. . (c) Nonapplication of penalty Section 5000A(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (5) Application to 2014 For purposes of imposing a penalty under this section for taxable year 2014, the amount of the penalty to be imposed shall not include any month ending on or before the closing date of the initial open enrollment period under section 1311(c)(6) of the Patient Protection and Affordable Care Act for the State in which the individual resides as of April 30, 2014. .
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113-hr-4211
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I 113th CONGRESS 2d Session H. R. 4211 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mrs. Walorski introduced the following bill; which was referred to the Committee on Ways and Means , 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 require the Comptroller General of the United States to conduct studies on enrollment by racial and ethnic minorities and by low-income seniors in the Medicare Advantage program.
1. Short title This Act may be cited as the Advantage of Medicare Advantage for Minorities and Low-Income Seniors Act of 2014 . 2. GAO studies and reports on enrollment by racial and ethnic minorities and by low-income seniors in Medicare Advantage program (a) Studies (1) In general The Comptroller General of the United States shall conduct, with respect to each Medicare Advantage population group (as defined in paragraph (2)), a study on— (A) the number of individuals in each State who are members of such Medicare Advantage population group and who are enrolled for plan year 2014, and the number of such individuals in each State who were enrolled for prior plan years (as determined through a survey of historical data regarding such enrollment), in Medicare Advantage plans under the Medicare Advantage program under part C of title XVIII of the Social Security Act; and (B) the projected impact of payment reductions to such Medicare Advantage program, including such reductions resulting from the provisions of and amendments made by the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and from administrative actions, on the number of individuals who are members of such Medicare Advantage population group in each State who are projected to be enrolled for each plan year beginning with plan year 2015 in Medicare Advantage plans under such Medicare Advantage program. (2) Definition of Medicare Advantage population group In this section, the term Medicare Advantage population group means each of the following population groups: (A) The group of individuals who are members of one or more racial or ethnic minority populations. (B) The group of individuals who are low-income seniors. (b) Report Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on the results of the studies conducted under subsection (a).
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113-hr-4212
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I 113th CONGRESS 2d Session H. R. 4212 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Kelly of Pennsylvania (for himself, Mr. Neal , Mr. Gerlach , and Mr. Kind ) 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 permanently extend the 15-year recovery period for qualified leasehold improvement property, qualified restaurant property, and qualified retail improvement property.
1. Permanent extension of treatment of qualified leasehold improvement property as 15-year property for purposes of depreciation deduction (a) In general Clause (iv) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 is amended by striking placed in service before January 1, 2014 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 2. Permanent extension of treatment of qualified restaurant property as 15-year property for purposes of depreciation deduction (a) In general Clause (v) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 is amended by striking placed in service before January 1, 2014 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 3. Permanent extension of treatment of qualified retail improvement property as 15-year property for purposes of depreciation deduction (a) In general Clause (ix) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 is amended by striking , and before January 1, 2014 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013.
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113-hr-4213
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I 113th CONGRESS 2d Session H. R. 4213 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Whitfield (for himself, Mr. Peters of Michigan , and Mr. Walberg ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Trade Commission to revise the regulations regarding the definitions for funeral industry practices.
1. Short title This Act may be cited as the Funeral Rule Improvement Act of 2014 . 2. Revision of regulations regarding funeral industry practices required Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall revise the definitions in section 453.1 of title 16, Code of Federal Regulations in the following manner: (1) By amending the definition of funeral provider to read as follows: A funeral provider is any person, partnership, trust, or corporation that sells or offers to sell funeral or burial goods or services to the public. . (2) By further amending the definition of funeral provider to except each of the following: (A) Any religious denomination, middle judicatory, house of worship, or similar religious organization. (B) Any State or political subdivision of a State. (C) Any cemetery that has 25 or fewer burials per year. (D) Any entity described in section 501(c)(13) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(13)). (3) By amending the definition of funeral services to read as follows: Funeral or burial services are any services that are sold or offered for sale directly to the public for use in connection with either: (1) the care and preparation of deceased human remains for burial, cremation, or other final disposition or (2) the arrangement, supervision, or carrying out the funeral ceremony or final disposition of deceased human bodies. .
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113-hr-4214
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I 113th CONGRESS 2d Session H. R. 4214 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Cole introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To promote the academic achievement of American Indian, Alaska Native, and Native Hawaiian children with the establishment of a Native American language grant program.
1. Short title This Act may be cited as the Native Language Immersion Student Achievement Act . 2. Findings Congress finds the following: (1) Congress established the unique status of Native American languages and distinctive policies supporting their use as a medium of education in the Native American Languages Act ( Public Law 101–477 ). (2) Reports from the Bureau of Indian Affairs and tribal, public, charter, and private schools and colleges that use primarily Native American languages to deliver education, have indicated that students from these schools have generally had high school graduation and college attendance rates above the norm for their peers. (3) The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) includes policy barriers to schools taught through Native American languages and a lack of adequate funding to support such opportunities. (4) There is a critical need that requires immediate action to support education through Native American languages to preserve these languages. 3. Native American language schools Title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq. ) is amended by adding at the end the following: D Native American language schools 7401. Native American language schools (a) Purposes The purposes of this section are— (1) to establish a grant program to support schools using Native American languages as the primary language of instruction of all curriculum taught at the school that will improve high school graduation rates, college attainment, and career readiness; and (2) to further integrate into this Act, Federal policy for such schools, as established in the Native American Languages Act ( Public Law 101–477 ). (b) Program authorized (1) In general From the amounts made available to carry out this section, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education, using Native American languages as the primary language of instruction of all curriculum taught at the schools. (2) Eligible entities In this section, the term eligible entity means a school or a private or tribal, nonprofit organization that has a plan to develop and maintain, or to improve and expand, programs that support schools using Native American languages as the primary language of instruction of all curriculum taught at the schools. (c) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) The name of the Native American language to be used for instruction at the school supported by the eligible entity. (B) The number of students attending such school. (C) The number of present hours of Native American language instruction being provided to students at such school, if any. (D) The status of such school with regard to any applicable tribal education department or agency, public education system, indigenous language schooling research and cooperative, or accrediting body. (E) A statement that such school— (i) is engaged in meeting targeted proficiency levels for students, as may be required by applicable Federal, State, or tribal law; and (ii) provides assessments of student using the Native American language of instruction, where appropriate. (F) A list of the instructors, staff, administrators, contractors, or subcontractors at such school and their qualifications to deliver high quality education through the Native American language of the school. (2) Additional application materials In addition to the application described in paragraph (1), an eligible entity that desires to receive a grant under this section shall submit to the Secretary the following: (A) A certification from a Federally recognized Indian tribe, or a letter from any Native American entity, on whose land the school supported by the eligible entity is located, or which is served by such school, indicating that the school has the capacity to provide education primarily through a Native American language and that there are sufficient speakers of such Native American language at the school or available to be hired by the school. (B) A statement that such school will participate in data collection conducted by the Secretary that will determine best practices and further academic evaluation of the school. (C) A demonstration of the capacity to have speakers of its Native American language provide the basic education offered by such school on a full-time basis. (d) Awarding of grants In awarding grants under this section, the Secretary shall— (1) determine the amount and length of each grant; (2) ensure, to the maximum extent feasible, that diversity in languages is represented; and (3) require the eligible entities to present a Native language education plan to improve high school graduation rates, college attainment, and career readiness. (e) Activities authorized An eligible entity that receives a grant under this section shall carry out the following activities: (1) Support Native American language education and development. (2) Develop or refine instructional curriculum for the school supported by the eligible entity, including distinctive teaching materials and activities, as appropriate. (3) Fund training opportunities for teachers and, as appropriate, staff and administrators, that would strengthen the overall language and academic goals of such school. (4) Other activities that promote Native American language education and development, as appropriate. (f) Report to secretary Each eligible entity that receives a grant under this section shall provide an annual report to the Secretary in such form and manner as the Secretary may require. (g) Authorization of appropriation There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 4 succeeding fiscal years. .
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113-hr-4215
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I 113th CONGRESS 2d Session H. R. 4215 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Connolly introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To strengthen privacy and data security, and for other purposes.
1. Short title This Act may be cited as the Federal Agency Data Breach Notification Act of 2014 . 2. Privacy breach requirements (a) Information security (1) Amendment Subchapter III of chapter 35 of title 44, United States Code, is amended by adding at the end the following: 3550. Privacy breach requirements (a) Policies and Procedures The Director of the Office of Management and Budget shall establish and oversee policies and procedures for agencies to follow in the event of a breach of information security involving the disclosure of personally identifiable information, including requirements for— (1) not later than 72 hours after the agency discovers such a breach, or discovers evidence that reasonably indicates such a breach has occurred, notice to the individuals whose personally identifiable information could be compromised as a result of such breach; (2) timely reporting to a Federal cybersecurity center, as designated by the Director of the Office of Management and Budget; and (3) any additional actions that the Director finds necessary and appropriate, including data breach analysis, fraud resolution services, identity theft insurance, and credit protection or monitoring services. (b) Required Agency Action The head of each agency shall ensure that actions taken in response to a breach of information security involving the disclosure of personally identifiable information under the authority or control of the agency comply with policies and procedures established by the Director of the Office of Management and Budget under subsection (a). (c) Report Not later than March 1 of each year, the Director of the Office of Management and Budget shall report to Congress on agency compliance with the policies and procedures established under subsection (a). (d) Federal cybersecurity center defined The term Federal cybersecurity center means any of the following: (1) The Department of Defense Cyber Crime Center. (2) The Intelligence Community Incident Response Center. (3) The United States Cyber Command Joint Operations Center. (4) The National Cyber Investigative Joint Task Force. (5) Central Security Service Threat Operations Center of the National Security Agency. (6) The United States Computer Emergency Readiness Team. (7) Any successor to a center, team, or task force described in paragraphs (1) through (6). (8) Any center that the Director of the Office of Management and Budget determines is appropriate to carry out the requirements of this section. . (2) Technical and Conforming Amendment The table of sections for subchapter III of chapter 35 of title 44, United States Code, is amended by adding at the end the following: 3550. Privacy breach requirements. . (b) Amendments to the E-Government Act of 2002 Section 208(b)(1)(A) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note; Public Law 107–347 ) is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new clause: (iii) using information in an identifiable form purchased, or subscribed to for a fee, from a commercial data source. . (c) Authority of the Director of the Office of Management and Budget with respect to federal information policy Section 3504(g) of title 44, United States Code, is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking . and and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) designate a Federal Chief Privacy Officer within the Office of Management and Budget who is a noncareer appointee in a Senior Executive Service position and who is a trained and experienced privacy professional to carry out the responsibilities of the Director with regard to privacy. .
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113-hr-4216
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I 113th CONGRESS 2d Session H. R. 4216 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Conyers (for himself and Ms. DeGette ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title V of the Social Security Act to provide grants to States to establish State maternal mortality review committees on pregnancy-related deaths occurring within such States; to develop definitions of severe maternal morbidity and data collection protocols; and to eliminate disparities in maternal health outcomes.
1. Short title This Act may be cited as the Maternal Health Accountability Act of 2014 . 2. Findings; purposes (a) Findings Congress finds the following: (1) The aggregate pregnancy-related mortality ratio in the United States as measured by the Centers for Disease Control and Prevention Pregnancy Mortality Surveillance System was 14.5 for the 8-year period 1998 through 2005, higher than any other period in the previous 20 years. Although this increase may reflect changes in data collection methods by the States, this reported increase, along with no improvement in previous years remains a source of great concern for the Centers for Disease Control and Prevention, and registered nurses, health care providers, and patient advocates such as the Joint Commission, the American College of Obstetricians and Gynecologists, and Amnesty International. (2) The Centers for Disease Control and Prevention has found that maternal deaths should be investigated through State-based maternal death reviews and maternal quality collaboratives, as these entities are well-situated to identify deaths, review the factors associated with them, and take action with the findings in order to institute the systemic changes needed to decrease pregnancy-related and pregnancy-associated mortality. (3) Women of color and low-income women face added risks in terms of death, complications, and access to quality health care. African-American women are three to four times more likely to die of pregnancy-related complications than White women. In 2006 the Centers for Disease Control and Prevention reported that the maternal mortality ratio for non-Hispanic White women was 9.1 deaths per 100,000 births compared with 34.8 deaths per 100,000 births for non-Hispanic Black women. These rates and disparities have not improved in more than 20 years. (4) Healthy People 2010, a comprehensive, nationwide health promotion and disease prevention agenda launched by the Department of Health and Human Services, set a target goal of reducing maternal mortality in the United States to 4.3 deaths per 100,000 live births by 2010. In 2007, the national maternal mortality ratio was 12.7 deaths per 100,000 live births. (5) Severe complications that result in women nearly dying, known as a near miss or severe maternal morbidity has increased by 75 percent for delivery (based on data comparing 1998 through 1999) and 114 percent for postpartum hospitalizations (based on data comparing 2008 through 2009). Such data also estimates that severe morbidity affects 52,000 women a year and is expected to continue to increase. Moreover, there is no scientific consensus on uniform definitions of severe maternal morbidity and best practices for data collection, making it difficult to measure the full extent of severe morbidity and developing evidence-based interventions. (b) Purposes The purposes of this Act are the following: (1) To establish governmental accountability and a shared responsibility between States and the Federal Government to identify opportunities for improvement in quality of care and system changes, and to educate and inform health institutions and professionals, women, and families about preventing pregnancy-related deaths and complications and reducing disparities. (2) To develop a model for States to operate maternal mortality reviews and assess the various factors that may have contributed to maternal mortality, including quality of care, racial disparities, and systemic problems in the delivery of health care, and to develop appropriate interventions to reduce and prevent such deaths. 3. Uniform State maternal mortality review committees on pregnancy-related deaths (a) Condition of receipt of payments from allotment under Maternal and Child Health Service Block Grant Title V of the Social Security Act ( 42 U.S.C. 701 et seq. ) is amended by adding at the end the following new section: 514. Uniform State maternal mortality review committees on pregnancy-related deaths (a) Grants (1) In general Notwithstanding any other provision of this title, for each of fiscal years 2015 through 2021, in addition to payments from allotments for States under section 502 for such year, the Secretary shall, subject to paragraph (3) and in accordance with the criteria established under paragraph (2), award grants to States to— (A) carry out the activities described in subsection (b)(1); (B) establish a State maternal mortality review committee, in accordance with subsection (b)(2), to carry out the activities described in subsection (b)(2)(A), and to establish the processes described in subsection (b)(1); (C) ensure the State department of health carries out the applicable activities described in subsection (b)(3), with respect to pregnancy-related deaths occurring within the State during such fiscal year; (D) implement and use the comprehensive case abstraction form developed under subsection (c), in accordance with such subsection; (E) provide for public disclosure of information, in accordance with subsection (e); and (F) collect, analyze, and report to the Secretary cases of maternal morbidity, including reports of maternal morbidity data on admissions to an intensive care unit or the transfusion of more than three units of blood products. (2) Criteria The Secretary shall establish criteria for determining eligibility for and the amount of a grant awarded to a State under paragraph (1). Such criteria shall provide that in the case of a State that receives such a grant for a fiscal year and is determined by the Secretary to have not used such grant in accordance with this section, such State shall not be eligible for such a grant for any subsequent fiscal year. (3) Authorization of appropriations For purposes of carrying out the grant program under this section, including for administrative purposes, there is authorized to be appropriated $10,000,000 for each of fiscal years 2015 through 2021. (b) Pregnancy-Related death review (1) Review of pregnancy-related death and pregnancy-associated death cases For purposes of subsection (a), with respect to a State that receives a grant under subsection (a), the following shall apply: (A) Mandatory reporting of pregnancy-related deaths (i) In general The State shall, through the State maternal mortality review committee, develop a process, separate from any reporting process established by the State department of health prior to the date of the enactment of this section, that provides for mandatory and confidential case reporting by individuals and entities described in clause (ii) of pregnancy-related deaths to the State department of health. (ii) Individuals and Entities described Individuals and entities described in this clause include each of the following: (I) Health care providers. (II) Medical examiners. (III) Medical coroners. (IV) Hospitals. (V) Free-standing birth centers. (VI) Other health care facilities. (VII) Any other individuals responsible for completing death certificates. (VIII) Any other appropriate individuals or entities specified by the Secretary. (B) Voluntary reporting of pregnancy-related and pregnancy-associated deaths (i) The State shall, through the State maternal mortality review committee, develop a process for and encourage, separate from any reporting process established by the State department of health prior to the date of the enactment of this section, voluntary and confidential case reporting by individuals described in clause (ii) of pregnancy-associated deaths to the State department of health. (ii) The State shall, through the State maternal mortality review committee, develop a process for voluntary and confidential reporting by family members of the deceased and by other individuals on possible pregnancy-related and pregnancy-associated deaths to the State department of health. Such process shall include— (I) making publicly available on the Internet Web site of the State department of health a telephone number, Internet Web link, and email address for such reporting; and (II) publicizing to local professional organizations, community organizations, and social services agencies the availability of the telephone number, Internet Web link, and email address made available under subclause (I). (C) Development of case-finding The State, through the vital statistics unit of the State, shall annually identify pregnancy-related and pregnancy-associated deaths occurring in such State during the year involved by— (i) matching all death records, with respect to such year, for women of childbearing age to live birth certificates and infant death certificates to identify deaths of women that occurred during pregnancy and within one year after the end of a pregnancy; (ii) identifying deaths reported during such year as having an underlying or contributing cause of death related to pregnancy, regardless of the time that has passed between the end of the pregnancy and the death; (iii) collecting data from medical examiner and coroner reports; and (iv) any other methods the States may devise to identify maternal deaths, such as through review of a random sample of reported deaths of women of childbearing age to ascertain cases of pregnancy-related and pregnancy-associated deaths that are not discernable from a review of death certificates alone. When feasible and for purposes of effectively collecting and obtaining data on pregnancy-related and pregnancy-associated deaths, the State shall adopt the most recent standardized birth and death certificates, as issued by the National Center for Vital Health Statistics, including the recommended checkbox section for pregnancy on the death certificates. (D) Case investigation and development of case summaries Following receipt of reports by the State department of health pursuant to subparagraph (A) or (B) and collection by the vital statistics unit of the State of possible cases of pregnancy-related and pregnancy-associated deaths pursuant to subparagraph (C), the State, through the State maternal mortality review committee established under subsection (a), shall investigate each case, utilizing the case abstraction form described in subsection (c), and prepare de-identified case summaries, which shall be reviewed by the committee and included in applicable reports. For purposes of subsection (a), under the processes established under subparagraphs (A), (B), and (C), a State department of health or vital statistics unit of a State shall provide to the State maternal mortality review committee access to information collected pursuant to such subparagraphs as necessary to carry out this subparagraph. Data and information collected for the case summary and review are for purposes of public health activities, in accordance with HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act). Such case investigations shall include data and information obtained through— (i) medical examiner and autopsy reports of the woman involved; (ii) medical records of the woman, including such records related to health care prior to pregnancy, prenatal and postnatal care, labor and delivery care, emergency room care, hospital discharge records, and any care delivered up until the time of death of the woman for purposes of public health activities, in accordance with HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act); (iii) oral and written interviews of individuals directly involved in the maternal care of the woman during and immediately following the pregnancy of the woman, including health care, mental health, and social service providers, as applicable; (iv) optional oral or written interviews of the family of the woman; (v) socioeconomic and other relevant background information about the woman; (vi) information collected in subparagraph (C)(i); and (vii) other information on the cause of death of the woman, such as social services and child welfare reports. (2) State maternal mortality review committees (A) Duties (i) Required committee activities For purposes of subsection (a), a maternal mortality review committee established by a State pursuant to a grant under such subsection shall carry out the following pregnancy-related death and pregnancy-associated death review activities and shall include all information relevant to the death involved on the case abstraction form developed under subsection (d): (I) With respect to a case of pregnancy-related or pregnancy-associated death of a woman, review the case summaries prepared under subparagraphs (A), (B), (C), and (D) of paragraph (1). (II) Review aggregate statistical reports developed by the vital statistics unit of the State under paragraph (1)(C) regarding pregnancy-related and pregnancy-associated deaths to identify trends, patterns, and disparities in adverse outcomes and address medical, non-medical, and system-related factors that may have contributed to such pregnancy-related and pregnancy-associated deaths and disparities. (III) Develop recommendations, based on the review of the case summaries under paragraph (1)(D) and aggregate statistical reports under subclause (II), to improve maternal care, social and health services, and public health policy and institutions, including with respect to improving access to maternal care, improving the availability of social services, and eliminating disparities in maternal care and outcomes. (ii) Optional committee activities For purposes of subsection (a), a maternal mortality review committee established by a State under such subsection may present findings and recommendations regarding a specific case or set of circumstances directly to a health care facility or its local or State professional organization for the purpose of instituting policy changes, educational activities, or otherwise improving the quality of care provided by the facilities. (B) Composition of maternal mortality review committees (i) In General Each State maternal mortality review committee established pursuant to a grant under subsection (a) shall be multi-disciplinary, consisting of health care and social service providers, public health officials, other persons with professional expertise on maternal health and mortality, and patient and community advocates who represent those communities within such State that are the most affected by maternal mortality. Membership on such a committee of a State shall be reviewed annually by the State department of health to ensure that membership representation requirements are being fulfilled in accordance with this paragraph. (ii) Required membership Each such review committee shall include— (I) representatives from medical specialities providing care to pregnant and postpartum patients, including obstetricians (including generalists and maternal fetal medicine specialists), and family practice physicians; (II) certified nurse midwives, certified midwives, and advanced practice nurses; (III) hospital-based registered nurses; (IV) representatives of the State department of health maternal and child health department; (V) social service providers or social workers; (VI) the chief medical examiners or designees; (VII) facility representatives, such as from hospitals or free-standing birth centers; and (VIII) community or patient advocates who represent those communities within the State that are the most affected by maternal mortality. (iii) Additional members Each such review committee may also include representatives from other relevant academic, health, social service, or policy professions, or community organizations, on an ongoing basis, or as needed, as determined beneficial by the review committee, including— (I) anesthesiologists; (II) emergency physicians; (III) pathologists; (IV) epidemiologists or biostatisticians; (V) intensivists; (VI) vital statistics officers; (VII) nutritionists; (VIII) mental health professionals; (IX) substance abuse treatment specialists; (X) representatives of relevant advocacy groups; (XI) academics; (XII) representatives of beneficiaries of the State plan under the Medicaid program under title XIX; (XIII) paramedics; (XIV) lawyers; (XV) risk management specialists; (XVI) representatives of the departments of health or public health of major cities in the State involved; and (XVII) policy makers. (iv) Diverse community membership The composition of such a committee, with respect to a State, shall include— (I) representatives from diverse communities, particularly those communities within such State most severely affected by pregnancy-related deaths or pregnancy-associated deaths and by a lack of access to relevant maternal care services, from community maternal child health organizations, and from minority advocacy groups; (II) members, including health care providers, from different geographic regions in the State, including any rural, urban, and tribal areas; and (III) health care and social service providers who work in communities that are diverse with regard to race, ethnicity, immigration status, Indigenous status, and English proficiency. (v) Maternal mortality review staff Staff of each such review committee shall include— (I) vital health statisticians, maternal child health statisticians, or epidemiologists; (II) a coordinator of the State maternal mortality review committee, to be designated by the State; and (III) administrative staff. (C) Option for States to form regional maternal mortality reviews States with a low rate of occurrence of pregnancy-associated or pregnancy-related deaths may choose to partner with one or more neighboring States to fulfill the activities described in paragraph (1)(C). In such a case, with respect to States in such a partnership, any requirement under this section relating to the reporting of information related to such activities shall be deemed to be fulfilled by each such State if a single such report is submitted for the partnership. (3) State Department of Health Activities For purposes of subsection (a), a State department of health of a State receiving a grant under such subsection shall— (A) in consultation with the maternal mortality review committee of the State and in conjunction with relevant professional organizations, develop a plan for ongoing health care provider education, based on the findings and recommendations of the committee, in order to improve the quality of maternal care; and (B) take steps to widely disseminate the findings and recommendations of the State maternal mortality review committees of the State and to implement the recommendations of such committee. (c) Case abstraction form (1) Development The Director of the Centers for Disease Control and Prevention shall develop a uniform, comprehensive case abstraction form and make such form available to States for State maternal mortality review committees for use by such committees in order to— (A) ensure that the cases and information collected and reviewed by such committees can be pooled for review by the Department of Health and Human Services and its agencies; and (B) preserve the uniformity of the information and its use for Federal public health purposes. (2) Permissible State modification Each State may modify the form developed under paragraph (1) for implementation and use by such State or by the State maternal mortality review committee of such State by including on such form additional information to be collected, but may not alter the standard questions on such form, in order to ensure that the information can be collected and reviewed centrally at the Federal level. (d) Treatment as public health authority for purposes of HIPAA For purposes of applying HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act), a State maternal mortality review committee of a State established pursuant to this section to carry out activities described in subsection (b)(2)(A) shall be deemed to be a public health authority described in section 164.501 (and referenced in section 164.512(b)(1)(i)) of title 45, Code of Federal Regulations (or any successor regulation), carrying out public health activities and purposes described in such section 164.512(b)(1)(i) (or any such successor regulation). (e) Public disclosure of information (1) In general For fiscal year 2015 or a subsequent fiscal year, each State receiving a grant under this section for such year shall, subject to paragraph (3), provide for the public disclosure, and submission to the information clearinghouse established under paragraph (2), of the information included in the report of the State under section 506(a)(2)(F) for such year (relating to the findings for such year of the State maternal mortality review committee established by the State under this section). (2) Information clearinghouse The Secretary of Health and Human Services shall establish an information clearinghouse, that shall be administered by the Director of the Centers for Disease Control and Prevention, that will maintain findings and recommendations submitted pursuant to paragraph (1) and provide such findings and recommendations for public review and research purposes by State health departments, maternal mortality review committees, and health providers and institutions. (3) Confidentiality of information In no case shall any individually identifiable health information be provided to the public, or submitted to the information clearinghouse, under paragraph (1). (f) Confidentiality of review committee proceedings (1) In general All proceedings and activities of a State maternal mortality review committee under this section, opinions of members of such a committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this section, including records of interviews, written reports, and statements procured by the Department of Health and Human Services or by any other person, agency, or organization acting jointly with the Department, in connection with morbidity and mortality reviews under this section, shall be confidential, and not subject to discovery, subpoena, or introduction into evidence in any civil, criminal, legislative, or other proceeding. Such records shall not be open to public inspection. (2) Testimony of members of committee (A) In general Members of a State maternal mortality review committee under this section may not be questioned in any civil, criminal, legislative, or other proceeding regarding information presented in, or opinions formed as a result of, a meeting or communication of the committee. (B) Clarification Nothing in this subsection shall be construed to prevent a member of such a committee from testifying regarding information that was obtained independent of such member’s participation on the committee, or that is public information. (3) Availability of information for research purposes Nothing in this subsection shall prohibit the publishing by such a committee or the Department of Health and Human Services of statistical compilations and research reports that— (A) are based on confidential information, relating to morbidity and mortality review; and (B) do not contain identifying information or any other information that could be used to ultimately identify the individuals concerned. (g) Definitions For purposes of this section: (1) The term pregnancy-associated death means the death of a woman while pregnant or during the one-year period following the date of the end of pregnancy, irrespective of the cause of such death. (2) The term pregnancy-related death means the death of a woman while pregnant or during the one-year period following the date of the end of pregnancy, irrespective of the duration or site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management, but not from any accidental or incidental cause. (3) The term woman of childbearing age means a woman who is at least 10 years of age and not more than 54 years of age. . (b) Inclusion of findings of review committees in required reports (1) State triennial reports Paragraph (2) of section 506(a) of such Act ( 42 U.S.C. 706(a) ) is amended by inserting after subparagraph (E) the following new subparagraph: (F) In the case of a State receiving a grant under section 514, beginning for the first fiscal year beginning after 3 years after the date of establishment of the State maternal mortality review committee established by the State pursuant to such grant and once every 3 years thereafter, information containing the findings and recommendations of such committee and information on the implementation of such recommendations during the period involved. . (2) Annual reports to Congress Paragraph (3) of such section is amended— (A) in subparagraph (D), at the end, by striking and ; (B) in subparagraph (E), at the end, by striking the period and inserting ; and ; and (C) by adding at the end the following new subparagraph: (F) For fiscal year 2015 and each subsequent fiscal year, taking into account the findings, recommendations, and implementation information submitted by States pursuant to paragraph (2)(F), on the status of pregnancy-related deaths and pregnancy-associated deaths in the United States and including recommendations on methods to prevent such deaths in the United States. . 4. NIH workshop and research plan development on severe maternal morbidity (a) Workshop The Secretary of Health and Human Services, acting through the Director of NIH and in consultation with the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, the heads of other Federal agencies that administer Federal health programs, and relevant national professional organizations dealing with maternal morbidity, shall organize a national workshop to identify definitions for severe maternal morbidity and make recommendations for a research plan to identify and monitor severe maternal morbidity in the United States. (b) Research plan and data collection protocols The Secretary, taking into account the findings of the workshop under paragraph (1), shall develop uniform definitions of severe maternal morbidity, a research plan on severe maternal morbidity, and possible data collection protocols to assist States in identifying and monitoring cases of severe maternal morbidity and to develop recommendations on addressing such cases. (c) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare and submit to the appropriate committees of Congress a report concerning the definitions and research plan developed under this section. (d) Authorization of appropriations There is authorized to be appropriated for fiscal year 2015— (1) $50,000 to carry out subsection (a); and (2) $100,000 to carry out subsection (b). 5. Eliminating disparities in maternity health outcomes Part B of title III of the Public Health Service Act is amended by inserting after section 317T of such Act ( 42 U.S.C. 247b–22 ) the following new section: 317U. Eliminating disparities in maternity health outcomes (a) In general The Secretary shall, in consultation with relevant national stakeholder organizations, such as national medical specialty organizations, national maternal child health organizations, and national health disparity organizations, carry out the following activities to eliminate disparities in maternal health outcomes: (1) Conduct research into the determinants and the distribution of disparities in maternal care, health risks, and health outcomes, and improve the capacity of the performance measurement infrastructure to measure such disparities. (2) Expand access to services that have been demonstrated to improve the quality and outcomes of maternity care for vulnerable populations. (3) Establish a demonstration project to compare the effectiveness of interventions to reduce disparities in maternity services and outcomes, and implement and assessing effective interventions. (b) Scope and selection of States for demonstration project The demonstration project under subsection (a)(3) shall be conducted in no more than 8 States, which shall be selected by the Secretary based on— (1) applications submitted by States, which specify which regions and populations the State involved will serve under the demonstration project; (2) criteria designed by the Secretary to ensure that, as a whole, the demonstration project is, to the greatest extent possible, representative of the demographic and geographic composition of communities most affected by disparities; (3) criteria designed by the Secretary to ensure that a variety of type of models are tested through the demonstration project and that such models include interventions that have an existing evidence base for effectiveness; and (4) criteria designed by the Secretary to assure that the demonstration projects and models will be carried out in consultation with local and regional provider organizations, such as community health centers, hospital systems, and medical societies representing providers of maternity services. (c) Duration of demonstration project The demonstration project under subsection (a)(3) shall begin on January 1, 2015, and end on December 31, 2019. (d) Grants for evaluation and monitoring The Secretary may make grants to States and health care providers participating in the demonstration project under subsection (a)(3) for the purpose of collecting data necessary for the evaluation and monitoring of such project. (e) Reports (1) State reports Each State that participates in the demonstration project under subsection (a)(3) shall report to the Secretary, in a time, form, and manner specified by the Secretary, the data necessary to— (A) monitor the— (i) outcomes of the project; (ii) costs of the project; and (iii) quality of maternity care provided under the project; and (B) evaluate the rationale for the selection of the items and services included in any bundled payment made by the State under the project. (2) Final report Not later than December 31, 2020, the Secretary shall submit to Congress a report on the results of the demonstration project under subsection (a)(3). .
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113-hr-4217
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I 113th CONGRESS 2d Session H. R. 4217 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Forbes introduced the following bill; which was referred to the Committee on Armed Services A BILL To prohibit a reduction in funding for the defense commissary system in fiscal year 2015 pending the report of the Military Compensation and Retirement Modernization Commission.
1. Short title This Act may be cited as the Military Commissary Sustainment Act . 2. Prohibition on reduction in funding for the defense commissary system in fiscal year 2015 pending the report of the Military Compensation and Retirement Modernization Commission Notwithstanding any other provision of law, the monthly amount of funds made available by the Department of Defense for the defense commissary system during fiscal year 2015 may not be reduced below the average monthly amount of funds made available for that system during fiscal year 2014 until the date of the report of the Military Compensation and Retirement Modernization Commission under section 674(f) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1792).
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113-hr-4218
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I 113th CONGRESS 2d Session H. R. 4218 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Grijalva (for himself and Mr. Pastor of Arizona ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Yuma Crossing National Heritage Area.
1. Short title This Act may be cited as the Yuma Crossing National Heritage Area Reauthorization Act . 2. Reauthorization of Yuma Crossing National Heritage Area Section 7 of the Yuma Crossing National Heritage Area Act of 2000 ( 16 U.S.C. 461 note; Public Law 106–319; 114 Stat. 1284) is amended by striking 2015 and inserting 2030 .
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113-hr-4219
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I 113th CONGRESS 2d Session H. R. 4219 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Latta (for himself, Mrs. Blackburn , and Mr. Matheson ) 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 provide for the recognition of voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products.
1. Short title This Act may be cited as the Voluntary Certification Program Act of 2014 . 2. Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products Section 326(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6296(b) ) is amended by adding at the end the following: (6) Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products (A) Definition of basic model group In this paragraph, the term basic model group means a set of models— (i) that share characteristics that allow the performance of 1 model to be generally representative of the performance of other models within the group; and (ii) in which the group of products does not necessarily have to share discrete performance. (B) Reliance on voluntary certification programs For the purpose of testing to verify the performance rating of, or receiving test reports from manufacturers certifying compliance with energy conservation standards and Energy Star specifications established under sections 324A, 325, and 342, the covered products described in paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and (K) of section 340(1), the Secretary and Administrator shall rely on voluntary certification programs that— (i) are nationally recognized; (ii) maintain a publicly available list of all certified products and equipment; (iii) as determined by the Secretary, annually test not less than 10 percent and not more than 30 percent of the basic model group of a program participant; (iv) require the changing of the performance rating or removal of the product or equipment from the program, if verification testing determines that the performance rating does not meet the levels the manufacturer has certified to the Secretary; (v) require the qualification of new participants in the program through testing and production of test reports; (vi) allow for challenge testing of products and equipment within the scope of the program; (vii) require program participants to certify the performance rating of all covered products and equipment within the scope of the program; (viii) are conducted by a certification body that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17065; (ix) provide to the Secretary— (I) an annual report of all test results; (II) prompt notification when program testing results in— (aa) the rerating of the performance rating of a product or equipment; or (bb) the delisting of a product or equipment; and (III) test reports, on the request of the Secretary or the Administrator, for Energy Star compliant products, which shall be treated as confidential business information as provided for under section 552(b)(4) of title 5, United States Code (commonly known as the Freedom of Information Act ); (x) use verification testing that— (I) is conducted by an independent test laboratory that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17025 with a scope covering the tested products or equipment; (II) follows the test procedures established under this title; and (III) notes in each test report any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing; and (xi) satisfy such other requirements as the Secretary has determined— (I) are essential to ensure standards compliance; or (II) have consensus support achieved through a negotiated rulemaking process. (C) Administration (i) In general The Secretary shall not require— (I) manufacturers to participate in a voluntary certification program described in subparagraph (B); or (II) participating manufacturers to provide information that can be obtained through a voluntary certification program described in subparagraph (B). (ii) List of covered products The Secretary or the Administrator may maintain a publicly available list of covered products and equipment certified under a program described in subparagraph (B) that distinguishes between— (I) covered products and equipment verified by the program; and (II) products not verified by the program. (iii) Reduction of requirements Any rules promulgated by the Secretary that require testing of products or equipment for certification of performance ratings shall on average reduce requirements and burdens for manufacturers participating in a voluntary certification program described in subparagraph (B) for the products or equipment relative to other manufacturers. (iv) Periodic testing by program nonparticipants In addition to certification requirements, the Secretary shall require a manufacturer that does not participate in a voluntary certification program described in subparagraph (B)— (I) to verify the accuracy of the performance rating of the product or equipment through periodic testing using the testing methods described in clause (iii) or (x) of subparagraph (B); and (II) to provide to the Secretary test results and, on request, test reports verifying the certified performance for each basic model group of the manufacturer. (v) Restrictions on test laboratories (I) In general Subject to subclause (II), with respect to covered products and equipment, a voluntary certification program described in subparagraph (B) shall not be a test laboratory that conducts the testing on products or equipment within the scope of the program. (II) Limitation Subclause (I) shall not apply to Energy Star specifications established under section 324A. (vi) Effect on other authority Nothing in this paragraph limits the authority of the Secretary or the Administrator to test products or equipment or to enforce compliance with any law (including regulations). .
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113-hr-4220
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I 113th CONGRESS 2d Session H. R. 4220 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Nolan introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the exchange of certain Federal land and non-Federal land in the State of Minnesota.
1. Short title This Act may be cited as the School District 318 Land Exchange Act . 2. Purposes The purposes of this Act are— (1) to provide greater safety to the students of the Robert J. Elkington Middle School and the families of those students in Grand Rapids, Minnesota; and (2) to promote the mission of the United States Geological Survey. 3. Definitions In this Act: (1) District The term District means Minnesota Independent School District number 318 in Grand Rapids, Minnesota. (2) Federal land (A) In general The term Federal land means the parcel of approximately 1.3 acres of United States Geological Survey land identified as USGS Parcel 91-016-4111 on the map, which was transferred to the Department of the Interior by the General Services Administration by a letter dated July 22, 1965. (B) Inclusion The term Federal land includes any structures on the land described in subparagraph (A). (3) Map The term map means each of the maps entitled USGS and School Parcel Locations and dated January 15, 2014. (4) Non-Federal land (A) In general The term non-Federal land means the parcel of approximately 1.6 acres of District land identified as School Parcel 91-540-1210 on the map. (B) Inclusion The term non-Federal land includes any structures on the land described in subparagraph (A). (5) Secretary The term Secretary means the Secretary of the Interior. 4. Exchange of Federal land and non-Federal land (a) In general If the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land, the Secretary shall— (1) accept the offer; and (2) convey to the District all right, title, and interest of the United States in and to the Federal land. (b) Valuation (1) In general The value of the Federal land and non-Federal land to be exchanged under subsection (a) shall be determined— (A) by an independent appraiser selected by the Secretary; and (B) in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (2) Approval Appraisals conducted under paragraph (1) shall be submitted to the Secretary for approval. (3) Cash equalization payments (A) In general If the value of the Federal land and non-Federal land to be exchanged under subsection (a) is not of equal value, the value shall be equalized through a cash equalization payment to the Secretary. (B) Use of amounts Amounts received under subparagraph (A) shall be deposited in the Treasury and credited to miscellaneous receipts.
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113-hr-4221
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I 113th CONGRESS 2d Session H. R. 4221 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Sires introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome.
1. Short title This Act may be cited as the Collaborative Academic Research Efforts for Tourette Syndrome Act of 2014 . 2. Programs of the National Institutes of Health relating to Tourette syndrome Part B of title IV of the Public Health Service Act is amended by inserting after section 409J (42 U.S.C. 284q) the following: 409K. Expansion, intensification, and coordination of activities with respect to Tourette syndrome (a) In general The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the programs and activities of the National Institutes of Health with respect to scientific and clinical research on Tourette syndrome. (b) Data collection (1) System In carrying out subsection (a), the Secretary shall develop a system to collect data on Tourette syndrome, including epidemiologic information with respect to the incidence, prevalence, and impact of Tourette syndrome in the United States. (2) Broad and narrow definitions The data collection system under paragraph (1) shall provide for the collection of primary data on Tourette syndrome, including related data on the various conditions known to be comorbid with Tourette syndrome. (3) Collection by population and geographical region The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. (c) Collaborative Research Centers for Tourette Syndrome (1) In general In carrying out subsection (a), the Secretary shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for Collaborative Research Centers for Tourette Syndrome. (2) Research Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The research conducted by such centers, as a group, shall include research in the fields of developmental neurobiology, neuroscience, genetics, psychology, and pharmacology. (3) Services for patients (A) In general A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. (B) Referral and costs A program under subparagraph (A) may, in accordance with such criteria as the Secretary may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. (C) Availability and access The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants and contracts to applicants which meet the scientific criteria for funding under this subsection. (4) Organization of Collaborative Research Centers for Tourette Syndrome (A) In general A center under paragraph (1) may— (i) use the facilities of a single institution; or (ii) be formed from a consortium of cooperating institutions and patient advocacy groups in order to maximize the scope of the center’s services and geographic coverage. (B) Eligibility requirements To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (A)(ii)), an institution or group shall meet such requirements as the Secretary may prescribe. (5) Number of centers; duration of support (A) In general Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than 4 and not more than 6 centers under paragraph (1). (B) Geographical distribution The Secretary shall— (i) ensure that each of the centers established under paragraph (1) is located in a different region of the United States than the other such centers; and (ii) encourage the formation of such centers from a consortium of entities (as described in paragraph (4)(A)(ii)) covering multiple regions or States. (C) Duration Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed and approved by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. (d) Research on symptomology and treatment In carrying out subsection (a), the Secretary shall award grants on a competitive, peer-reviewed basis for research on— (1) the full range of symptomology within the Tourette syndrome clinical spectrum; and (2) the efficacy of treatment options for particular patient subpopulations. (e) Funding Of the amounts made available to carry out the programs and activities of the National Institutes of Health for a fiscal year, the Secretary shall designate a portion of such amounts for carrying out the programs and activities of the National Institutes of Health with respect to Tourette syndrome. .
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113-hr-4222
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I 113th CONGRESS 2d Session H. R. 4222 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Southerland introduced the following bill; which was referred to the Committee on Natural Resources A BILL To correct the boundaries of John H. Chafee Coastal Barrier Resources System units in Florida, and for other purposes.
1. Replacement of John H. Chafee Coastal Barrier Resources System Map (a) In general The map included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) and relating to Indian Peninsula Unit FL–92 and Cape San Blas Unit P–30 in Florida is hereby replaced by another map relating to the same unit entitled John H. Chafee Coastal Barrier Resources System Corrected Indian Peninsula Unit FL–92 and Cape San Blas Unit P–30 and dated ______. (b) Availability The Secretary of the Interior shall keep the replacement map referred to in subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ).
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113-hr-4223
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I 113th CONGRESS 2d Session H. R. 4223 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Wolf introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To restrict United States nationals from traveling to countries in which foreign governments or anti-government forces allow foreign terrorist organizations to engage in armed conflict for purposes of participating in such armed conflict or from providing material support to entities that are engaged in such armed conflict, and for other purposes.
1. Short title This Act may be cited as the International Conflicts of Concern Act . 2. Identification of Countries of Conflict Concern (a) Identification Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report that identifies each country the government of which or anti-government forces in which the President believes, based on all information available to the President, is allowing one or more foreign terrorist organizations to engage in armed conflict that is occurring in such country. (b) Updates The President shall update the report required under subsection (a)— (1) as new information becomes available; and (2) not less frequently than annually. (c) Form The report required under subsection (a) and the updates required under subsection (b) shall be submitted in unclassified form, but may contain a classified annex if necessary. 3. Designation of Countries of Conflict Concern (a) Designation (1) In general The President shall designate a country as a Country of Conflict Concern if the President determines that— (A) the government of such country or anti-government forces in the country is allowing one or more foreign terrorist organizations to engage in armed conflict that is occurring in such country as identified in the report required under section 2(a) or any update to the report required under section 2(b); and (B) it is in the national security interest of the United States to restrict travel by any United States national to such country and to restrict material support provided by United States nationals to entities that are engaged in armed conflict in such country. (2) Initial designation Syria shall be deemed to have been designated by the President under paragraph (1) as of the date of the enactment of this Act and the President is not required to notify Congress of such designation of Syria under subsection (b). (b) Report on designation Upon designating a country as a Country of Conflict Concern under subsection (a), the President shall submit to Congress a report notifying Congress of the designation of the country. (c) Licensing requirement With respect to any country designated as a Country of Conflict Concern under subsection (a), the President shall exercise the authorities of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 et seq. ) without regard to section 202 of such Act to require a United States national to obtain a license— (1) to travel to such country; or (2) to provide material support to entities that are engaged in armed conflict in such country. (d) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person who violates paragraph (1) or (2) of subsection (c), or a regulation prescribed under this Act, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act (50 U.S.C. 1705(a)). (e) Termination of designation The designation of a country as a Country of Conflict Concern under subsection (a) shall terminate on the date on which the President determines and certifies to Congress that subparagraph (A) or (B) of subsection (a)(1) (as the case may be), or both, no longer applies with respect to the country. 4. Regulations The President is authorized to promulgate such regulations as may be necessary to carry out the provisions of this Act, including the promulgation of such regulations under the authority of section 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1704 ). 5. Definitions In this Act: (1) Foreign terrorist organization The term foreign terrorist organization means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (2) United States national The term United States national means— (A) a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ); or (B) an alien who is lawfully present in the United States.
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113-hr-4224
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V 113th CONGRESS 2d Session H. R. 4224 IN THE HOUSE OF REPRESENTATIVES March 12, 2014 Mr. Brady of Pennsylvania introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Victor Hugo Santos.
1. Permanent resident status for Victor Hugo Santos (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Victor Hugo Santos shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status If Victor Hugo Santos enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number Upon the granting of an immigrant visa or permanent residence to Victor Hugo Santos, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Victor Hugo Santos shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act .
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113-hr-4225
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I 113th CONGRESS 2d Session H. R. 4225 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mrs. Wagner introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide a penalty for knowingly selling advertising that offers certain commercial sex acts.
1. Short title This Act may be cited as the Stop Advertising Victims of Exploitation Act of 2014 or the SAVE Act of 2014 . 2. Advertising that offers certain commercial sex acts 1591A. Advertising that offers certain commercial sex acts (a) Offense Whoever, in or affecting interstate or foreign commerce, knowingly benefits financially from, receives anything of value from, or distributes advertising that offers a commercial sex act in a manner prohibited under section 1591, shall be fined under this title, imprisoned not more than 5 years, or both. (b) Definitions In this section, the terms have the meanings given those terms in section 1591. . 3. Extra-territorial jurisdiction Section 1596 of title 18, United States Code, is amended by striking or 1591 and inserting 1591, or 1591A . 4. Clerical amendment The table of sections at the beginning of chapter 77 of title 18, United States Code, is amended by inserting after the item relating to section 1591 the following: 1591A. Advertising that offers certain commercial sex acts. .
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113-hr-4226
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I 113th CONGRESS 2d Session H. R. 4226 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Royce (for himself and Mr. Huffman ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Credit Union Act to exclude a loan secured by a non-owner occupied 1- to 4-family dwelling from the definition of a member business loan, and for other purposes.
1. Short title This Act may be cited as the Credit Union Residential Loan Parity Act . 2. Treatment of a non-owner occupied 1- to 4-family dwelling (a) Removal from member business loan limitation Section 107A(c)(1)(B)(i) of the Federal Credit Union Act ( 12 U.S.C. 1757a(c)(1)(B)(i) ) is amended by striking that is the primary residence of a member . (b) Rule of construction Nothing in this Act or the amendment made by this Act shall preclude the National Credit Union Administration from treating an extension of credit that is fully secured by a lien on a 1- to 4-family dwelling that is not the primary residence of a member as a member business loan for purposes other than the member business loan limitation requirements under section 107A of the Federal Credit Union Act ( 12 U.S.C. 1757a ).
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113-hr-4227
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I 113th CONGRESS 2d Session H. R. 4227 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. George Miller of California (for himself, Ms. DeLauro , Mr. Nadler , Mr. McGovern , Ms. Norton , Mr. Tierney , Mr. Langevin , Mr. Swalwell of California , Mr. Honda , Mr. Enyart , Ms. Lee of California , Ms. Slaughter , Ms. Jackson Lee , Mr. Grayson , Ms. Moore , Mr. Pocan , Mr. Sablan , Mr. Takano , Ms. Clark of Massachusetts , Ms. Fudge , Mr. Grijalva , Ms. McCollum , Mr. Blumenauer , Mr. Holt , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on House Administration , the Judiciary , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title VII of the Civil Rights Act of 1964 and other statutes to clarify appropriate liability standards for Federal antidiscrimination claims.
1. Short title This Act may be cited as the Fair Employment Protection Act of 2014 . 2. Findings and purposes (a) Findings Congress finds the following: (1) Harassment is a widespread problem in workplaces in the United States. Surveys indicate that at least one-fourth of all working women and 10 percent of men have experienced sexual harassment on the job. (2) In fiscal year 2013, a combined total of over 30,000 harassment charges were filed with the Equal Employment Opportunity Commission and State fair employment practices agencies. More than 10,000 of these charges involved sexual harassment. (3) Women and people of color working in low-wage jobs are particularly vulnerable to harassment in the workplace. (4) In some industries harassment is even more widespread. For example, 80 percent of female farm-workers working in the fields in central California reported that they had experienced sexual harassment. (5) Studies indicate that sexual harassment of women, including unwanted touching, grabbing, and stalking, is also common in male-dominated industries, such as construction, public safety, manufacturing, farming, and the high-tech industry. Harassment in male-dominated industries operates as a barrier to women’s entry into higher-paying jobs. (6) Racial harassment remains a pervasive problem in the workplace in the United States. In fiscal year 2013, more than 11,000 of the charges of harassment filed with the Equal Employment Opportunity Commission and State fair employment practices agencies were charges of racial harassment. (7) Research shows that workers in a wide spectrum of occupations, ranging from service and support positions to management and professional positions, report experiencing race-based harassment while on the job. (8) Harassment in the workplace is a persistent barrier to opportunity for people with disabilities. Harassment can result in workers with disabilities being forced off the job. Workplace harassment is used to send the message that workers with disabilities do not belong at work. (9) Age discrimination continues to be a barrier to employment for older workers. Over one-third of older workers report that they or someone they know experienced age discrimination in the workplace. (10) Three quarters of older Americans surveyed are concerned that age may be an obstacle to finding work. (11) The Supreme Court’s decision in Vance v. Ball State University, No. 11–556, (June 24, 2013) significantly undermines protections against discrimination that the Supreme Court established in Faragher v. Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), which held that an employer may be vicariously liable under title VII of the Civil Rights Act of 1964 for harassment of an employee by an individual that has supervisory authority over that employee. (12) In Faragher and Ellerth, the Supreme Court held that employers will be subject to a strict liability standard when employees with supervisory authority engage in harassment that results in tangible employment actions. However, in situations where supervisors engage in harassment that does not result in tangible employment actions, the Court explained, an employer can avoid vicarious liability by showing that— (A) the employer exercised reasonable care to prevent and correct any harassing behavior; and (B) the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided. (13) Whether an employer should be vicariously liable for harassment is a functional analysis that is based not on the title of the harasser or the employer’s job description for the harasser’s position but on the authority vested in that individual by the employer. (14) The Supreme Court holding in Vance limits the category of individuals who are considered supervisors and for which an employer may be held vicariously liable under Faragher and Ellerth to those individuals that have authority to take tangible employment actions. This holding ignores the reality that employees with the authority to control their subordinates’ daily work should be included in that category, for which an employer may be held vicariously liable, because such individuals are aided by that authority in perpetuating a discriminatory work environment. (15) Individuals who direct the daily work activities of employees but do not have the authority to take tangible employment actions against those employees are common in the workplace in the United States, particularly in industries that employ low-wage workers. Workers in industries including retail, restaurant, health care, housekeeping, and personal care, which may pay low wages and employ a large numbers of female workers, are particularly vulnerable to harassment by individuals who have the power to direct day-to-day work activities but lack the power to take tangible employment actions. (b) Purpose The purpose of this Act is to clarify that an employer’s vicarious liability for harassment under title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, section 1977 of the Revised Statutes, the Genetic Information Nondiscrimination Act of 2008, the Government Employee Rights Act of 1991, the Congressional Accountability Act of 1995, and title III of the United States Code extends to— (1) an individual with the authority to undertake or recommend tangible employment actions affecting the victim of the harassment; or (2) an individual with the authority to direct the victim’s daily work activities. 3. Amendment to title VII of the Civil Rights Act of 1964 (a) Standard for employer liability for hostile work environment Section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ) is amended by adding at the end the following: (o) Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes an unlawful employment practice under this section if, at the time of the harassment— (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (b) Standard for employer liability for retaliatory hostile work environment Section 704 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–3 ) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes an unlawful employment practice as described under subsection (a) if, at the time of the harassment— (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. . (c) Federal employees Section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) is amended by adding at the end the following: (g) The provisions of sections 703(o) and 704(b) shall apply to hostile work environment claims and retaliatory hostile work environment claims, respectively, under this section. . 4. Amendment to the Age Discrimination in Employment Act (a) Standard for employer liability for hostile work environment Section 4 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ) is amended by adding at the end the following: (n) Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that is unlawful under this section if, at the time of the harassment— (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (b) Standard for employer liability for retaliatory hostile work environment Section 4(d) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ) is amended by striking or litigation under this Act. and inserting or litigation under this Act. Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that is unlawful under this subsection if, at the time of the harassment— (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. . (c) Federal employees Section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ) is amended by adding at the end the following: (h) Subsections (d) and (n) of section 4 shall apply to retaliatory hostile work environment claims and hostile work environment claims, respectively, under this section. . 5. Amendment to the Americans With Disabilities Act (a) Standard for employer liability for hostile work environment Section 102 of the Americans with Disabilities Act ( 42 U.S.C. 12112 ) is amended by adding at the end the following: (e) Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes discrimination against a qualified individual on the basis of disability under this section if, at the time of the harassment— (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the qualified individual; or (B) to direct the qualified individual's daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (b) Standard for employer liability for retaliatory hostile work environment Section 503 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12203 ) is amended— (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following: (c) Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes retaliatory discrimination, as described in subsection (a), or the carrying out of any unlawful acts described in subsection (b), if, at the time of the harassment— (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee's daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. ; and (3) in subsection (d), as redesignated by paragraph (1), by striking subsections (a) and (b) and inserting subsections (a), (b), and (c) . 6. Amendment to the Rehabilitation Act (a) Standard for employer liability for hostile work environment and Retaliatory Hostile Work Environment Section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ) is amended by adding at the end the following: (h) Subject to section 12 of the Fair Employment Protection Act of 2014 , each department, agency, and instrumentality in the executive branch of Government and the Smithsonian Institution shall be liable for the acts of any individual within such department, agency, instrumentality, or the Smithsonian Institution whose harassment of an individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes nonaffirmative action employment discrimination under this section if, at the time of the harassment— (1) such individual was authorized by that department, agency, instrumentality, or the Smithsonian Institution— (A) to undertake or recommend tangible employment actions affecting the individual with a disability; or (B) to direct the daily work activities of the individual with a disability; or (2) the negligence of that department, agency, instrumentality, or the Smithsonian Institution led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . (b) Standard for employer liability for hostile work environment and retaliatory hostile work environment Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) is amended by adding at the end the following: (e) Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer described under subsection (b) shall be liable for the acts of any individual whose harassment of a qualified individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes employment discrimination under this section if, at the time of the harassment— (1) such individual was authorized by such employer— (A) to undertake or recommend tangible employment actions affecting the qualified individual with a disability; or (B) to direct the daily work activities of the qualified individual with a disability; or (2) the negligence of such employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . (c) Remedies Section 505 of the Rehabilitation Act ( 29 U.S.C. 794a ) is amended by adding at the end of subsection (a) the following: (3) Sections 501(h) and 504(e) shall apply to hostile work environment claims and retaliatory hostile work environment claims under this section. . 7. Amendment to section 1977 of the Revised Statutes Section 1977 of the Revised Statutes ( 42 U.S.C. 1981 ) is amended by adding at the end the following: (d) Subject to section 12 of the Fair Employment Protection Act of 2014 , a nongovernmental employer shall be liable for the acts of any individual whose harassment of an employee has created a hostile work environment or a retaliatory hostile work environment, constituting an unlawful employment practice, if, at the time of the harassment— (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . 8. Amendment to the Genetic Information Nondiscrimination Act of 2008 (a) Standard for employer liability for hostile work environment Section 202 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1 ) is amended by adding at the end the following: (d) Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes an unlawful employment practice under this section if, at the time of the harassment— (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (b) Standard for employer liability for retaliatory hostile work environment Section 207(f) of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6(f) ) is amended by striking violations of this subsection. and inserting violations of this subsection. Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes discrimination under this subsection if, at the time of the harassment— (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. . 9. Amendment to the Government Employee Rights Act of 1991 Section 302 of the Government Employee Rights Act of 1991 ( 42 U.S.C. 2000e–16b ) is amended by adding at the end the following: (c) Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer of an individual described under section 304(a) shall be liable for the acts of any individual whose harassment of a State employee described in section 304 has created or continued a hostile work environment or a retaliatory hostile work environment constituting discrimination under this section, if at the time of the harassment— (1) such individual was authorized by such employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . 10. Amendment to title 3 of the United States Code Section 411 of title 3, United States Code, is amended— (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following: (c) Liability of employing office Subject to section 12 of the Fair Employment Protection Act of 2014 , an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment constituting discrimination under this section if, at the time of the harassment— (1) such individual was authorized by the employing office— (A) to undertake or recommend tangible employment actions affecting the covered employee; or (B) to direct the covered employee’s daily work activities; or (2) the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. ; and (3) in subsection (f), as redesignated by paragraph (2), by striking “subsections (a) through (c)” and inserting “subsections (a) through (d).”. 11. Amendment to the Congressional Accountability Act of 1995 Section 201 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Subject to section 12 of the Fair Employment Protection Act of 2014 , an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment that constitutes discrimination under this section if, at the time of the harassment— (1) such individual was authorized by the employing office— (A) to undertake or recommend tangible employment actions affecting the covered employee; or (B) to direct the covered employee’s daily work activities; or (2) the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . 12. Rule of construction Nothing in this Act shall be construed to limit the availability of, or access to, defenses available under the law. 13. Savings clause If any provision of this Act is declared invalid, the other provisions in this Act will remain in full force and effect. 14. Application This Act, and the amendments made by this Act, shall apply to all claims pending on or after the date of enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4227ih/xml/BILLS-113hr4227ih.xml
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113-hr-4228
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I 113th CONGRESS 2d Session H. R. 4228 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Duncan of South Carolina (for himself, Mr. McCaul , Mr. Barber , and Mr. Daines ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To require the Department of Homeland Security to improve discipline, accountability, and transparency in acquisition program management.
1. Short title This Act may be cited as the DHS Acquisition Accountability and Efficiency Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Definitions. Title I—Acquisition Authorities Sec. 101. Acquisition authorities for Under Secretary for management. Sec. 102. Acquisition authorities for Chief Financial Officer. Sec. 103. Acquisition authorities for Chief Information Officer. Sec. 104. Chief Procurement Officer. Sec. 105. Requirements to ensure greater accountability for acquisition programs. Title II—Acquisition Program Management Discipline Sec. 201. Acquisition Review Board. Sec. 202. Requirements to reduce duplication in acquisition programs. Sec. 203. Government Accountability Office review of Board and of requirements to reduce duplication in acquisition programs. Title III—Acquisition Program Management Accountability and Transparency Sec. 301. Congressional notification and other requirements for major acquisition program breach. Sec. 302. Multiyear acquisition strategy. Sec. 303. Government Accountability Office review of multiyear acquisition strategy. Sec. 304. Office of Inspector General report. 3. Findings Congress finds the following: (1) The Department of Homeland Security does not consistently implement its policies and Government and private sector best practices for acquisitions and procurement. (2) It is difficult to determine the cost of the Department’s major acquisition programs because the Department has not provided consistent, comparable updates on an annual basis. As of January 2014, the Department identified over 80 major acquisition programs costing over $300,000,000, and, based on 2011, estimates it plans to spend about $170,000,000,000 in the future on major acquisition programs. (3) Since 2005, the Government Accountability Office has placed Department acquisition management activities on its High-Risk List , which identifies Government operations that have greater susceptibility to fraud, waste, abuse, and mismanagement or greater need for transformation to address economy, efficiency, or effectiveness challenges. (4) While the Department has taken actions to address some high-risk acquisition program management issues, many programs continue to experience challenges with funding instability, workforce shortfalls, reliable cost estimates, realistic schedules, agreed-upon baseline objectives, and consistent and reliable data needed to accurately measure program performance. (5) Of the 77 Department major acquisition programs in 2011, the Government Accountability Office identified 42 programs that experienced cost growth, schedule slips, or both. The Department reported that the magnitude of the cost growth for 16 of the 42 programs, which increased from almost $20,000,000,000 to over $50,000,000,000 in 2011, had an aggregate increase of 166 percent. (6) In 2012, the Government Accountability Office found that only 20 of 63 programs had Department-approved acquisition program baselines. The Government Accountability Office also reported that the Department planned to spend more than $105 billion on programs lacking acquisition program baselines. 4. Definitions (a) In general In this Act: (1) Secretary The term Secretary means the Secretary of Homeland Security. (2) Department The term Department means the Department of Homeland Security. (3) Congressional homeland security committees The term congressional homeland security committees means— (A) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Appropriations of the House of Representatives and of the Senate. (b) Additional definitions In this Act: (1) Acquisition The term acquisition has the meaning provided in section 131 of title 41, United States Code. (2) Best practices The term best practices , with respect to acquisition, means a knowledge-based approach to capability development that includes identifying and validating needs; assessing alternatives to select the most appropriate solution; clearly establishing well-defined requirements; developing realistic cost assessments and schedules; securing stable funding that matches resources to requirements; demonstrating technology, design, and manufacturing maturity; using milestones and exit criteria or specific accomplishments that demonstrate progress; adopting and executing standardized processes with known success across programs; establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and integrating these capabilities into the Department’s mission and business operations. (c) Amendments to definitions in homeland security act of 2002 Section 2 of the Homeland Security Act of 2002 is amended— (1) by inserting (a) In General .—In this Act, ; (2) in section 2(2)— (A) by inserting (A) after (2) ; and (B) by adding at the end the following new subparagraph: (B) The term congressional homeland security committees means— (i) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Appropriations of the House of Representatives and of the Senate. ; and (3) by adding at the end the following new subsection: (b) Acquisition-Related definitions In this Act, the following definitions apply: (1) Acquisition The term acquisition has the meaning provided in section 131 of title 41, United States Code. (2) Acquisition decision authority The term acquisition decision authority means the authority, held by the Secretary acting through the Under Secretary for Management or Deputy Secretary— (A) to ensure compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives; (B) to review (including approving, halting, modifying, or cancelling) an acquisition program through the life cycle of the program; (C) to ensure that program managers have the resources necessary to successfully execute an approved acquisition program; and (D) to ensure good program management of cost, schedule, risk, and system performance of the acquisition, including assessing acquisition program baseline breaches and directing any corrective action for such breaches. (3) Acquisition decision event The term acquisition decision event , with respect to an investment or acquisition program, means a predetermined point within the acquisition phases of the investment or acquisition program at which the investment or acquisition program will undergo a review prior to commencement of the next phase. (4) Acquisition decision memorandum The term acquisition decision memorandum , with respect to an acquisition, means the official acquisition decision event record that includes a documented record of decisions, exit criteria, and assigned actions for the acquisition as determined by the person exercising acquisition decision authority for the acquisition. (5) Acquisition program baseline The term acquisition program baseline , with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be met in order to accomplish the goals of the program. (6) Capability development plan The term capability development plan , with respect to a proposed acquisition, means the document that the Accountability Review Board approves for the first acquisition decision event related to validating the need of a proposed acquisition. (7) Component acquisition executive The term Component Acquisition Executive means the senior acquisition official within a Component who is designated in writing by the Under Secretary for Management, in consultation with the Component head, with authority and responsibility for leading a process and staff to provide acquisition and program management oversight, policy, and guidance to ensure that statutory, regulatory, and higher level policy requirements are fulfilled, including compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management. (8) Life cycle cost The term life cycle cost , with respect to an acquisition program, means all costs associated with research, development, procurement, operation, integrated logistics support, and disposal under the program, including supporting infrastructure that plans, manages, and executes the program over its full life, and costs of common support items incurred as a result of the program. (9) Major acquisition program The term major acquisition program means a Department acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300,000,000 (based on fiscal year 2014 constant dollars) over its life cycle cost. . I Acquisition Authorities 101. Acquisition authorities for Under Secretary for management Section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 ) is amended— (1) in subsection (a)(2), by striking Procurement and inserting Acquisition and procurement ; and (2) by adding at the end the following: (d) Acquisition and related responsibilities (1) In general Notwithstanding section 1702(b) of title 41, United States Code, the Under Secretary for Management is the Chief Acquisition Officer of the Department. As Chief Acquisition Officer, the Under Secretary shall have the authority and perform the functions as specified in section 1702(b) of such title, and perform all other functions and responsibilities delegated by the Secretary or described in this subsection. (2) Duties and responsibilities In addition to the authority and functions specified in section 1702(b) of title 41, United States Code, the duties and responsibilities of the Under Secretary for Management related to acquisition include the following: (A) Advising the Secretary regarding acquisition management activities, taking into account risks of failure to achieve cost, schedule, or performance parameters, to ensure that the Department achieves its mission through the adoption of widely accepted program management best practices and standards. (B) Exercising the acquisition decision authority to approve, halt, modify (including the recession of approvals of program milestones), or cancel major acquisition programs, unless the Under Secretary delegates the authority to a Component Acquisition Executive pursuant to paragraph (3). (C) Establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost, schedule, or performance parameters that all Components of the Department shall comply with, including outlining relevant authorities for program managers to effectively manage acquisition programs. (D) Ensuring that the heads of Components and Component Acquisition Executives comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives. (3) Delegation of acquisition decision authority (A) Level 3 acquisitions The Under Secretary for Management may delegate acquisition decision authority in writing to the relevant Component Acquisition Executive for an acquisition program that has a life cycle cost estimate of less than $300,000,000. (B) Level 2 acquisitions The Under Secretary for Management may delegate acquisition decision authority in writing to the relevant Component Acquisition Executive for a major acquisition program that has a life cycle cost estimate of at least $300,000,000 but not more than $1,000,000,000 if all of the following requirements are met: (i) The Component concerned possesses working policies, processes, and procedures that are consistent with Department-level acquisition policy. (ii) The Component Acquisition Executive has adequate, experienced, dedicated program management professional staff commensurate with the size of the delegated portfolio. (iii) Each major acquisition program concerned has written documentation showing that it has a Department-approved acquisition program baseline and it is meeting agreed-upon cost, schedule, and performance thresholds. (4) Relationship to under secretary for science and technology Nothing in this subsection shall diminish the authority granted to the Under Secretary for Science and Technology under this Act. The Under Secretary for Management and the Under Secretary for Science and Technology shall cooperate in matters related to the coordination of acquisitions across the Department so that investments of the Directorate of Science and Technology can support current and future requirements of the Components. . 102. Acquisition authorities for Chief Financial Officer Section 702 of the Homeland Security Act of 2002 ( 6 U.S.C. 342 ) is amended by adding at the end of subsection (b)(2) the following new subparagraph: (J) Notwithstanding section 902 of title 31, United States Code, provide leadership over financial management policy and programs for the Department as they relate to the Department’s acquisitions programs, in consultation with the Under Secretary for Management. . 103. Acquisition authorities for Chief Information Officer Section 703 of the Homeland Security Act of 2002 ( 6 U.S.C. 343 ) is amended by adding at the end the following new subsection: (c) Acquisition responsibilities Notwithstanding section 11315 of title 40, United States Code, the acquisition responsibilities of the Chief Information Officer, in consultation with the Under Secretary for Management, shall include the following: (1) Serve as the lead technical authority for information technology programs and establish departmental information technology priorities, policies, processes, standards, guidelines, and procedures. (2) Oversee the management of the Homeland Security Enterprise Architecture and ensure that, before each acquisition decision event, approved information technology acquisitions comply with departmental information technology management processes, technical requirements, and the Homeland Security Enterprise Architecture. (3) Be responsible for providing recommendations to the Acquisition Review Board established in section 836 of this Act on information technology programs, and be responsible for developing information technology acquisition strategic guidance. . 104. Chief Procurement Officer (a) In general Title VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is amended by adding at the end the following new section: 708. Chief Procurement Officer (a) In general There is a Chief Procurement Officer of the Department, who shall report directly to the Under Secretary for Management. The Chief Procurement Officer is the senior procurement executive for purposes of section 1702(c) of title 41, United States Code, and shall perform procurement functions as specified in such section. The Chief Procurement Officer also shall perform other functions and responsibilities set forth in this section and as may be assigned by the Under Secretary for Management. (b) Responsibilities The Chief Procurement Officer shall— (1) exercise leadership and authority to the extent delegated by the Under Secretary for Management over the Department procurement function; (2) issue acquisition regulations and policies; (3) account for the integrity, performance, and oversight of Department procurement and contracting functions and be responsible for ensuring that a procurement’s contracting strategy and plans are consistent with the intent and direction of the Acquisition Review Board established in section 836 of this Act; (4) serve as the Department’s business advisor and main liaison to industry on procurement-related issues by providing advice on industry engagement, acquisition policy, oversight of the procurement function, and development of the acquisition workforce; (5) oversee a centralized certification and training program, in consultation with the Under Secretary for Management, for the entire Department acquisition workforce while using, to the greatest extent practicable, best practices and acquisitions training opportunities already in existence within the Federal Government, the private sector, or universities and colleges, as appropriate; (6) delegate or retain contracting authority, as appropriate, except as provided in section 701(d)(3) of this Act; (7) participate in the selection, and periodic performance review, of the head of each contracting activity within the Department; and (8) ensure that a fair proportion (as defined pursuant to the Small Business Act (15 U.S.C. 631 et seq.)) of Federal contract and subcontract dollars are awarded to small businesses and maximize opportunities for small business participation. (c) Best practices defined In this section, the term best practices , with respect to acquisition, means a knowledge-based approach to capability development that includes identifying and validating needs; assessing alternatives to select the most appropriate solution; clearly establishing well-defined requirements; developing realistic cost assessments and schedules; securing stable funding that matches resources to requirements; demonstrating technology, design, and manufacturing maturity; using milestones and exit criteria or specific accomplishments that demonstrate progress; adopting and executing standardized processes with known success across programs; establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and integrating these capabilities into the Department’s mission and business operations. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by adding after the item relating to section 707 the following new item: Sec. 708. Chief Procurement Officer. . 105. Requirements to ensure greater accountability for acquisition programs (a) In general Title VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is further amended by adding at the end the following new section: 709. Requirements to ensure greater accountability for acquisition programs (a) Requirement To establish mechanism Within the Management Directorate, the Under Secretary for Management shall establish a mechanism to prioritize improving the accountability, standardization, and transparency of major acquisition programs of the Department in order to increase opportunities for effectiveness and efficiencies and to serve as the central oversight function of all Department acquisition programs. (b) Responsibilities of executive director The Under Secretary for Management shall designate an Executive Director to oversee the requirement under subsection (a). The Executive Director shall report directly to the Under Secretary and shall carry out the following responsibilities: (1) Monitor the performance of Department acquisition programs regularly between acquisition decision events to identify problems with cost, performance, or schedule that Components may need to address to prevent cost overruns, performance issues, or schedule delays. (2) Assist the Chief Acquisition Officer in managing the Department’s acquisition portfolio. (3) Conduct oversight of individual acquisition programs to implement Department acquisition program policy, procedures, and guidance with a priority on ensuring the data it collects and maintains from its Components is accurate and reliable. (4) Serve as the focal point within the Department for policy, process, and procedure regarding life cycle cost estimating and analysis. (5) Serve as the focal point and coordinator for the acquisition life cycle review process and as the executive secretariat for the Acquisition Review Board established under section 836 of this Act. (6) Advise the persons having acquisition decision authority in making acquisition decisions consistent with all applicable laws and in establishing clear lines of authority, accountability, and responsibility for acquisition decisionmaking within the Department. (7) Engage in the strategic planning and performance evaluation process required under section 306 of title 5, United States Code, and sections 1105(a)(28), 1115, 1116, and 9703 of title 31, United States Code, by supporting the Chief Procurement Officer in developing strategies and specific plans for hiring, training, and professional development in order to rectify any deficiency within the Department’s acquisition workforce. (8) Oversee the Component Acquisition Executive structure to ensure it has sufficient capabilities and complies with Department policies. (9) Develop standardized certification standards in consultation with the Component Acquisition Executives for all acquisition program managers. (10) In the event that a program manager’s certification or actions need review for purposes of promotion or removal, provide input, in consultation with the relevant Component Acquisition Executive, into the relevant program manager’s performance evaluation, and report positive or negative experiences to the relevant certifying authority. (11) Provide technical support and assistance to Department acquisitions and acquisition personnel in conjunction with the Chief Procurement Officer. (12) Prepare the Department’s Comprehensive Acquisition Status Report, as required by the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113–6; 127 Stat. 343), and make such report available to congressional homeland security committees. The report shall also include— (A) a listing of programs that have been cancelled, modified, paused, or referred to the Under Secretary for Management or Deputy Secretary for additional oversight or action by the Board, Department Office of Inspector General, or the Comptroller General; and (B) a listing of established Executive Steering Committees, which provide governance of a program or related set of programs and lower-tiered oversight, and support between acquisition decision events and Component reviews, including the mission and membership for each. (13) Prepare the Department’s Quarterly Program Accountability Report to meet the Department’s mandate to perform program health assessments and improve program execution and governance, and make such report available to the congressional homeland security committees. (c) Responsibilities of components Each head of a Component shall comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management. For each major acquisition, each head of a Component shall establish a complete life cycle estimate with supporting documentation, complete a cost-benefit analysis with supporting documentation, and ensure that all acquisition program information provided by the Component is complete, accurate, timely, and valid. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is further amended by adding after the item relating to section 708 the following new item: Sec. 709. Requirements to ensure greater accountability for acquisition programs. . II Acquisition Program Management Discipline 201. Acquisition Review Board (a) In general Subtitle D of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 391 et seq. ) is amended by adding at the end the following new section: 836. Acquisition Review Board (a) In general The Under Secretary for Management shall establish an Acquisition Review Board (in this section referred to as the Board ) to strengthen accountability and uniformity within the Department acquisition review process, review major acquisition programs, and review the use of best practices. (b) Composition The Deputy Secretary or Under Secretary for Management shall serve as chair of the Board. The Chief Financial Officer, Chief Information Officer, Chief Procurement Officer, and Executive Director referred to in section 709(b) of this Act shall also serve on the Board. The Board shall also permit participation by other Department officials, including the Under Secretary for Science and Technology and relevant Component Acquisition Executives on an ad hoc basis at the invitation of the chair. At least two Component heads or their designees shall be permanent members of the Board. (c) Meetings The Board shall meet every time a major acquisition program needs authorization to proceed from acquisition decision events through the acquisition life cycle and to consider any major acquisition program in breach as necessary. The Board may also be convened for non-major acquisitions that are deemed high-risk by the Executive Director referred to in section 709(b) of this Act. The Board shall also meet regularly for purposes of ensuring all acquisitions processes proceed in a timely fashion to achieve mission readiness. (d) Responsibilities The responsibilities of the Board are as follows: (1) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life cycle framework and is able to proceed to the next phase and eventual full production and deployment. (2) Oversee executable business strategy, resources, management, accountability, and alignment to strategic initiatives. (3) Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for the acquisition at key acquisition decision events. (4) Conduct systematic reviews of acquisitions to ensure that they are progressing in compliance with the approved documents for their current acquisition phase. (5) Validate the acquisition documents of each major acquisition program, including the acquisition program baseline, to ensure the reliability of underlying data. (6) Ensure that practices are adopted and implemented to require consideration of trade-offs among cost, schedule, and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the capability development plan, second acquisition decision event, including, at a minimum, the following practices: (A) Department officials responsible for acquisition, budget, and cost estimating functions are provided with the appropriate opportunity to develop estimates and raise cost and schedule matters before performance objectives are established for capabilities when feasible. (B) Full consideration of possible trade-offs among cost, schedule, and performance objectives for each alternative is considered. (e) Acquisition program baseline report requirement If the Under Secretary for Management approves a major acquisition program to proceed beyond the acquisition decision event requiring a capability development plan before it has a Department-approved acquisition program baseline, then the Under Secretary for Management shall create and approve an acquisition program baseline Report on the decision, and the Secretary shall— (1) within seven days after an acquisition decision memorandum is signed, notify in writing the congressional homeland security committees of such decision; and (2) within 60 days after the acquisition decision memorandum is signed, submit a report to such committees stating the rationale for the decision and a plan of action to require an acquisition program baseline for the program. (f) Best practices defined In this section, the term best practices has the meaning provided in section 708(c) of this Act. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is further amended by adding after the item relating to section 835 the following new item: Sec. 836. Acquisition Review Board. . 202. Requirements to reduce duplication in acquisition programs (a) In general Subtitle D of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 391 et seq. ) is further amended by adding at the end the following new section: 837. Requirements to reduce duplication in acquisition programs (a) Requirement To establish policies In an effort to reduce duplication and inefficiency for all Department investments, including major acquisition programs, the Under Secretary for Management shall establish Department-wide policies to integrate all phases of the investment life cycle and help the Department identify, validate, and prioritize standards for common Component requirements for major acquisition requirements in order to increase opportunities for effectiveness and efficiencies. (b) Mechanisms To carry out requirement The Under Secretary for Management shall coordinate the actions necessary to carry out subsection (a), using such mechanisms as considered necessary by the Secretary to help the Department reduce duplication and inefficiency for all Department investments, including major acquisition programs. (c) Coordination In coordinating the actions necessary to carry out subsection (a), the Under Secretary for Management shall consult with Component Acquisition Executives and any other department officials, including the Under Secretary for Science and Technology or his designee, with specific knowledge of Department or Component acquisition capabilities to prevent unnecessary duplication of requirements. (d) Advisors The Under Secretary for Management shall seek and consider input within legal and ethical boundaries from members of Federal, State, local, and tribal governments, nonprofit organizations, and the private sector, as appropriate, on matters within their authority and expertise in carrying out the Department’s mission. (e) Meetings The Under Secretary for Management shall meet at least quarterly and communicate with Components often to ensure that Components do not overlap or duplicate spending or priorities on major investments and acquisition programs within their areas of responsibility. (f) Responsibilities In carrying out this section, the responsibilities of the Under Secretary for Management are as follows: (1) To review and validate the requirements documents of major investments and acquisition programs prior to acquisition decision events of the investments or programs. (2) To ensure the requirements and scope of a major investment or acquisition program are stable, measurable, achievable, at an acceptable risk level, and match the resources planned to be available. (3) Before any entity of the Department issues a solicitation for a new contract, coordinate with other Department entities as appropriate to prevent duplication and inefficiency and— (A) to implement portfolio reviews to identify common mission requirements and crosscutting opportunities among Components to harmonize investments and requirements and prevent overlap and duplication among Components; and (B) to the extent practicable, to standardize equipment purchases, streamline the acquisition process, improve efficiencies, and conduct best practices for strategic sourcing. (4) To ensure program managers of major investments and acquisition programs conduct analyses, giving particular attention to factors such as cost, schedule, risk, performance, and operational efficiency in order to determine that programs work as intended within cost and budget expectations. (5) To propose schedules for delivery of the operational capability needed to meet each Department investment and major acquisition program. (g) Best practices defined In this section, the term best practices has the meaning provided in section 708(c) of this Act. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is further amended by adding after the item relating to section 836 the following new item: Sec. 837. Requirements to reduce duplication in acquisition programs. . 203. Government Accountability Office review of Board and of requirements to reduce duplication in acquisition programs (a) Review required The Comptroller General of the United States shall conduct a review of the effectiveness of the Acquisition Review Board established under section 836 of the Homeland Security Act of 2002 (as added by section 201) and the requirements to reduce duplication in acquisition programs established under section 837 of such Act (as added by section 202) in improving the Department’s acquisition management process. (b) Scope of report The review shall include the following: (1) An assessment of the effectiveness of the Department in increasing program management oversight, best practices and standards, and discipline among the Components of the Department, including in working together and in preventing overlap and duplication. (2) An assessment of the effectiveness of the Department in instilling program management discipline. (3) A statement of how regularly each major acquisition program is reviewed by the Board, how often the Board stops major acquisition programs from moving forward in the phases of the acquisition life cycle process, and the number of major acquisition programs that have been halted because of problems with operational effectiveness, schedule delays, or cost overruns. (c) Report required The Comptroller General shall submit to the congressional homeland security committees a report on the review required by this section not later than one year after the date of the enactment of this Act. The report shall be submitted in unclassified form but may include a classified annex. III Acquisition Program Management Accountability and Transparency 301. Congressional notification and other requirements for major acquisition program breach (a) In general Subtitle D of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 391 et seq. ) is further amended by adding at the end the following new section: 838. Congressional notification and other requirements for major acquisition program breach (a) Breach defined The term breach , with respect to a major acquisition program, means a failure to meet any cost, schedule, or performance parameter specified in the acquisition program baseline. (b) Requirements within department if breach occurs (1) Notifications (A) Notification of potential breach If a major acquisition program has a potential for a breach, notification of the potential breach shall be made to the head of the Component concerned and to the Component Acquisition Executive for the program. (B) Notification of actual breach If an actual breach occurs in a major acquisition program, notification of the breach shall be made to the head of the Component concerned, to the Component Acquisition Executive for the program, to the Executive Director referred to in section 709(b) of this Act, and to the Under Secretary for Management. (C) Notification to Secretary If a major acquisition program has a potential for a breach that is likely to result in a cost overrun greater than 20 percent or a likely delay is greater than 12 months from the costs and schedule described in the acquisition program baseline, within five business days notification of the breach shall be made to the Secretary. (2) Remediation plan and root cause analysis (A) In general The Under Secretary for Management or his designee shall establish a date for submission within the Department of a breach remediation plan and root cause analysis in accordance with this subsection. (B) Remediation plan The remediation plan required under this subsection shall be submitted in writing to the head of the Component concerned, the Executive Director referred to in section 709(b) of this Act, and the Under Secretary for Management. The plan shall— (i) explain the circumstances of the breach; (ii) provide prior cost estimating information; (iii) propose corrective action to control cost growth, schedule delays, or performance issues; (iv) in coordination with Component Acquisition Executive, discuss all options considered, including the estimated impact on cost, schedule, or performance of the program if no changes are made to current requirements, the estimated cost of the program if requirements are modified, and the extent to which funding from other programs will need to be reduced to cover the cost growth of the program; and (v) explain the rationale for why the proposed corrective action is recommended. (C) Root cause analysis The root cause analysis required under this subsection shall determine the underlying cause or causes of shortcomings in cost, schedule, or performance of the program, including the role, if any, of the following: (i) Unrealistic performance expectations. (ii) Unrealistic baseline estimates for cost or schedule or changes in program requirements. (iii) Immature technologies or excessive manufacturing or integration risk. (iv) Unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance. (v) Changes in procurement quantities. (vi) Inadequate program funding or changes in planned out-year funding from one five-year funding plan to the next five-year funding plan as outlined in the Future Years Homeland Security Program required under section 874 of this Act. (vii) Legislative, legal, or regulatory changes. (viii) Inadequate program management personnel, including lack of training, credentials, certifications, or use of best practices. (3) Correction of breach The Under Secretary for Management or his designee shall establish a date for submission within the Department of a program of corrective action that ensures that one of the following actions has occurred: (A) The breach has been corrected and the program is again in compliance with the revised acquisition program baseline parameters. (B) A revised acquisition program baseline has been approved. (C) The program has been halted or cancelled. (c) Requirements relating to congressional notification if breach occurs (1) Notification to congress If a notification is made under subsection (b)(1)(B) for a breach in a major acquisition program with a cost overrun greater than 15 percent of the acquisition program baseline, or with a schedule delay of more than 180 days in the delivery schedule specified in the acquisition program baseline, or with an anticipated failure for any key performance threshold or parameter specified in the acquisition program baseline, the Under Secretary for Management shall notify the congressional homeland security committees of the breach in the next quarterly Comprehensive Acquisition Status Report after the Under Secretary for Management receives the notification from the program manager under subsection (b)(1)(B). (2) Substantial variances in costs or schedule If a likely cost overrun is greater than 20 percent or a likely delay is greater than 12 months from the costs and schedule described in the acquisition program baseline for a major acquisition program, the Under Secretary for Management shall include in the notification required in (c)(1) a written certification, with supporting explanation, that— (A) the acquisition is essential to the accomplishment of the Department’s mission; (B) there are no alternatives to such capability or asset that will provide equal or greater capability in both a more cost-effective and timely manner; (C) the new acquisition schedule and estimates for total acquisition cost are reasonable; and (D) the management structure for the acquisition program is adequate to manage and control performance, cost, and schedule. (3) Submissions to congress Not later than 90 business days after submission to such committees of a breach notification under paragraph (1) for a major acquisition program, the Under Secretary for Management shall submit to such committees the following: (A) A copy of the remediation plan and the root cause analysis prepared under subsection (b)(2) for the program. (B) A statement describing the action or actions that have occurred pursuant to subsection (b)(3) for the program, with a justification for the action or actions. (d) Additional actions if breach occurs (1) Prohibition on obligation of funds If a notification is made under subsection (b)(1)(B) for a breach that is in a major acquisition program, funds appropriated for the major acquisition program shall not be obligated until the Under Secretary for Management submits the certification with respect to the program described in paragraph (3) to the congressional homeland security committees. (2) Certification For purposes of paragraph (1), the certification described in this paragraph is a certification that— (A) the Department has adjusted or restructured the program in a manner that addresses the root cause or causes of the cost growth in the program; and (B) the Department has conducted a thorough review of the breached program’s acquisition decision event approvals and the current acquisition decision event approval for the breached program has been adjusted as necessary to account for the restructured program. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is further amended by adding after the item relating to section 837 the following new item: Sec. 838. Congressional notification and other requirements for major acquisition program breach. . 302. Multiyear acquisition strategy (a) In general (1) Amendment Subtitle D of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 391 et seq. ) is further amended by adding at the end the following new section: 839. Multiyear acquisition strategy (a) Multiyear acquisition strategy required Not later than one year after the date of the enactment of this section, the Secretary shall submit to the appropriate homeland security committees a multiyear acquisition strategy to guide the overall direction of the acquisitions of the Department while allowing flexibility to deal with ever-changing threats and risks and to help industry better understand, plan, and align resources to meet the future acquisition needs of the Department. The strategy shall be updated and included in each Future Years Homeland Security Program required under section 874 of this Act. (b) Consultation In developing the strategy, the Secretary shall consult with others as the Secretary deems appropriate, including headquarters, Components, employees in the field, and when appropriate, individuals from industry and the academic community. (c) Form of strategy The report shall be submitted in unclassified form but may include a classified annex for any sensitive or classified information if necessary. The Department also shall publish the plan in an unclassified format that is publicly available. (d) Contents of strategy The strategy shall include the following: (1) Prioritized list A systematic and integrated prioritized list developed by the Under Secretary for Management or his designee in coordination with all of the Component Acquisition Executives of Department major acquisition programs ranked based on mission and greatest security risks to the homeland that Department and Component acquisition investments seek to address. (2) Inventory A plan to develop a reliable Department-wide inventory of investments and real property assets to help the Department plan, budget, schedule, and acquire upgrades of its systems and equipment and plan for the acquisition and management of future systems and equipment. (3) Funding gaps A plan to address funding gaps between funding requirements for major acquisition programs and known available resources including, to the maximum extent practicable, ways of leveraging commercial leading practices on commodity purchases to identify and eliminate overpayment for items to prevent wasteful purchasing, achieve the greatest level of efficiency and cost savings by rationalizing purchases, aligning pricing for similar items, and utilizing purchase timing and economies of scale. (4) Identification of capabilities An identification of test, evaluation, modeling, and simulation capabilities that will be required to support the acquisition of the technologies to meet the needs of the plan and ways to leverage to the greatest extent possible the emerging technology trends and research and development trends within the public and private sectors and an identification of ways to ensure that the appropriate technology is acquired and integrated into the Department’s operating doctrine and procured in ways that improve mission performance. (5) Focus on flexible solutions An assessment of ways the Department can improve its ability to test and acquire innovative solutions to allow needed incentives and protections for appropriate risk-taking in order to meet its acquisition needs with resiliency, agility, and responsiveness to assure the Nation’s homeland security. (6) Focus on addressing delays and bid protests An assessment of ways the Department can improve the acquisition process to minimize cost overruns and maximize use of flexibilities in the acquisition process, including in requirements development, procurement announcements, requests for proposals, evaluation of proposals, protests of decisions and awards and through the use of best practices as defined in section 708(c) of this Act and lessons learned by the Department and other Federal agencies. (7) Focus on improving outreach An identification and assessment of ways to increase opportunities for communication and collaboration with industry, small and disadvantaged businesses, intra-government entities, university centers of excellence, accredited certification and standards development organizations, and national laboratories to ensure that the Department understands the market for technologies, products, and innovation that is available to meet its mission needs to inform the requirements-setting process and before engaging in an acquisition, including— (A) methods designed especially to engage small and disadvantaged businesses and a cost-benefit analysis of the tradeoffs that small and disadvantaged businesses provide, barriers to entry for small and disadvantaged businesses, and unique requirements for small and disadvantaged businesses; and (B) within the Department Vendor Communication Plan and Market Research Guide, instructions for interaction by program managers with such entities to prevent misinterpretation of acquisition regulations and to permit freedom within legal and ethical boundaries for program managers to interact with such businesses with transparency. (8) Competition A plan regarding competition as described in subsection (e). (9) Acquisition workforce A plan regarding the Department acquisition workforce as described in subsection (f). (10) Feasibility of workforce development fund pilot program An assessment of the feasibility of conducting a pilot program to establish an acquisition workforce development fund as described in subsection (g). (e) Competition plan The strategy shall also include a plan (referred to in subsection (d)(8)) that shall address actions to ensure competition, or the option of competition, for major acquisition programs. The plan may include assessments of the following measures in appropriate cases if such measures are cost effective: (1) Competitive prototyping. (2) Dual-sourcing. (3) Unbundling of contracts. (4) Funding of next-generation prototype systems or subsystems. (5) Use of modular, open architectures to enable competition for upgrades. (6) Acquisition of complete technical data packages. (7) Periodic competitions for subsystem upgrades. (8) Licensing of additional suppliers, including small businesses. (9) Periodic system or program reviews to address long-term competitive effects of program decisions. (f) Acquisition workforce plan (1) Acquisition workforce The strategy shall also include a plan (referred to in subsection (d)(9)) to address Department acquisition workforce accountability and talent management that identifies the acquisition workforce needs of each Component performing acquisition functions and develops options for filling those needs with qualified individuals, including a cost-benefit analysis of contracting for acquisition assistance. (2) Additional matters covered The acquisition workforce plan shall address ways to— (A) improve the recruitment, hiring, training, and retention of Department acquisition workforce personnel in order to retain highly qualified individuals that have experience in the acquisition life cycle, complex procurements, and management of large programs; (B) empower program managers to have the authority to manage their programs in an accountable and transparent manner as they work with the acquisition workforce; (C) prevent duplication within Department acquisition workforce training and certification requirements through leveraging already-existing training within the Federal Government, academic community, or private industry; (D) achieve integration and consistency with Government-wide training and accreditation standards, acquisition training tools, and training facilities; (E) professionalize the Department’s acquisition workforce; and (F) designate the acquisition positions that will be necessary to support the Department acquisition requirements, including in the fields of— (i) program management; (ii) systems engineering; (iii) procurement, including contracting; (iv) test and evaluation; (v) life cycle logistics; (vi) cost estimating and program financial management; and (vii) additional disciplines appropriate to Department mission needs. (g) Feasibility of workforce development fund pilot program The strategy shall also include an assessment (referred to in subsection (d)(10)) of the feasibility of conducting a pilot program to establish a Homeland Security Acquisition Workforce Development Fund (in this subsection referred to as the Fund ) to ensure the Department acquisition workforce has the capacity, in both personnel and skills, needed to properly perform its mission and ensure that the Department receives the best value for the expenditure of public resources. The assessment shall address the following: (1) Ways to credit, transfer, or deposit unobligated or unused funds from Department Components into the Fund to remain available for obligation in the fiscal year for which credited, transferred, or deposited and to remain available for successive fiscal years. (2) Ways to reward the Department acquisition workforce and program managers for good program management in controlling cost growth, limiting schedule delays, and ensuring operational effectiveness through providing a percentage of the savings or general acquisition bonuses. (3) Guidance for the administration of the Fund that includes provisions to do the following: (A) Describe the manner and timing for applications for amounts in the Fund to be submitted. (B) Explain the evaluation criteria to be used for approving or prioritizing applications for amounts in the Fund in any fiscal year. (C) Detail measurable performance metrics to determine if the Fund is meeting the objective to improve the acquisition workforce and to achieve cost savings in acquisition management. . (2) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is further amended by adding after the item relating to section 838 the following new item: Sec. 839. Multiyear acquisition strategy. . (b) Conforming amendment to future years homeland security program Section 874(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 454(a) ) is amended— (1) by striking and at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) include the multiyear acquisition strategy required under section 839 of this Act. . 303. Government Accountability Office review of multiyear acquisition strategy (a) Review required After submission to Congress of the first multiyear acquisition strategy (pursuant to section 839 of the Homeland Security Act of 2002) after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the plan within 180 days to analyze the viability of the plan’s effectiveness in the following: (1) Complying with the requirements in section 839 of the Homeland Security Act of 2002, as added by section 302 of this Act. (2) Establishing clear connections between Department objectives and acquisition priorities. (3) Demonstrating that Department acquisition policy reflects program management best practices and standards. (4) Ensuring competition or the option of competition for major acquisition programs. (5) Considering potential cost savings through using already-existing technologies when developing acquisition program requirements. (6) Preventing duplication within Department acquisition workforce training requirements through leveraging already-existing training within the Federal Government, academic community, or private industry. (7) Providing incentives for program managers to reduce acquisition and procurement costs through the use of best practices and disciplined program management. (8) Assessing the feasibility of conducting a pilot program to establish a Homeland Security Acquisition Workforce Development Fund. (b) Report required The Comptroller General shall submit to the congressional homeland security committees a report on the review required by this section. The report shall be submitted in unclassified form but may include a classified annex. 304. Office of Inspector General report (a) Review required No later than 2 years following the submission of the report submitted by the Comptroller General of the United States as required by section 303, the Department’s Inspector General shall conduct a review of whether the Department has complied with the multiyear acquisition strategy (pursuant to section 839 of the Homeland Security Act of 2002) and adhered to the strategies set forth in the plan. The review shall also consider whether the Department has complied with the requirements to provide the Acquisition Review Board with a capability development plan for each major acquisition. (b) Report required The Inspector General shall submit to the congressional homeland security committees a report of the review required by this section. The report shall be submitted in unclassified form but may include a classified annex.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4228ih/xml/BILLS-113hr4228ih.xml
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113-hr-4229
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I 113th CONGRESS 2d Session H. R. 4229 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Ms. Ros-Lehtinen (for herself, Mr. Diaz-Balart , Mr. Sires , Mr. Salmon , Ms. Wasserman Schultz , Mr. DeSantis , Mr. Deutch , Mr. Garcia , Mr. Bilirakis , and Ms. Frankel of Florida ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary , Ways and Means , and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To seek international sanctions against the Government of Venezuela with respect to foreign persons responsible for or complicit in ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of Venezuela, and for other purposes.
1. Short title This Act may be cited as the Venezuelan Liberty and Democratic Solidarity Act . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the Senate. (2) Sensitive technology (A) In general The term sensitive technology means hardware, software, telecommunications equipment, or any other technology that the President determines is to be used specifically to— (i) restrict the free flow of unbiased information; or (ii) disrupt, monitor, or otherwise restrict freedom of speech. (B) Exception The term sensitive technology does not include information or informational materials the exportation of which the President does not have the authority to regulate. 3. Findings Congress finds the following— (1) On February 12, 2014, also known in Venezuela as the National Youth Day, students began protesting in several cities against Venezuelan leader Nicolás Maduro’s inability to stem violent crime, his undemocratic actions, and a rapidly deteriorating economy marked by high inflation and shortages of consumer goods. (2) On February 12, 2014, a judge issued an arrest warrant for Leopoldo López, leader of the opposition party Voluntad Popular, for unfounded allegations in connection with the student protests. (3) On February 17, 2014, the Government of Venezuela notified the United States Department of State that it had declared 3 consular officers at the United States Embassy in Venezuela personae non gratae. (4) On February 18, 2014, opposition leader Leopoldo López turned himself in to Venezuelan authorities, was arrested, and unjustly charged with criminal incitement, conspiracy, arson, and intent to damage property. (5) Leopoldo López is currently being held in a prison at a military facility. (6) Nongovernmental human rights organizations have alleged that the charges brought against Leopoldo López appear to be a politically motivated attempt to silence dissent in the country. (7) As of March 13, 2014, there have been 24 people killed, over 100 injured, and many persons unjustly detained in relation to pro-democracy demonstrations throughout Venezuela. (8) On February 19, 2014, President Obama criticized the Government of Venezuela for arresting protesters, called for their release, and urged the government to focus on the legitimate grievances of the Venezuelan people . (9) According to the Department of State’s Country Reports on Human Rights Practices for 2013 for Venezuela, The principal human rights abuses reported during the year included corruption, politicization in the judicial system, and government actions to impede freedom of expression and restrict freedom of the press. The government did not respect judicial independence or permit judges to act according to the law without fear of retaliation. The government used the judiciary to intimidate and selectively prosecute political, union, business, and civil society leaders who were critical of government policies or actions. The government harassed and intimidated privately owned television stations, other media outlets, and journalists throughout the year, using threats, fines, property seizures, targeted regulations, arrests, and criminal investigations and prosecutions. . (10) According to the Department of State’s Country Reports on Human Rights Practices for 2013 for Venezuela, The following human rights problems were reported by NGOs, the media, and in some cases the government itself: unlawful killings, including summary killings by police elements; torture and other cruel, inhumane, or degrading treatment; harsh and life-threatening prison conditions and lack of due process rights that contributed to widespread violence, riots, injuries, and deaths in prisons; inadequate juvenile detention centers; arbitrary arrests and detentions; corruption and impunity in police forces; political prisoners; interference with privacy rights; corruption at all levels of government; threats against domestic NGOs; violence against women; anti-Semitism in the official media; trafficking in persons; violence based on sexual orientation and gender identity; and restrictions on workers’ right of association. . (11) According to Freedom House’s Freedom in the World report of 2013 on Venezuela, Nicolás Maduro, further weakened the independent media, reduced the opposition’s ability to serve as a check on government policy, and made threats to civil society groups. . 4. Actions at the Organization of American States The Secretary of State shall direct the United States Permanent Representative to the Organization of American States to use the voice, vote, and influence of the United States at the Organization of American States to defend and protect the Inter-American Democratic Charter, and strengthen the independent Inter-American Commission on Human Rights to advance the protection of human rights throughout the Western Hemisphere, especially in Venezuela. 5. Imposition of sanctions on certain persons who are responsible for or complicit in human rights abuses committed against citizens of Venezuela or their family members (a) In general The President shall impose sanctions described in subsection (c) with respect to each person on the list required by subsection (b). (b) List of persons who are responsible for or complicit in certain human rights abuses (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of persons who are officials of the Government of Venezuela or persons acting on behalf of the Government of Venezuela, who the President determines, based on credible evidence, are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of Venezuela or their family members. (2) Updates of list The President shall transmit to the appropriate congressional committees an updated list under paragraph (1)— (A) not later than 180 days after the date of the enactment of this Act; and (B) as new information becomes available. (3) Public availability The list required under paragraph (1) shall be made available to the public and posted on the Web sites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations In preparing the list required under paragraph (1), the President may consider credible data already obtained by other countries and nongovernmental organizations, including organizations in Venezuela, that monitor the human rights abuses of the Government of Venezuela. (c) Sanctions described The sanctions described in this subsection are ineligibility for a visa to enter the United States and sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property, subject to such regulations as the President may prescribe, including regulatory exceptions to permit the United States to comply with 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 obligations. (d) Termination of sanctions The provisions of this section shall terminate on the date on which the President determines and certifies to the appropriate congressional committees that Venezuela has— (1) unconditionally released all political prisoners and opposition leaders; (2) ceased violence, unlawful detention, torture, and abuse of its citizens; (3) cooperated fully with an independent investigation into the killings, arrests, and abuse of peaceful political activists and prosecuted the individuals responsible for such killings, arrests, and abuse; and (4) ceased infringing on freedom of expression and attacking independent media. 6. Imposition of sanctions with respect to the transfer of goods or technologies to Venezuela that are likely to be used to commit human rights abuses (a) In general The President shall impose sanctions described in section 5(c) with respect to each person on the list required under subsection (b) of this section. (b) List (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of persons who the President determines have knowingly engaged in an activity described in paragraph (2) on or after such date of enactment. (2) Activity described (A) In general A person engages in an activity described in this paragraph if the person— (i) transfers, or facilitates the transfer of, goods or technologies described in subparagraph (C) to Venezuela, any entity organized under the laws of Venezuela, or any national of Venezuela, for use in or with respect to Venezuela; or (ii) provides services (including services relating to hardware, software, and specialized information, and professional consulting, engineering, and support services) with respect to goods or technologies described in subparagraph (C) after such goods or technologies are transferred to Venezuela. (B) Applicability to contracts and other agreements A person engages in an activity described in subparagraph (A) without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before, on, or after the date of the enactment of this Act. (C) Goods or technologies described Goods or technologies described in this subparagraph are goods or technologies that the President determines are likely to be used by the Government of Venezuela or any of the agencies or instrumentalities of the Government of Venezuela (or by any other person on behalf of the Government of Venezuela or any of such agencies or instrumentalities) to commit serious human rights abuses against the people of Venezuela, including— (i) firearms or ammunition (as such terms are defined in section 921 of title 18, United States Code), rubber bullets, police batons, pepper or chemical sprays, stun grenades, electroshock weapons, tear gas, water cannons, or surveillance technology; or (ii) sensitive technology (as defined in section 2(3)). (3) Special rule to allow for termination of sanctionable activity The President shall not be required to include a person on the list required under paragraph (1) if the President certifies in writing to the appropriate congressional committees that— (A) the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and (B) the President has received reliable assurances that such person will not knowingly engage in any activity described in such paragraph (2) in the future. (4) Updates of list The President shall transmit to the appropriate congressional committees an updated list under paragraph (1)— (A) not later than 180 days after the date of the enactment of this Act; and (B) as new information becomes available. (5) Form of list; public availability (A) Form The list required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability The unclassified portion of the list required under paragraph (1) shall be made available to the public and posted on the Web sites of the Department of the Treasury and the Department of State. 7. Imposition of sanctions with respect to persons who engage in censorship or other related activities against citizens of Venezuela (a) In general The President shall impose sanctions described in section 5(c) with respect to each person on the list required under subsection (b) of this section. (b) List of persons who engage in censorship (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of persons who the President determines have engaged in censorship or other activities with respect to Venezuela that— (A) prohibit, limit, or penalize the exercise of freedom of expression or assembly by citizens of Venezuela; or (B) limit access to print or broadcast media, including the facilitation or support of intentional frequency manipulation by the Government of Venezuela or an entity owned or controlled by the Government of Venezuela that would jam or restrict an international signal. (2) Updates of list The President shall transmit to the appropriate congressional committees an updated list under paragraph (1)— (A) not later than 180 days after the date of the enactment of this Act; and (B) as new information becomes available. (3) Form of list; public availability (A) Form The list required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability The unclassified portion of the list required under paragraph (1) shall be made available to the public and posted on the Web sites of the Department of the Treasury and the Department of State. 8. Statement of policy on reduction in importation of petroleum and petroleum products of Venezuelan origin (a) Findings Congress finds the following: (1) On May 24, 2011, the United States Government decided to impose sanctions on the state-owned oil company of Venezuela called Petroleos de Venezuela (PDVSA) under the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note), for delivering at least two cargoes of reformate to Iran between December 2010 and March 2011, worth approximately $50,000,000. (2) In 2012, Venezuela was the fourth largest foreign supplier of crude oil to the United States. (3) In 2012, the United States imported less barrels of total crude oil than in 2005. (4) According to the U.S. Energy Information Administration, the United States imported approximately 24,000 barrels per day from Venezuela in 2013, compared to 29,000 barrels per day in 2012, a 17 percent decrease, and imports from Venezuela have fallen by nearly half since 2004. (b) Statement of policy It should be the policy of the United States to reduce petroleum imports from Venezuela in order to prevent its leader Nicolás Maduro from using the profits from the sale of petroleum to fund his regime’s oppression and human rights violations against the people of Venezuela, and to continue the existing downward trend of petroleum imports from Venezuela. 9. Comprehensive strategy to promote Internet freedom and access to information Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with heads of other Federal departments and agencies, as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy to— (1) assist the people Venezuela to produce, access, and share information freely and safely via the Internet; (2) increase the capabilities and availability of secure mobile and other communications through connective technology among human rights and democracy activists in Venezuela; (3) provide resources for digital safety training for media and academic and civil society organizations in Venezuela; (4) increase emergency resources for the most vulnerable human rights advocates seeking to organize, share information, and support human rights in Venezuela; (5) expand surrogate radio, television, live stream, and social network communications inside Venezuela; (6) expand activities to safely assist and train human rights, civil society, and democracy activists in Venezuela to operate effectively and securely; (7) expand access to proxy servers for democracy activists in Venezuela; and (8) discourage telecommunications and software companies from facilitating Internet censorship by the Government of Venezuela. 10. Comprehensive strategy to ensure that Venezuela will uphold democratic principles Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a comprehensive strategy to ensure that the Government of Venezuela will uphold— (1) free, fair, and transparent elections— (A) conducted under the supervision of internationally recognized observers; and (B) in which— (i) opposition parties were permitted ample time to organize and campaign for such elections; and (ii) all candidates were permitted full access to the media; (2) are showing respect for the basic civil liberties and human rights of the citizens of Venezuela; (3) are substantially moving toward a market-oriented economic systems based on the right to own and enjoy property; (4) are committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and human rights by the citizens of Venezuela; and (5) have made demonstrable progress in establishing independent judiciaries and electoral councils. 11. Statement of policy on political prisoners It shall be the policy of the United States— (1) to support efforts to research and identify prisoners of conscience and cases of human rights abuses in Venezuela; (2) to offer refugee status or political asylum in the United States to political dissidents in Venezuela if requested and consistent with the laws and national security interests of the United States; (3) to offer to assist, through the United Nations High Commissioner for Refugees, with the relocation of such political prisoners to other countries if requested, as appropriate and with appropriate consideration for the national security interests of the United States; and (4) to publicly call for the release of Venezuelan country dissidents by name and raise awareness with respect to individual cases of Venezuelan country dissidents and prisoners of conscience, as appropriate and if requested by the dissidents or prisoners themselves or their families. 12. Support for civil society in Venezuela Of the amounts authorized to be appropriated for environmental programs in Ecuador by the United States Agency for International Development, $3,000,000 shall be made available for assistance to civil society in Venezuela.
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113-hr-4230
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I 113th CONGRESS 2d Session H. R. 4230 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Runyan (for himself and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To limit the retirement of KC–10 aircraft.
1. Limitation on retirement of KC–10 aircraft (a) Limitation None of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended to retire, prepare to retire, or place in storage any KC–10 aircraft until each of the following occurs: (1) The Secretary of the Air Force certifies to the congressional defense committees each of the following: (A) The four KC–46A test aircraft are all built and fully operational including their air refueling capability. (B) The initial 18 KC–46A aircraft have been delivered to the Air Force in a fully operational capacity by 2017. (C) The KC–46A aircraft has achieved full operational capability. (D) A sufficient number of KC–46A aircraft exists in the inventory of the Air Force to fully meet the air refueling and cargo support capability and mission requirements of the combatant commands. (2) The Comptroller General of the United States submits to the congressional defense committees a report setting forth the following: (A) An assessment whether each certification under paragraph (1) is comprehensive, fully supported, and sufficiently detailed. (B) An identification of any shortcomings, limitations, or other reportable matters that affect the quality or findings of any certification under paragraph (1). (b) Deadline for submission of comptroller general report The report of the Comptroller General under paragraph (2) of subsection (a) shall be submitted not later than 90 days after the date of the submission of the certification referred to in paragraph (1) of such subsection. (c) Congressional defense committees defined In this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
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113-hr-4231
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I 113th CONGRESS 2d Session H. R. 4231 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit United States assistance to the East-West Center.
1. Prohibition on United States assistance to the East-West Center No funds available to the Department of State or any other department or agency may be used to provide assistance to the Center for Cultural and Technical Interchange Between East and West (commonly known as the East-West Center).
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113-hr-4232
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I 113th CONGRESS 2d Session H. R. 4232 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Ms. Gabbard (for herself and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To clarify the cancellation of loans of members of the Armed Forces under the Federal Perkins Loan Program.
1. Short title This Act may be cited as the Veterans Higher Education Opportunity Act . 2. Cancellation of loans of members of the armed forces made from student loan funds Section 465(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087ee(a) ) is amended by adding at the end the following new paragraph: (8) For the purpose of this subsection, the term year of service where applied to service by a member of the Armed Forces described in paragraph (2)(D) means a qualified tour of duty that— (A) is for 6 months or longer; or (B) was less than 6 months because the member was discharged or released from active duty in the Armed Forces for an injury or disability incurred in or aggravated by service in the Armed Forces. .
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113-hr-4233
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I 113th CONGRESS 2d Session H. R. 4233 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Bishop of New York (for himself, Mr. Hurt , and Mr. Israel ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize the President to award the Medal of Honor posthumously to Lance Corporal Jordan C. Haerter and Corporal Jonathan Yale of the Marine Corps for acts of valor during Operation Iraqi Freedom in April 2008.
1. Authorization for award of the Medal of Honor to Lance Corporal Jordan C. Haerter and Corporal Jonathan Yale for acts of valor during Operation Iraqi Freedom (a) Waiver of time limitations Notwithstanding the time limitations specified in sections 6248 and 6250 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor posthumously under section 6241 of such title to Lance Corporal Jordan C. Haerter and Corporal Jonathan Yale of the Marine Corps for the acts of valor during Operation Iraqi Freedom described in subsection (b) for which they were originally awarded the Navy Cross. (b) Acts of Valor Described The acts of valor referred to in subsection (a) are the actions of Lance Corporal Jordan C. Haerter and Corporal Jonathan Yale on April 22, 2008, while serving as Riflemen, 3d Platoon, Weapons Company, First Battalion, Ninth Marines, Regimental Combat Team 1, I Marine Expeditionary Force (Forward) in support of Operation Iraqi Freedom, in defending a checkpoint in Ramadi, Iraq, from a suicide bomber driving a truck carrying a large quantity of explosives and, at the cost of their own lives, saving the lives of more than 50 Marines and Iraqi policemen.
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113-hr-4234
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I 113th CONGRESS 2d Session H. R. 4234 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Bucshon (for himself and Mr. David Scott of Georgia ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a pilot program to reduce the shortage of psychiatrists in the Veterans Health Administration of the Department of Veterans Affairs by offering competitive employment incentives to certain psychiatrists, and for other purposes.
1. Short title This Act may be cited as the Ensuring Veterans’ Resiliency Act . 2. Pilot program for repayment of educational loans for certain psychiatrists of Veterans Health Administration (a) Establishment The Secretary of Veterans Affairs shall carry out a pilot program to repay a loan of an individual described in subsection (b) that— (1) was used by the individual to finance education regarding psychiatric medicine, including education leading to an undergraduate degree and education leading to the degree of doctor of medicine or of doctor of osteopathy; and (2) was obtained from a governmental entity, private financial institution, school, or other authorized entity, as determined by the Secretary. (b) Eligible individuals To be eligible to obtain a loan repayment under this section, an individual shall— (1) either— (A) be licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (B) be enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (2) as determined appropriate by the Secretary, demonstrate a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, including by requiring a set number of years of obligated service. (c) Selection The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (d) Loan Repayments (1) Amounts Subject to the limits established by paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual described in subsection (b) for all educational expenses (including tuition, fees, books, and laboratory expenses) relating to a degree described in subsection (a)(1). (2) Limit For each year of obligated service that an individual agrees to serve in an agreement described in subsection (b)(2), the Secretary may pay not more than $60,000 on behalf of the individual. (e) Breach (1) Liability An individual who participates in the pilot program under subsection (a) who fails to satisfy the commitment described in subsection (b)(2) shall be liable to the United States, in lieu of any service obligation arising from such participation, for the amount which has been paid or is payable to or on behalf of the individual under the program, reduced by the proportion that the number of days served for completion of the service obligation bears to the total number of days in the period of obligated service of the individual. (2) Repayment period Any amount of damages which the United States is entitled to recover under this subsection shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement. (f) Prohibition on simultaneous eligibility An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual may not participate in the pilot program under subsection (a). (g) Report Not later than 90 days after the date on which the pilot program terminates under subsection (g), the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the pilot program. The report shall include the overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration, the long-term stability of such workforce, and overall workforce strategies of the Veterans Health Administration that seek to promote the physical and mental resiliency of all veterans. (h) Regulations The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. 3. Comptroller General study on pay disparities of psychiatrists of Veterans Health Administration (a) Study Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. The study shall include— (1) an examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to such disparities; and (2) recommendations with respect to legislative or regulatory actions to improve equity in pay among such psychiatrists. (b) Report Not later than one year after the date on which the Comptroller General completes the study under subsection (a), the Comptroller General shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report containing the results of the study.
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113-hr-4235
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I 113th CONGRESS 2d Session H. R. 4235 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mrs. Bustos (for herself and Mr. Braley of Iowa ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to remove the maximum payment amount for certain qualified losses under the Traumatic Injury Protection under the Servicemembers’ Group Life Insurance program.
1. Short title This Act may be cited as the Taylor Morris Act . 2. Removal of maximum payment amounts for certain qualified losses under Traumatic Injury Protection under Servicemembers' Group Life Insurance program Section 1980A(d) of title 38, United States Code, is amended— (1) in paragraph (1), by striking and the maximum payment and inserting and, except as provided by paragraph (3)(A), the maximum ; and (2) by adding at the end the following new paragraph: (3) (A) The maximum payment amount described in paragraph (1) shall not apply to a qualifying loss directly caused by a traumatic event described in subparagraph (B). The Secretary shall determine the payment schedule for such qualifying losses as the Secretary determines appropriate without regard to such maximum payment amount. (B) A traumatic event described in this subparagraph is one of the following: (i) Armed conflict. (ii) Training under conditions simulating armed conflict. (iii) Hazardous service. (iv) A traumatic event caused through an instrumentality of war. .
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113-hr-4236
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I 113th CONGRESS 2d Session H. R. 4236 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mrs. Davis of California introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Higher Education Act of 1965 and the Truth in Lending Act to clarify the application of prepayment amounts on student loans.
1. Short title This Act may be cited as the Student Loan Fair Prepayment Act . 2. Application of prepayment amounts for FFEL and Direct Loans Section 455(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(d) ) is amended by adding at the end the following new paragraph: (6) Application of prepayment amounts (A) Requirement Notwithstanding any other provision of this subsection or any other provision of law, with respect to loans made to an eligible borrower under this part or part B, which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, except as otherwise requested by the borrower in writing, apply the borrower’s prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans. (B) Eligible borrower (i) In general For purposes of this paragraph, the term eligible borrower means a borrower with no outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B. (ii) Prepayment amounts A prepayment amount (as described in subparagraph (A)) made by a borrower who is not an eligible borrower to a holder shall be applied first toward the borrower’s outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B held by such holder. (C) Exceptions This paragraph shall not apply to an income-based repayment plan under section 493C or an income contingent repayment plan under section 455(d)(1)(D), such as a Pay As You Earn repayment plan. . 3. Application of prepayment amounts for Perkins Loans Section 464(c)(1)(C) of the Higher Education Act of 1965 ( 20 U.S.C. 1087dd(c)(1)(C) ) is amended— (1) by striking and at the end of clause (i); (2) by adding at the end the following: (iii) shall provide that the institution shall, in the case of a borrower with no outstanding balance of fees (including collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period, use the excess to prepay (within the meaning of section 674.31(b)(4)(iv) of title 34, Code of Federal Regulations, or a successor regulation) the principal due on the loan with the highest applicable rate of interest among such loans, unless otherwise requested by the borrower in writing; and (iv) shall provide that the institution shall, in the case of a borrower with an outstanding balance of fees (such as collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period, first apply such excess toward such outstanding balance of fees; . 4. Application of prepayment amounts for private education loans Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) ) is amended by adding at the end the following: (12) Application of prepayment amounts (A) In general Notwithstanding any other provision of law, with respect to a borrower with more than one private education loan which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, except as otherwise requested by the borrower in writing, apply the borrower’s prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans. (B) Exception (i) In general Subparagraph (A) shall not apply to any prepayment amount made by a borrower to a holder if the borrower has an outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder. (ii) Prepayment amounts A prepayment amount (as described in subparagraph (A)) made by a borrower described in subparagraph (B) to a holder shall be applied first toward the borrower’s outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder. .
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113-hr-4237
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I 113th CONGRESS 2d Session H. R. 4237 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Duncan of Tennessee (for himself and Mr. Pascrell ) 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 volume cap for private activity bonds shall not apply to bonds for facilities for furnishing of water and sewage facilities.
1. Short title This Act may be cited as the Sustainable Water Infrastructure Investment Act of 2014 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Our Nation’s water and wastewater systems are among the best in the world, providing safe drinking water and sanitation to our citizens. (2) In addition to protecting the health of our citizens, community water systems are essential to our local economies, enabling industries to achieve growth and productivity that make America strong and prosperous. (3) Regulated under title XIV of the Public Health Service Act ( 42 U.S.C. 300f et seq. ; commonly known as the Safe Drinking Water Act ) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), community drinking water systems and wastewater collection and treatment facilities are critical elements in the Nation’s infrastructure. (4) Water and wastewater infrastructure is comprised of a mixture of old and new technology. In many local communities across the Nation, the old infrastructure has deteriorated to critical conditions and is very costly to replace. Recent government studies have estimated costs of $500,000,000,000 to $800,000,000,000 over the next 20 years for maintaining and improving the existing inventory, building new infrastructure, and meeting new water quality standards. (5) The historical approach of funding infrastructure is insufficient to meet the investment needs of the future. (6) The Federal partnership with State and local communities has played a pivotal role in improving the Nation’s water quality and drinking water supplies. Federal assistance under this partnership has been the linchpin of these improvements. (7) In light of constrained Federal budgets, the availability of exempt-facility financing represents an important financing tool to help close the gap between funds currently being invested and water infrastructure needs, preserving the Federal partnership. (8) Providing alternative financing solutions, such as tax-exempt securities, encourages investment in water and wastewater infrastructure that in turn creates local jobs and protects the health of our citizens. (9) Federally mandated State volume cap restrictions in conjunction with other priorities have limited the use of tax-exempt securities on water and wastewater infrastructure investment. (10) Removal of State volume caps for water and wastewater infrastructure will accelerate and increase overall investment in the Nation’s critical water infrastructure; facilitate increased use of innovative infrastructure delivery methods supporting sustainable water systems through public-private partnerships that optimize design, financing, construction, and long-term management, maintenance and viability; and provide for more effective risk management of complex water infrastructure projects by municipal utility and private sector partners. (b) Purpose The purpose of this Act is to provide alternative financing for long-term infrastructure capital investment programs, and to restore the Nation’s safe drinking water and wastewater infrastructure capability and protect the health of our citizens. 3. Exempt-facility bonds for sewage and water supply facilities (a) Bonds for water and sewage facilities exempt from volume cap on private activity bonds Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 is amended by inserting (4), (5), after (2), . (b) Conforming change Paragraphs (2) and (3)(B) of section 146(k) of the Internal Revenue Code of 1986 are both amended by striking (4), (5), (6), and inserting (6) . (c) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.
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113-hr-4238
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I 113th CONGRESS 2d Session H. R. 4238 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Harris introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for requirements for employers of H–2B nonimmigrants, and for other purposes.
1. H–2B numerical limitations (a) In general Section 214(g)(9)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(9)(A) ) is amended to read as follows: (A) (i) Except as provided in clause (ii), and subject to subparagraphs (B) and (C), an alien who has already been counted toward the numerical limitation of paragraph (1)(B) shall not again be counted toward such limitation. Such an alien shall be considered a returning worker. (ii) An alien who has already been counted toward the numerical limitation of paragraph (1)(B) shall again be counted toward such limitation if such alien departs the United States for a period of time that is greater than one year, and has not been counted toward such limitation in any of the 3 years prior to such departure. . (b) Effective date The amendment made by subsection (a) shall take effect as if enacted on January 1, 2013. 2. Additional requirements for H–2B nonimmigrant employers (a) In general Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq. ) is amended by inserting after section 218 the following: 218A. Requirements for H–2B employers (a) Petition process (1) In general An employer who seeks to employ an H–2B nonimmigrant shall submit a petition to the Secretary of Homeland Security in accordance with this subsection. (2) Contents A petition submitted under paragraph (1) shall include each of the following: (A) The number of named and unnamed H–2B nonimmigrants the employer is seeking to employ during the applicable period of employment, and the anticipated dates of entry (which may be staggered). (B) The geographic area of intended employment for the H–2B nonimmigrants, except that for itinerant industries that do not operate in a single fixed-site location, an employer may provide a list of anticipated work locations, which— (i) may include an anticipated itinerary; and (ii) may be subsequently amended by the employer, with notice to the Secretary of Homeland Security. (C) The anticipated period during which such employees will be needed, including expected beginning and ending dates. (D) The written disclosure of employment terms and conditions which will be provided to the proposed H–2B nonimmigrant beneficiary of the petition before the date on which the H–2B nonimmigrant files a visa application. (E) Evidence that the employer made efforts to recruit available, qualified, willing, and able United States workers for any position for which the employer seeks an H–2B nonimmigrant worker, which the employer shall be deemed to have satisfied if the employer— (i) not later than 60 days before the employer’s date of need for an H–2B nonimmigrant, submits the written disclosure of employment terms and conditions for such worker to the local office of the State workforce agency where the job is located, or in the case of an itinerant employer, where the job is to begin, and authorizes the posting of the written disclosure on the appropriate Department of Labor Electronic Job Registry for a period of 45 days, except that nothing in this clause shall require the employer to file an interstate job order under section 653, of title 20, Code of Federal Regulations; and (ii) keeps a record of all eligible, able, willing, and qualified United States workers who apply for employment with the employer for the job for which an H–2B nonimmigrant is sought. (3) Review (A) In general The Secretary of Homeland Security shall establish a procedure to process petitions filed under this subsection, and shall review each petition submitted by an employer under this subsection for completeness or obvious inaccuracies. (B) Acceptance of petitions Not later than 7 days after an employer files a petition, the Secretary of Homeland Security shall— (i) accept the petition unless the Secretary determines that the petition is incomplete or obviously inaccurate; (ii) submit to the petitioner notice of acceptance or non-acceptance of the petition using electronic or other means assuring expedited delivery; and (iii) in the case of an accepted petition, submit to the United States consulate notice of acceptance of the petition using electronic or other means assuring expedited delivery, if the petitioner has indicated that the alien beneficiary or beneficiaries will apply for a visa to the United States at such consulate. (4) Number of positions not reduced by hiring United States worker The Secretary of Homeland Security may not reduce the number of positions that the Secretary accepts for an employer pursuant to a petition under this subsection because the employer hires a United States worker before date on which the employer indicated it needed workers on the petition the employer submitted under this subsection. (b) Transportation costs (1) Transportation to the place of employment Not later than the date on which an H–2B nonimmigrant completes 50 percent of the work period set forth in the petition, an employer who hires an H–2B nonimmigrant shall reimburse the H–2B nonimmigrant for the cost of transportation of the most economic and reasonable common carrier, including documented and reasonable subsistence costs during the period of travel, for that H–2B nonimmigrant, from the United States consulate issuing the visa to the H–2B nonimmigrant or previous worksite in the United States, if any, to the place of such nonimmigrant’s employment, unless the H–2B nonimmigrant has been so reimbursed by another employer. (2) Transportation from the place of employment If an H–2B nonimmigrant completes the work period set forth in the petition, and is not traveling to another worksite in the United States, not later than the time the H–2B nonimmigrant departs from the worksite, the employer who hired an H–2B nonimmigrant for that work period shall pay for the cost of transportation of the most economic and reasonable common carrier, including an allowance for reasonable subsistence costs during the period of travel, for that H–2B nonimmigrant, from the place of employment to the United States consulate that issued the visa to the H–2B nonimmigrant. (c) No displacement of United States workers (1) In general An employer may not displace a United States worker employed by the employer, other than for good cause, during the period of employment of the H–2B nonimmigrant and for a period of 30 days preceding such period in the occupation and at the location of employment for which the employer seeks to employ an H–2B nonimmigrant. (2) Labor dispute An employer may not employ an H–2B nonimmigrant for a specific job for which the employer is requesting an H–2B nonimmigrant because the former occupant of the job is on strike or being locked out in the course of a labor dispute. (d) Wages The wages to be paid to H–2B nonimmigrants shall be the greater of— (1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) the prevailing wage level for the occupational classification of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available at the time of filing the petition. (e) Housing An employer is not required to provide housing or a housing allowance to an H–2B nonimmigrant employee. If an employer does provide housing or a housing allowance to an H–2B nonimmigrant employee, the employer may take a wage deduction or credit in an amount that is equal to the fair value of such housing in accordance with the Fair Labor Standards Act of 1938. (f) Incentive for an employer To report an absconding H–2B nonimmigrant employee If an H–2B nonimmigrant terminates employment prior to the end of the work period set forth in the job order, and the employer provides timely notice of this termination to the Secretary of Homeland Security, the Secretary of Homeland Security shall promptly notify the Secretary of State, and the Secretary of State shall make available to the employer one additional visa for each such terminating nonimmigrant in order for the employer to hire a replacement H–2B nonimmigrant for the same job opportunity without filing an additional petition. (g) Definitions In this section, the following definitions apply: (1) The term H–2B nonimmigrant means an alien admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B). (2) The term United States worker means an employee who— (A) is a citizen or national of the United States; (B) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207 of this title, is granted asylum under section 208, or is an immigrant otherwise authorized, by this Act or by the Secretary of Homeland Security, to be employed; or (C) an individual who is not an unauthorized alien (as defined in section 274A(h)(3)) with respect to the proposed occupation of the H–2B nonimmigrant. (3) The term best information available , with respect to determining the prevailing wage for a position, means— (A) a controlling collective bargaining agreement, where the employer is a signatory to a collective bargaining agreement that sets wages for work performed by H–2B nonimmigrants; (B) if there is no controlling collective bargaining agreement as set forth in subparagraph (A), the local, State, or Federal prevailing wage laws or ordinances, for any time period during which the H–2B nonimmigrant performs work on a project for which payment of such wages is required by such laws or ordinances, and the employer has signed a contract agreeing to pay such wages on that project; or (C) if there is no controlling collective bargaining agreement as set forth in subparagraph (A) and the H–2B nonimmigrant is not performing work governed by a prevailing wage law or ordinance as set forth in subparagraph (B)— (i) the wage level commensurate with the experience, training, and supervision required for the job based on Bureau of Labor Statistics data; or (ii) a legitimate private wage survey of the wages paid for such positions in the geographic area in which the H–2B nonimmigrant will be employed. (4) The term legitimate private wage survey means, in the case of a petition under subsection (a), a survey of wages by an entity other than the Federal Government where— (A) the data has been collected during the 2-year period immediately preceding the date of the petition; (B) if a published survey, the survey has been published during the 2-year period immediately preceding the date of the petition; (C) the employer job description is similar to the survey job description; (D) the survey is across industries that employ workers in the occupation; (E) the wage determination is based on a weighted or straight average of the relevant wages or the median of relevant wage levels; and (F) the survey identifies a statistically valid methodology that was used to collect the data. (h) Rule of construction The benefits and wages provided to an H–2B nonimmigrant, the services an H–2B nonimmigrant provides to the employer, the employment opportunities afforded to an H–2B nonimmigrant by the employer, including those employment opportunities that require a United States worker or an H–2B nonimmigrant to travel or relocate in order to accept or perform employment, and other terms or conditions of the employment of an H–2B nonimmigrant provided for under this section are for the mutual benefit of the H–2B nonimmigrant and the employer. (i) Exclusive rulemaking authority The Secretary of Homeland Security shall have the exclusive authority to make rules to implement this section. . (b) Clerical amendment The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 218 the following: 218A. Requirements for H–2B Nonimmigrant Employers. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4238ih/xml/BILLS-113hr4238ih.xml
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113-hr-4239
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I 113th CONGRESS 2d Session H. R. 4239 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Huffman (for himself, Mr. George Miller of California , Mr. Garamendi , Mr. DeFazio , Mr. Thompson of California , Mrs. Napolitano , Mr. McNerney , Ms. Matsui , Ms. Eshoo , Mr. Farr , Ms. Speier , Mr. Bera of California , Mr. Vargas , Mr. Lowenthal , Mr. Peters of California , Mr. Swalwell of California , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Transportation and Infrastructure , the Budget , Agriculture , Energy and Commerce , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide drought assistance to the State of California and other affected western States.
1. Findings Congress finds the following: (1) As established in the Proclamation of a State of Emergency issued by the Governor of the State of California on January 17, 2014, California is experiencing record dry conditions. Extremely dry conditions have persisted since 2012, 2014 is projected to become the driest year on record, and such dry conditions are likely to persist beyond this year and more regularly into the future. (2) The water supplies of the State of California are at record-low levels, as indicated by a statewide average snowpack of 12 percent of the normal average for winter as of February 1, 2014. (3) The 2014 drought constitutes a serious emergency posing immediate and severe risks to human life and safety and to the environment throughout northern, central, and southern California. (4) Federal law and implementing regulations directly authorize expedited decisionmaking procedures and environmental and public review procedures to enable timely and appropriate implementation of actions to respond to this type and severity of emergency. (5) The emergency requires an immediate and credible response that respects State, local, and tribal law. That the policies that respond to the drought should not pit region against region, or stakeholders against one another. (6) It is the policy of the United States to respect California's coequal goals, established by the Delta Reform Act of 2009, of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. These coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place. 2. Definitions In this Act: (1) Central valley project The term Central Valley Project has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. 4707). (2) Klamath project The term Klamath Project means the Bureau of Reclamation project in the States of California and Oregon— (A) as authorized under the Act of June 17, 1902 (32 Stat. 388, chapter 1093); and (B) as described in— (i) title II of the Oregon Resource Conservation Act of 1996 ( Public Law 104–208 ; 110 Stat. 3009–532); and (ii) the Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 ; 114 Stat. 2221). (3) Reclamation project The term Reclamation Project means a project constructed pursuant to the authorities of the reclamation laws and whose facilities are wholly or partially located in the State. (4) Secretaries The term Secretaries means— (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce; and (C) the Secretary of the Interior. (5) State The term State means the State of California, and any other State where the Governor declares a State of drought emergency in calendar year 2014. (6) State water project The term State Water Project means the water project described by California Water Code section 11550 et seq., and operated by the California Department of Water Resources. 3. Emergency projects (a) In general In response to the declaration of a state of drought emergency by the Governor of the State, the Secretaries shall provide the maximum quantity of water supplies possible to Central Valley Project and Klamath Project agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project contractors, and any other locality or municipality in the State consistent with existing law, including among other things applicable laws and regulations, water quality standards, biological opinions, and court orders. (b) Mandate In carrying out subsection (a), the applicable agency heads described in that subsection shall, consistent with existing law, including among other things applicable laws and regulations, water quality standards, biological opinions, and court orders— (1) authorize and implement actions to provide for real time operations of the Delta Cross Channel Gates, with operations determined by the California State Water Resources Control Board, National Marine Fisheries Service, and California Department of Fish and Wildlife to provide water supply, water quality, and ecosystem benefits for the duration of the State's drought emergency declaration; (2) collect data associated with the operation of the Delta Cross Channel Gates described in paragraph (1) and its impact on species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), water quality, and water supply; (3) implement turbidity monitoring and control strategies that may allow for increased water deliveries while avoiding potential jeopardy to adult delta smelt (Hypomesus transpacificus) due to entrainment at Central Valley Project and State Water Project pumping plants; (4) implement the San Joaquin River inflow to export ratio called for in the biological opinion issued by the National Marine Fisheries Service on June 4, 2009, including the drought provisions of that biological opinion. If inflows from the San Joaquin River as measured at Vernalis fall below the level that would permit exports to meet public health and safety needs, exports may exceed the ratio, consistent with the biological opinion; (5) allow North of Delta water service contractors with unused 2013 Central Valley Project contract supplies to take delivery of those unused supplies through April 15, 2014, if— (A) the contractor requests the extension; and (B) the requesting contractor certifies that, without the extension, the contractor would have insufficient supplies to adequately meet water delivery obligations; (6) maintain all rescheduled water supplies held in the San Luis Reservoir and Millerton Reservoir for all water users for delivery in the immediately following contract water year unless precluded by reservoir storage capacity limitations; (7) to the maximum extent possible based on the availability of water and without causing land subsidence— (A) meet the contract water supply needs of Central Valley Project refuges through the improvement or installation of wells to use ground water resources of suitable water quality, which activities may be accomplished by using funding made available under section 4 of this Act or the Water Assistance Program of the WaterSMART program of the Department of the Interior; (B) make a quantity of Central Valley Project surface water obtained from the measures implemented under subparagraph (A) available to Central Valley Project contractors; and (C) to assist in meeting incremental Level 4 needs of CVP refuges, purchase water from willing sellers using funding made available under section 4 of this Act or the Water Assistance Program or the WaterSMART program of the Department of the Interior; (8) make WaterSMART grant funding administered by the Bureau of Reclamation available for eligible projects within the State on a priority and expedited basis— (A) to provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet public health and safety needs; (B) to reduce water demand on irrigated lands; (C) to minimize economic losses resulting from drought conditions; and (D) to provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits; (9) require the Commissioner of Reclamation, in conjunction with the chief of the Natural Resources Conservation Service, to identify projects in the State that do not need Federal or State permitting which can maximize water use efficiencies, prioritized by the cost effectiveness of the efficiencies gained, to inform the funding provided under subsection (3)(b)(10); (10) for reserve works only, authorize any annual operation and maintenance deficits owed to the Federal Government and incurred due to delivery of contract water supplies to a Central Valley Project or Klamath Project agricultural or municipal water service contractor during each fiscal year the State emergency drought declaration is in force, to be repaid to the Federal Government over a period of not less than 3 years at the project interest rate, notwithstanding section 106 of Public Law 99–546 (100 Stat. 3052); (11) issue proposed rules to update stormwater regulations for urban (municipal) and suburban runoff sources, including strong green infrastructure-based requirements for retention of stormwater runoff; (12) approve petitions requesting the EPA to use its residual designation authority to require commercial, industrial, and institutional land uses to control runoff that contributes pollution to rivers, lakes, and beaches; (13) issue guidance on use of rainwater capture, including technical guidance on treatment needs and options for different end uses, to better promote use of rainwater capture and on-site reuse; and (14) implement authorized proposals to upgrade or replace hydropower turbines that improve cold water fish habitat at Central Valley Project facilities. (c) Other agencies To the extent that they have any role in approving projects to increase water supply projects under subsections (a) and (b), the provisions of this section shall apply to all other Federal agencies. (d) Accelerated project decision and elevation (1) In general Upon the request of the State, the heads of Federal agencies shall use the expedited procedures under this subsection to make final decisions relating to a Federal project to provide additional water supplies pursuant to subsections (a) and (b), consistent with existing law, including among other things applicable laws and regulations, water quality standards, biological opinions, court orders, and section 7 of this Act. (2) Request for resolution Upon the request of the State, the head of an agency referred to in subsection (a) or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. (3) Decision (A) The Secretary of the Interior shall hold a meeting requested under this subsection within 7 days of receiving the meeting request; and (B) the head of the relevant Federal agency shall issue a final decision on the project within 10 days of the meeting request. (4) Notification Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. (5) Convention by secretary The Secretary may convene a final project decision meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under paragraph (2). (e) Termination of authority The authority under this section expires on the date on which the Governor of the State suspends the state of drought emergency declaration or the end of 2016, whichever is earlier. 4. Emergency appropriations (a) Appropriation There is hereby appropriated for fiscal year 2014, out of any money in the Treasury not otherwise appropriated, a total amount of $255,000,000, to remain available until the end of the period during which the State's emergency drought designation is in effect, to be allocated among the following purposes: (1) For Department of the Interior—Bureau of Reclamation—Water and Related Resources for eligible projects within the State, on a priority and expedited basis, that— (A) create drought-tolerant water supplies by implementing water reclamation and reuse projects authorized under title XVI of Public Law 102–575 ; and (B) optimize and conserve water supplies through the WaterSMART program, including— (i) by replacing water consuming products or functions with waterless devices or technologies that perform the same function; and (ii) by installing districtwide or on-farm water efficiency and conservation technologies, including behavioral water efficiency, system modernizations including leak repair and SCADA systems, and other technologies that have been proven to provide improvements in water use efficiency through the verification of a third party; and (iii) water efficiency projects for managed wetlands to improve water conveyance infrastructure, level ponds to reduce the amount of water required to flood them, or install water recirculation systems. (2) For assistance under the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.) and any other applicable Federal law (including regulations) for the optimization and conservation of water supplies to assist drought-plagued areas of the West. Such assistance may include— (A) the installation of ground water wells as requested by the managers of wildlife refuges; (B) the purchase or assistance in the purchase of water from willing sellers; (C) conservation projects providing water supply benefits in the short term and reducing demand in the long term; (D) exchanges with any water districts willing to provide water to meet other districts’ emergency water needs in return for the future delivery of equivalent amounts of water in the same year or in future years; (E) maintenance of cover crops to prevent public health impacts from severe dust storms; (F) emergency pumping projects for critical health and safety purposes; (G) the use of new or innovative water on-farm conservation technologies or methods that may assist in sustaining permanent crops in areas with severe water shortages; (H) technical assistance to improve existing irrigation practices to provide water supply benefits; and (I) activities to mitigate the impacts of the drought and this Act on threatened and endangered fish and wildlife. (3) For Department of Agriculture—Rural Utilities Service—Rural Water and Waste Disposal Program Account , not less than $5,000,000 for the cost of direct and guaranteed loans and grants for the rural water, wastewater, and waste disposal programs authorized by sections 306 and 310B or described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act within the State. (4) For Environmental Protection Agency—State and Tribal Assistance Grants — (A) not less than $30,000,000 for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) within the State; and (B) not less than $15,000,000 for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ) within the State. (5) For Department of Justice—Drug Enforcement Administration , not less than $3,000,000 for the Domestic Cannabis Eradication and Suppression Program to assist State or local law enforcement agencies in the suppression of cannabis operations that are conducted on public lands or that intentionally trespass on the property of another that also divert, redirect, obstruct, drain, or impound water supply. (6) For Land and Water Conservation Fund , not less than $50,000,000 shall be provided to the Department of the Interior and U.S. Forest Service for the implementation of projects under the Land and Water Conservation Fund Act of 1965 in drought-affected States that reduce fire risk, improve water quality or downstream water quantity, or expand ground water recharge capacity. (b) Emergency designation The amount under this section is designated by Congress as being for emergency requirements pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(A)(i) ). 5. Drought planning assistance (a) In general The Secretary of Agriculture, acting through the Natural Resources Conservation Service, shall provide water supply planning assistance in preparation for and in response to dry, critically dry, and below normal water year types to any water agency in the State who has requested it. (b) Types of assistance Assistance under subsection (a) shall include— (1) hydrological forecasting; (2) assessment of water supply sources under different water year classification types; (3) identification of alternative water supply sources; (4) guidance on potential water transfer partners; (5) technical assistance regarding Federal and State permits and contracts under the Act of February 21, 1911 (36 Stat. 925, chapter 141) (commonly known as the Warren Act ); (6) installation of districtwide or on-farm water efficiency and conservation technologies, including behavioral water efficiency, system modernizations including leak repair and SCADA systems, and other technologies that have been proven to provide improvements in water use efficiency through the verification of a third party; (7) technical assistance regarding emergency provision of water supplies for critical health and safety purposes; and (8) activities carried out in conjunction with the National Oceanic and Atmospheric Administration, the National Integrated Drought Information System, and the State partners of the National Integrated Drought Information System under the National Integrated Drought Information System Act of 2006 ( 15 U.S.C. 313d )— (A) to collect and integrate key indicators of drought severity and impacts; and (B) to produce and communicate timely monitoring and forecast information to local and regional communities, including the San Joaquin Valley, the Delta, the Central Coast, the Klamath River Basin, and the Trinity River Basin. 6. Fisheries disaster declaration (a) In general The Secretary of Commerce shall treat the Proclamation of a State Emergency and associated Executive order issued by the Governor of California on January 17, 2014, as a request for the Secretary to determine under sections 312(a) and 315 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a) and 1864) that there is a commercial fisheries failure and catastrophic regional fishery disaster, respectively, for fisheries that originate in the State of California. (b) Sense of congress It is the sense of the Congress that if the drought conditions continue as projected and negatively impact the fisheries originating in the State of California, and the communities and industries that depend on them, then the Secretary— (1) should look favorably upon such request; and (2) should immediately propose regulations to provide disaster assistance, funds, and other assistance under, and otherwise implement, such sections with respect to such request, to ensure timely relief for impacted parties. 7. Emergency environmental reviews To minimize the time spent carrying out environmental reviews and to deliver water quickly that is needed to address emergency drought conditions in the State, if necessary, the head of each applicable Federal agency shall, in carrying out this Act, consult with the Council on Environmental Quality in accordance with section 1506.11 of title 40, Code of Federal Regulations (including successor regulations) to develop alternative arrangements to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) during the emergency. 8. State revolving funds The Administrator of the Environmental Protection Agency, in allocating amounts for each of the fiscal years during which the State's emergency drought declaration is in force to State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and the State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12), shall, for those projects that are eligible to receive assistance under section 603 of the Federal Water Pollution Control Act ( 33 U.S.C. 1383 ) or section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)), respectively, that the State determines will provide additional water supplies most expeditiously to areas that are at risk of having an inadequate supply of water for public health and safety purposes or to improve resiliency to drought— (1) require the State to review and prioritize funding for such projects; (2) issue a determination of waivers within 30 days of the conclusion of the informal public comment period pursuant to section 436(c) of title IV of division G of Public Law 113–76; and (3) authorize, at the request of the State, 40-year financing for assistance under section 603(d)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(d)(2) ) or section 1452(f)(2) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(f)(2) ). 9. Forecasted (a) Short title This section may be cited as the Fixing Operations of Reservoirs to Encompass Climatic and Atmospheric Science Trends for Emergency Droughts Act or the FORECASTED Act . (b) Review of reservoir operations (1) In general Except as specified in subsection (c), not later than 1 year after a request of a non-Federal sponsor of a reservoir, the Secretary of the Army, in consultation with the Administrator of the National Oceanic and Atmospheric Administration (NOAA), shall review its operation, including the water control manual and rule curves, using improved weather forecasts and run-off forecasting methods, including the Advanced Hydrologic Prediction System of the National Weather Service and the Hydrometeorology Testbed program of NOAA. (2) Description of benefits In conducting the review under subsection (a), the Secretary shall determine if a change in operations, including the use of improved weather forecasts and run-off forecasting methods, will improve one or more of the core functions of the Army Corps of Engineers, including— (A) reducing risks to human life, public safety, and property; (B) reducing the need for future disaster relief; (C) improving local water storage capability and reliability in coordination with the non-Federal sponsor and other water users; (D) restoring, protecting, or mitigating the impacts of a water resources development project on the environment; or (E) improving fish species habitat or population within the boundaries and downstream of a water resources project. (3) Results reported Not later than 90 days after completion of the review under this section, the Secretary shall submit a report to Congress regarding the results of such review. (4) Manual update As expeditiously as practicable and not later than 3 years after submission of the report under subsection (c), and pursuant to the procedures required under existing authorities, if the Secretary determines from the results of the review that using improved weather and run-off forecasting methods improves one or more core functions of the Army Corps of Engineers at a reservoir, the Secretary shall incorporate such changes in its operation and update the water control manual. (c) Emergency projects (1) In general Upon the declaration by the Governor of a State declaring a drought emergency, the Secretary of the Army in implementing this Act shall use no more than 90 days in complying with all provisions of this Act, including subsection (b)(1) and subsection (b)(4), and shall make use of the emergency provisions of the Council on Environmental Quality guidelines under part 1506.11 of title 40 of the Code of Federal Regulations in complying with the National Environmental Policy Act to minimize time spent in environmental reviews to the greatest extent possible in order to deliver water quickly that is necessary to address emergency drought conditions. (2) Termination of authority Authority under this subsection shall terminate on the date on which the Governor of the State referred to in subsection (a) suspends the drought emergency declaration. 10. Compliance with state law regarding ground water monitoring and agricultural water management planning (a) Ground water monitoring None of the funds made available in this Act to any water program within the State of California may be made available to an entity if such entity is not in compliance with the provisions of the State of California's Statewide Groundwater Elevation Monitoring program authorized by SBX7–6, enacted in November 2009. (b) Agricultural water management planning None of the funds made available in this Act to any water program within the State of California may be made available to any Central Valley Project irrigation contractor if such entity does not meet agricultural water management planning requirements established by SBX7–7, enacted in November 2009. 11. Emergency supplemental agriculture disaster appropriations (a) Funding (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture (referred to in this section as the Secretary ) for the emergency conservation program established under title IV of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2201 et seq. ) and the emergency watershed protection program established under section 403 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2203 ) $100,000,000, to remain available until the end of the period during which the State's emergency drought designation is in effect, to be divided among each applicable program as the Secretary determines to be appropriate— (A) to provide to agricultural producers and other eligible entities affected by the 2014 drought assistance upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ) or for the same purposes for counties that are contiguous to a designated natural disaster area; and (B) to carry out any other activities the Secretary determines necessary as a result of the 2014 drought, such as activities relating to wildfire damage. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (b) Emergency assistance program for livestock, honeybees, and farm-Raised fish Notwithstanding any other applicable limitations under law, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to carry out the emergency assistance program for livestock, honeybees, and farm-raised fish under section 531(e) of the Federal Crop Insurance Act (7 U.S.C. 1531(e)) for each fiscal year during the period in which the State's emergency drought designation is in effect, to provide assistance to agricultural producers for losses due to drought. (c) FEMA predisaster hazard mitigation grants (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator of the Federal Emergency Management Agency $25,000,000 for fiscal year 2014, to remain available until the end of the period during which the State's emergency drought designation is in effect, for mitigation activities related to drought and wildfire hazards. (2) Receipt and acceptance The Administrator of the Federal Emergency Management Agency shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (d) Emergency community water assistance grants (1) In general Notwithstanding any other provision of law— (A) as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014, to remain available until the end of the period during which the State's emergency drought designation is in effect, to provide emergency community water assistance grants under section 306A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926a ) to address impacts of drought; (B) the maximum amount of a grant provided under subparagraph (A) for fiscal year 2014 shall be $1,000,000; and (C) for fiscal year 2014, a community whose population is less than 50,000 shall be eligible for a grant under this paragraph. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (e) Office of the Inspector General (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Inspector General of the Department of Agriculture $2,000,000 for fiscal year 2014, to remain available until the end of the period during which the State's emergency drought designation is in effect, for oversight of activities carried out by the Department relating to drought. (2) Receipt and acceptance The Inspector General of the Department of Agriculture shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (f) Emergency grants To assist low-Income migrant and seasonal farmworkers (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014, to remain available until the end of the period during which the State's emergency drought designation is in effect, to provide emergency grants to assist low-income migrant and seasonal farmworkers under section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 42 U.S.C. 5177a ) to address impacts of drought upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ) or for the same purposes in counties that are contiguous to a designated natural disaster area. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (g) Emergency forest restoration program (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014, to remain available until the end of the period during which the State's emergency drought designation is in effect, for the Emergency Forest Restoration Program under section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ) to address impacts of drought or wildfire upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ) or for the same purposes in counties that are contiguous to a designated natural disaster area. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. 12. Illegal water diversion for marijuana cultivation (a) Determination Not later than 90 days after the date of enactment of this Act, the Director of the Office of National Drug Control Policy, in collaboration with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall determine the amount of water diverted for marijuana cultivation in each of the high intensity drug trafficking areas (as designated under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1706 )) within the State of California. (b) Environmental protection agency requirement Using existing funds, the Administrator of the Environmental Protection Agency shall assign 1 additional member of the Criminal Investigation Division of the Environmental Protection Agency to each of the 3 high intensity drug trafficking areas determined under subsection (a) to have the largest amount of water diverted for marijuana cultivation within the State of California. 13. Effect on state laws Nothing in this Act preempts any State law, including area of origin and other water rights protections. 14. Effect on native water and fishing rights Nothing in this Act is intended to in any way diminish the water, fishing, or other rights of Indian tribes as confirmed by treaty, Executive order, water rights settlement, or other judicial, administrative, or legislative authority, or to diminish the obligations of the Secretary of the Interior on behalf of the United States to assert and protect such rights. 15. Treatment of drought under the Robert T. Stafford disaster relief and emergency assistance act (a) Findings Congress finds that— (1) the term major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) includes drought, yet no drought in the 30 years preceding the date of enactment of this Act has been declared by the President to be a major disaster in any of the States in accordance with section 401 of that Act ( 42 U.S.C. 5170 ); (2) a major drought shall be eligible to be declared a major disaster or state of emergency by the President on the request of the Governor of any State; (3) droughts are natural disasters that do occur, and while of a different type of impact, the scale of the impact of a major drought can be equivalent to other disasters that have been declared by the President to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (4) droughts have wide-ranging and long-term impacts on ecosystem health, agriculture production, permanent crops, forests, waterways, air quality, public health, wildlife, employment, communities, State and national parks, and other natural resources of a State and the people of that State that have significant value. (b) Amendment Section 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is amended— (1) in paragraph (7), by striking and ; (2) in paragraph (8), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (9) provide disaster unemployment assistance in accordance with section 410; (10) provide emergency nutrition assistance in accordance with section 412; and (11) provide crisis counseling assistance in accordance with section 416. . 16. Klamath basin water supply The Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 ; 114 Stat. 2221) is amended— (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: 4. Water management and planning activities The Secretary is authorized to engage in activities, including entering into agreements and contracts or otherwise making financial assistance available, to reduce water consumption or demand, or to restore ecosystems in the Klamath Basin watershed, including tribal fishery resources held in trust, consistent with collaborative agreements for environmental restoration and settlements of water rights claims. . 17. Drought preparedness for fisheries (a) Salmon drought plan Not later than January 1, 2016, the United States Fish and Wildlife Service shall, in consultation with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, and the California Department of Fish and Wildlife, prepare a California salmon drought plan. The plan shall investigate options to protect salmon populations originating in the State of California, contribute to the recovery of populations listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), and contribute to the goals of the Central Valley Project Improvement Act (Public Law 102–575). The plan shall focus on actions that can aid salmon populations during the driest years. Strategies investigated shall include— (1) relocating the release location and timing of hatchery fish to avoid predation and temperature impacts; (2) barging of hatchery release fish to improve survival and reduce straying; (3) coordinating with water users, the Bureau of Reclamation, and the California Department of Water Resources regarding voluntary water transfers, to determine if water released upstream to meet the needs of downstream or South-of-Delta water users can be managed in a way that provides additional benefits for salmon; (4) hatchery management modifications, such as expanding hatchery production of listed fish during the driest years, if appropriate; and (5) increasing rescue operations of upstream migrating fish. (b) Appropriation There is hereby appropriated for fiscal year 2014, out of any funds in the Treasury not otherwise appropriated, a total amount of $3,000,000, to remain available until the end of the period during which the State's emergency drought designation is in effect, for the United States Fish and Wildlife Service for urgent fish, stream, and hatchery activities related to extreme drought conditions, including work with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, the California Department of Fish and Wildlife, or a qualified tribal government. (c) Qualified tribal government definition For the purposes of this section, the term qualified tribal government means any government of an Indian tribe that the Secretary of the Interior determines— (1) is involved in salmon management and recovery activities under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (2) has the management and organizational capability to maximize the benefits of assistance provided under this section. 18. Water storage-Integrated regional water management, reclamation, and recycling projects Subtitle F of title IX of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10361 et seq. ) is amended by adding at the end the following: 9511. Water storage-Integrated regional water management, reclamation, and recycling projects (a) In general The Secretary is authorized to enter into cost-shared financial assistance agreements with non-Federal entities in Reclamation States and Hawaii for the planning, design, and construction of permanent water storage and conveyance facilities used solely to regulate and maximize water supplies arising from projects deemed eligible for assistance under this Act or authorized under any other provision of law to— (1) recycle impaired surface water and ground water; or (2) use integrated and coordinated water management on a watershed or regional scale. (b) Priority In providing financial assistance under this section, the Secretary shall give priority to storage and conveyance components that— (1) ensure the efficient and beneficial use of water or reuse of the recycled water; (2) consistent with Secretarial Order No. 3297 issued by the Secretary of the Interior on February 22, 2010, support— (A) sustainable water management practices; and (B) the water sustainability objectives of one or more bureaus of the Department of the Interior or other Federal agencies, including the Department of Agriculture, the Department of Commerce, the Department of Energy, and the Environmental Protection Agency; (3) increase the availability of usable water supplies in a watershed or region to benefit people, the economy, and the environment and include adaptive measures needed to address climate change and future demands; (4) where practicable, provide flood control or recreation benefits and include the development of incremental hydroelectric power generation; (5) include partnerships that go beyond political and institutional jurisdictions to support the efficient use of the limited water resources of a region and the Nation; and (6) generate environmental benefits, such as benefits to fisheries, wildlife, wildlife habitats, and water quality, water-dependent ecological systems, and water supply benefits to agricultural and urban water users. (c) Federal cost share The Federal share of the cost of a project authorized in subsection (a) shall be the lesser of 50 percent of total costs or $15,000,000 (adjusted for inflation) and shall be nonreimbursable. (d) In-Kind contributions The non-Federal share of the cost of a project authorized in subsection (a) may include in-kind contributions to the planning, design, and construction of a project. (e) Title; operation and maintenance costs The non-Federal entity entering into such financial assistance agreements shall hold title to any and all facilities constructed under this section, and shall be solely responsible for the costs of operating and maintaining such facilities. . 19. Emergency planning (a) Catastrophic drought plan Not later than 120 days after the enactment of this Act, the President shall update the National Response Plan and the National Disaster Recovery Framework to include a plan for catastrophic drought that calls on the capabilities of all applicable Federal agencies and departments including the pre-positioning of Federal resources to provide emergency clean water supplies. (b) Definitions For the purposes of this section— (1) the term National Response Plan means the National Response Plan or any successor plan prepared under section 502(a)(6) of the Homeland Security Act of 2002; and (2) the term National Disaster Recovery Framework means the National Disaster Recovery Framework or any successor document prepared under section 682 of the Post-Katrina Emergency Management Reform Act of 2006. 20. Termination of authorities The authorities under sections 3, 4, 7, 8, and 12 expire on the date on which the Governor of the State suspends the state of drought emergency declaration or the end of 2016, whichever is earlier.
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113-hr-4240
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I 113th CONGRESS 2d Session H. R. 4240 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Ms. Michelle Lujan Grisham of New Mexico (for herself, Ms. Lee of California , Ms. Norton , Mrs. Christensen , Ms. Fudge , Mr. Gutiérrez , Ms. Roybal-Allard , Mr. Veasey , Mr. Cárdenas , Mr. Grijalva , Ms. Brown of Florida , Mr. Hastings of Florida , Ms. Linda T. Sánchez of California , Ms. Pingree of Maine , Ms. Schakowsky , Mr. Vargas , and Mrs. Napolitano ) 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 expand access to health care services, including sexual, reproductive, and maternal health services, for immigrant women, men, and families by removing legal barriers to health insurance coverage, and for other purposes.
1. Short title This Act may be cited as the Health Equity and Access under the Law for Immigrant Women and Families Act of 2014 or as the HEAL Immigrant Women and Families Act of 2014 . 2. Findings Congress finds as follows: (1) Insurance coverage reduces harmful health disparities by alleviating cost barriers to and increasing utilization of basic preventive health services, especially among low-income and underserved populations, and especially among women. (2) Based solely on their immigration status, many immigrants and their families face legal restrictions on their ability to obtain health insurance coverage through Medicaid, CHIP, and Health Insurance Exchanges. (3) Lack of health insurance contributes to persistent disparities in the prevention, diagnosis, and treatment of negative health outcomes borne by immigrants and their families. (4) Immigrant women are disproportionately of reproductive age, low-income, and lacking health insurance coverage. Legal barriers to affordable health insurance coverage therefore particularly exacerbate their risk of negative sexual, reproductive, and maternal health outcomes, with lasting health and economic consequences for immigrant women, their families, and society as a whole. (5) Denying coverage or imposing waiting periods for coverage unfairly hinders the ability of immigrants to take responsibility for their own health and economic well-being and that of their families. To fully and productively participate in society, access to health care is fundamental, which for women includes access to the services necessary to plan whether and when to have a child. (6) The population of immigrant families in the United States is expected to continue to grow. Indeed one in five children in the United States is part of an immigrant family. It is therefore in the nation’s shared public health and economic interest to remove legal barriers to affordable health insurance coverage based on immigration status. 3. Removing barriers to health coverage for lawfully present individuals (a) Medicaid Section 1903(v)(4) of the Social Security Act ( 42 U.S.C. 1396b(v)(4) ) is amended— (1) by amending subparagraph (A) to read as follows: (A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, payment shall be made under this section for care and services that are furnished to aliens, including those described in paragraph (1), if they otherwise meet the eligibility requirements for medical assistance under the State plan approved under this title (other than the requirement of the receipt of aid or assistance under title IV, supplemental security income benefits under title XVI, or a State supplementary payment), and are lawfully present in the United States. ; (2) in subparagraph (B)— (A) by striking a State that has elected to provide medical assistance to a category of aliens under subparagraph (A) and inserting aliens provided medical assistance pursuant to subparagraph (A) ; and (B) by striking to such category and inserting to such alien ; and (3) in subparagraph (C)— (A) by striking an election by the State under subparagraph (A) and inserting the application of subparagraph (A) ; (B) by inserting or be lawfully present after lawfully reside ; and (C) by inserting or present after lawfully residing each place it appears. (b) CHIP Subparagraph (J) of section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended to read as follows: (J) Paragraph (4) of section 1903(v) (relating to lawfully present individuals). . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after the date that is 90 days after such date of the enactment. (2) Exception if state legislation required In the case of a State plan for medical assistance under title XIX, or a State child health plan under title XXI, of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the respective State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 4. Removing barriers to health coverage for individuals granted deferred action for childhood arrivals (a) In general For the purposes of eligibility under any of the provisions referred to in subsection (b), individuals granted deferred action under the Deferred Action for Childhood Arrivals process of the Department of Homeland Security, as described in the memorandum of the Secretary of Homeland Security on June 15, 2012, shall be considered lawfully present in the United States. (b) Provisions described The provisions described in this subsection are the following: (1) Exchange eligibility Section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ). (2) Reduced cost-sharing eligibility Section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ). (3) Premium subsidy eligibility Section 36B of the Internal Revenue Code of 1986. (4) Medicaid and CHIP eligibility Titles XIX and XXI of the Social Security Act, including under section 1903(v) of such Act (42 U.S.C. 1396b(v)). (c) Effective date (1) In general Subsection (a) shall take effect on the date of the enactment of this Act. (2) Transition through special enrollment period In the case of an individual described in subsection (a) who, before the first day of the first annual open enrollment period under subparagraph (B) of section 1311(c)(6) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6) ) beginning after the date of the enactment of this Act, is granted deferred action described in subsection (a) and who, as a result of such subsection, qualifies for a subsidy described in paragraph (2) or (3) of such subsection, the Secretary of Health and Human Services shall establish a special enrollment period under section 1311(c)(6)(C) of such Act during which such individual may enroll in qualified health plans through Exchanges under title I of such Act and qualify for such a subsidy. For such an individual who has been granted deferred action as of the date of the enactment of this Act, such special enrollment period shall begin not later than 90 days after such date of enactment. Nothing in this paragraph shall be construed as affecting the authority of the Secretary to establish additional special enrollment periods under section 1311(c)(6)(C) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)(C)).
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113-hr-4241
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I 113th CONGRESS 2d Session H. R. 4241 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Lynch (for himself, Mr. Rogers of Kentucky , Mr. Grimm , Ms. DeLauro , Mr. Keating , Mr. Wolf , Mr. Fitzpatrick , Mr. Michaud , Ms. Shea-Porter , Mr. Kennedy , Mr. Tonko , Mr. Higgins , and Ms. Clark of Massachusetts ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To withdraw approval for the drug Zohydro ER and prohibit the Food and Drug Administration from approving such drug unless it is reformulated to prevent abuse.
1. Short title This Act may be cited as the Act to Ban Zohydro . 2. Findings Congress finds as follows: (1) The drug Zohydro ER is a high-dose hydrocone-only opioid narcotic painkiller listed in schedule II of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (2) The Food and Drug Administration Analgesic Drug Products Advisory Committee report cited available dosages of Zohydro ER that, according to health care and substance abuse professionals, have up to 10 times more hydrocodone than any hydrocodone painkiller currently on the market. (3) Zohydro ER is manufactured without an abuse deterrent formulation. (4) Zohydro’s time-released effect, an important element of its pharmaceutical use, is easily negated by abusers to achieve a heroin-like effect. (5) The Analgesic Drug Products Advisory Committee concluded that, if approved and marketed, Zohydro ER will be abused, possibly at a rate greater than that of currently available hydrocodone combination products. (6) The Anesthetic and Analgesic Drug Products Advisory Committee voted 11 to 2 against approval of Zohydro ER, citing the high possibility for addiction. (7) The Food and Drug Administration approved Zohydro ER without an abuse deterrent formulation despite the fact that the Anesthetic and Analgesic Drug Products Advisory Committee voted 11 to 2 against doing so. (8) The Food and Drug Administration has acknowledged that the widespread abuse of opioid drugs across the country has reached epidemic proportions in some parts of the country. (9) According to the Centers for Disease Control and Prevention, deaths connected to prescription opioids have more than quadrupled in the United States, from 4,030 deaths involving the painkillers in 1999 to 16,651 deaths in 2010. (10) The Centers for Disease Control and Prevention has identified reducing deaths attributable to prescription painkiller abuse and overdose as a top health priority for 2014. (11) Attorneys General from 28 States have asked the Food and Drug Administration to reconsider its approval of Zohydro ER. (12) Health care professionals, addiction treatment providers, and community-based drug and alcohol prevention programs are groups opposed to the approval of Zohydro ER. (13) The burdens of Zohydro ER to the public health outweigh its potential therapeutic benefits. Given that alternative pain medicines and methods are widely available, approval of Zohydro ER should be withdrawn until such time that there is available a Food and Drug Administration-approved abuse deterrent formulation. 3. Withdrawal of approval of drug Zohydro ER (a) Withdrawal of approval Effective beginning on the day that is 45 days after the date of enactment of this Act, approval of the application with respect to pure hydrocodone bitartrate extended-release capsules (marketed as the drug Zohydro ER) under section 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) ) is deemed to have been withdrawn under section 505(e) of such Act (21 U.S.C. 355(e)). (b) No approval of any formulation that is not abuse deterrent The Commissioner of Food and Drugs shall not approve any application under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) for pure hydrocodone bitartrate extended-release capsules unless such drug is formulated to prevent abuse.
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113-hr-4242
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I 113th CONGRESS 2d Session H. R. 4242 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Nolan (for himself and Mr. Paulsen ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Tariff Act of 1930 to provide for the import of donated fire-fighting and rescue and relief equipment and supplies free of duty and other restrictions for purposes of inspection and subsequent donation and export of such equipment and supplies to countries and organizations in need, and for other purposes.
1. Short title This Act may be cited as the Humanitarian Firefighter Relief Act . 2. Amendments to the Tariff Act of 1930 (a) In general Section 322(b) of the Tariff Act of 1930 ( 19 U.S.C. 1322(b) ) is amended— (1) in paragraph (3), by striking , and and inserting a semicolon; (2) in paragraph (4), by striking the period at the end and inserting , and ; (3) by inserting after paragraph (4) the following new paragraph: (5) donated fire-fighting and rescue and relief equipment and supplies imported by or on behalf of a qualified nonprofit organization for purposes of inspection of such equipment and supplies and the subsequent donation and export of such equipment and supplies to countries and organizations in need, as determined by the Secretary of the Treasury. ; and (4) by adding at the end the following new sentence: A qualified nonprofit organization referred to in paragraph (5) is an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. . (b) Effective date The amendments made by this section apply to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. 3. Amendments to the Harmonized Tariff Schedule of the United States (a) In general Subchapter X of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9810.00.98 Donated fire-fighting and rescue and relief equipment and supplies imported under the terms of U.S. note 7 to this subchapter Free Free . (b) Amendments to U.S. Notes Subchapter X of chapter 98 of the Harmonized Tariff Schedule of the United States is amended— (1) in U.S. Note 1 to such subchapter, by striking and 9810.00.95 and inserting , 9810.00.95 and 9810.00.98 ; and (2) by adding at the end of the U.S. Notes to such subchapter the following new U.S. Note: 7. For purposes of heading 9810.00.98, goods may be imported under such heading, under the terms of section 322 of the Tariff Act of 1930 and regulations issued thereunder, if such goods are imported by or on behalf of a qualified nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. . (c) Effective date The amendments made by this section apply to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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113-hr-4243
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I 113th CONGRESS 2d Session H. R. 4243 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 40, United States Code, to permit commercial filmmaking and photography on the United States Capitol grounds, and for other purposes.
1. Permitting commercial filmmaking and photography on United States Capitol Grounds (a) In General Section 5106 of title 40, United States Code, is amended by adding at the end the following new subsection: (d) Commercial Filmmaking and Photography (1) Authorization by Capitol Police Notwithstanding section 5104(c) or any other provision of this chapter which restricts commercial activity on the United States Capitol Grounds, the Chief of the United States Capitol Police (hereafter in this subsection referred to as the Chief )— (A) may issue a permit authorizing a person to engage in appropriate commercial filmmaking and photography activity on the United States Capitol Grounds (other than any Capitol Buildings described in section 5101); and (B) under the terms and conditions of such a permit, may require the person to whom the permit is issued to pay an appropriate fee to cover any costs incurred by the Architect of the Capitol as a result of the issuance of the permit. (2) Types of activities and fees permitted For purposes of paragraph (1)— (A) commercial filmmaking and photography activity shall be considered appropriate only if the activity is similar to the types of commercial activity permitted in Union Square prior to the transfer of jurisdiction and control of Union Square to the Architect of the Capitol under section 1202 of the Legislative Branch Appropriations Act, 2012 ( 2 U.S.C. 1811 note); and (B) a fee shall be considered appropriate only if the fee is similar to the fee collected by the Director of the National Park Service for commercial activity permitted in Union Square prior to such transfer of jurisdiction and control. (3) Use of fees Immediately upon receiving any fees collected under paragraph (1)(B), the Chief shall transfer the fees to the Capitol Trust Account established under section 213(c) of the Legislative Branch Appropriations Act, 2014 ( Public Law 113–76 ). (4) Regulations The Chief shall carry out this subsection in accordance with such regulations as the Capitol Police Board may promulgate pursuant to the Board's authority under section 14 of the Act of July 31, 1946 ( 2 U.S.C. 1969 ), except that the Board shall promulgate the regulations in consultation with the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (5) Union Square defined In this subsection, the term Union Square means the area for which jurisdiction and control was transferred to the Architect of the Capitol under section 1202 of the Legislative Branch Appropriations Act, 2012 (2 U.S.C. 1811 note). . (b) Conforming Amendment Relating to Capitol Trust Account Section 213(c) of the Legislative Branch Appropriations Act, 2014 ( Public Law 113–76 ) is amended by striking subsection (b)(2) each place it appears and inserting subsection (b)(2) or section 5106(d) of title 40, United States Code .
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113-hr-4244
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I 113th CONGRESS 2d Session H. R. 4244 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Peters of Michigan (for himself, Mr. Murphy of Florida , and Mr. Schrader ) 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 small employer health insurance credit, and for other purposes.
1. Short title This Act may be cited as the Small Business Health Insurance Affordability Act of 2014 . 2. Modification of small employer health insurance credit (a) Increase in eligible business size (1) In general Subparagraph (A) of section 45R(d)(1) of the Internal Revenue Code of 1986 is amended by striking 25 and inserting 50 . (2) Phaseout amount based on number of employees Paragraph (1) of section 45R(c) of such Code is amended by striking 10 and inserting 20 . (3) Maximum average annual wages Subparagraph (B) of section 45R(d)(3) of such Code is amended— (A) by redesignating clause (ii) as clause (iii), (B) by striking 2013 in clause (iii), as so redesignated, and inserting 2014 , (C) by striking $25,000 in clause (iii), as so redesignated, and inserting $35,000 , (D) by striking calendar year 2012 in clause (iii), as so redesignated, and inserting calendar year 2013 , and (E) by inserting after clause (i) the following new clause: (ii) 2014 The dollar amount in effect under this paragraph for taxable years beginning in 2014 is $35,000. . (b) 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 . (c) 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. . (d) Credit period 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 . (e) Coverage providing essential health benefits through non-Exchange plan treated as qualified Section 45R(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Coverage providing essential health benefits through non-Exchange plan treated as qualified Health insurance providing the essential health benefits specified in section 1302(b)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b)(1) ) through a plan not offered through an Exchange shall be treated as a qualified health plan offered through an Exchange. . (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-4245
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I 113th CONGRESS 2d Session H. R. 4245 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Quigley introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Rules , House Administration , the Judiciary , Ethics , and 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 the Ethics in Government Act of 1978, the Rules of the House of Representatives, the Lobbying Disclosure Act of 1995, and the Federal Funding Accountability and Transparency Act of 2006 to improve access to information in the legislative and executive branches of the Government, and for other purposes.
1. Short title This Act may be cited as the Transparency in Government Act of 2014 . 2. Table of contents The table of contents is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Improving Access to Information about Members of Congress and congressional offices Sec. 101. Greater disclosure and electronic filing of personal financial information. Sec. 102. Greater disclosure of travel reports. Sec. 103. Greater disclosure of gift reports. Sec. 104. Greater disclosure of earmarks. Sec. 105. Online posting of disbursements from Members’ Representational Allowance. Sec. 106. GAO study and report on effects of written requests by Members of Congress for funding of projects. Title II—Enhancing Public Access to the Work of Congressional Committees, Legislation, and Votes Sec. 201. Increased transparency of committee work. Sec. 202. Increased transparency of committee schedules through the Clerk. Sec. 203. Increased transparency of recorded votes. Title III—Enhancing Public Access to Congressional Research Service Sec. 301. Short title; findings. Sec. 302. Availability of certain Congressional Research Service information. Sec. 303. Other methods of public access. Sec. 304. Definitions. Sec. 305. Effective date. Title IV—Lobbying Disclosure Sec. 401. Short title. Sec. 402. Modifications to enforcement. Sec. 403. Definition of lobbyist. Sec. 404. Expedited online registration of lobbyists; expansion of registrants. Sec. 405. Disclosure of political contributions. Sec. 406. Identification numbers for lobbyists. Sec. 407. Ethics training for lobbyists. Sec. 408. Estimates based on tax reporting system. Sec. 409. Effective date. Title V—Transparency in Federal contracting Sec. 501. Improving application programming interface and website data elements. Sec. 502. Improving data quality. Sec. 503. Requirements relating to reporting of award data. Sec. 504. Recipient performance transparency. Sec. 505. Improvement of Federal Awardee Performance and Integrity Information System Database. Sec. 506. Federal contractor compliance. Sec. 507. Improving access to information disclosed on lobbying activities. Title VI—Executive Branch Transparency Sec. 601. Requirement for disclosure of Federal sponsorship of all Federal advertising or other communications. Sec. 602. Improving access to influential executive branch official’s visitor access records. Sec. 603. Improving access to budget justifications by the Office of Management and Budget. Sec. 604. Improving rulemaking disclosure for the Office of Information and Regulatory Affairs. Sec. 605. Improving E-filing data collection and distribution for non-profits. Sec. 606. Improving ease of online access to registration information from agents of foreign principals. Sec. 607. Agency defined. Title VII—Strengthening the Freedom of Information Act Sec. 701. Digital access to completed responses to the Freedom of Information Act. Sec. 702. Explanation required for creation of exemption in the Freedom of Information Act. Sec. 703. FOIAonline for agencies. Sec. 704. Agency defined. Title VIII—Improving transparency within the judicial system Sec. 801. GAO study on video recording of Supreme Court proceedings. Sec. 802. Audio recording of Supreme Court proceedings. Sec. 803. Availability on the Internet of financial disclosure reports of judicial officers. Sec. 804. GAO audit of PACER. Title IX—Enforcement Sec. 901. Audits by the Government Accountability Office. I Improving Access to Information about Members of Congress and congressional offices 101. Greater disclosure and electronic filing of personal financial information (a) Additional financial disclosure requirements (1) Section 102(a)(1)(B) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 102(a)(1)(B) ) is amended in clause (iv) by striking $15,000 and inserting $25,000 and by striking clauses (v) through (ix) and inserting the following new clauses: (v) greater than $25,000 but not more than $100,000, rounded to the nearest $10,000, (vi) greater than $100,000 but not more than $1,000,000, rounded to the nearest $100,000, or (vii) greater than $1,000,000, rounded to the nearest $1,000,000. . (2) Section 102(d)(1) of such Act ( 5 U.S.C. App. 102(d)(1) ) is amended by striking (3), (4), (5), and (8) and inserting (5) and (8) . (3) Section 102(d) of such Act ( 5 U.S.C. App. 102(d) ) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: (3) The categories for reporting the amount or value of the items covered in paragraphs (3) or (4) of subsection (a) are as follows: (A) Not more than $15,000. (B) Greater than $15,000 but not more than $25,000. (C) Greater than $25,000 but not more than $100,000, rounded to the nearest $10,000. (D) Greater than $100,000 but not more than $1,000,000, rounded to the nearest $100,000. (E) Greater than $1,000,000, rounded to the nearest $1,000,000. . (b) More frequent disclosure of financial transactions involving large sums of money (1) Section 101 of such Act ( 5 U.S.C. App. 101 ) is amended by adding at the end the following new subsection: (j) In addition to any other report required to be filed by a Member of Congress or officer or employee of the Congress, each such individual is required to file a quarterly report on April 30, July 30, October 30, and January 30 of each year covering the preceding calendar quarter if that individual (or the spouse or any dependent child of that individual) purchased, sold, or exchanged any property described in subsection (a)(5) valued at not less than $250,000 during that calendar quarter. For any such transaction of not less than $250,000, such report shall contain all of the information required under subsection (a)(5). . (2) (A) Clause 1 of rule XXVI of the Rules of the House of Representatives is amended by inserting (a) after 1. and by adding at the end the following new paragraphs: (b) If any report is filed with the Clerk for a calendar quarter pursuant to section 101(i) of the Ethics in Government Act of 1978, the Clerk shall compile all such reports sent to the Clerk by Members and have them printed as a House document, which shall be made available to the public, as soon as practicable. (c) Each individual required to file a report with the Clerk under title I under the Ethics in Government Act of 1978 shall file and maintain such report in electronic form. . (B) Comparable language to be added by the Senate. (c) Availability on the Internet of reports filed under this title with the Clerk of the House or the Secretary of the Senate Section 103 of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 103 ) is amended by adding at the end the following new subsection: (m) The Clerk of the House of Representatives and the Secretary of the Senate shall each make available any report filed with them under this title (whether the report is filed in paper or electronic form) within 48 hours of the applicable submission deadline on the website of the Clerk or the Secretary, as applicable, in a searchable, sortable, downloadable, machine-readable format. . (d) Effective date The amendments made by this section shall apply to reports filed for calendar years or calendar quarters beginning after the date of enactment of this Act. 102. Greater disclosure of travel reports (a) Foreign travel Clause 8(b)(3) of rule X of the Rules of the House of Representatives is amended by adding at the end the following new sentence: Within 48 hours after any such report is filed with the chair of a committee, the chair shall post the report on the Internet site of the committee in a searchable, sortable, downloadable, machine-readable format. . (b) Effective date The amendment made by subsection (a) shall apply to travel commencing after the date of enactment of this Act. 103. Greater disclosure of gift reports (a) Requiring Clerk of the House To Post Reports on Internet Not Later Than 48 Hours After Receipt (1) Clause 5(b)(5) of rule XXV of the Rules of the House of Representatives is amended— (A) by striking shall make available and inserting shall post on the public Internet site of the Clerk and otherwise make available ; and (B) by striking as possible and inserting the following: as possible, but in no event later than 48 hours, . (2) Comparable language to be added by the Senate. (b) Effective Date The amendment made by subsection (a) shall apply with respect to reports filed on or after the date of the adoption of this resolution. 104. Greater disclosure of earmarks (a) Electronic disclosure by Members (1) Rule XXIII of the Rules of the House of Representatives is amended by redesignating clause 18 as clause 19 and by inserting after clause 17 the following: 18. A Member, Delegate, or Resident Commissioner who requests a congressional earmark, a limited tax benefit, or a limited tariff benefit shall, within 24 hours after making such request— (1) post on his or her public website for the remainder of the Congress the following— (A) the name and address of the intended recipient; (B) whether the intended recipient is a for-profit or not-for-profit entity; (C) the requested amount (only in the case of congressional earmarks); and (D) an explanation of the request, including the purpose, and why it is a valuable use of taxpayer funds; (2) electronically submit to the committee of subject-matter jurisdiction the webpage address where such information is posted; (3) identify each request as having been submitted to the committee of subject-matter jurisdiction; and (4) display on the homepage of such website a hypertext link that contains the words Earmarks , Appropriations Requests , Limited Tax Benefits , or Limited Tariff Benefits and that directs to such webpage address, and maintain that link for at least 30 calendar days after the last such request is made during the Congress. . (2) The last sentence of clause 16 of rule XXIII of the Rules of the House of Representatives is amended by striking and clause 17 and inserting , clause 17, and clause 18 . (b) Electronic disclosure by committees Rule XI of the Rules of the House of Representatives is amended by adding at the end the following new clause: Earmark disclosure websites (s) (1) Any committee that accepts any request of a Member, Delegate, or Resident Commissioner for a congressional earmark, a limited tax benefit, or a limited tariff benefit shall maintain a public website with an earmark disclosure webpage that contains the following for each such request— (A) the bill name; (B) the name, State, and district of that individual; (C) the name and address of the intended recipient; (D) whether the intended recipient is a for-profit or not-for-profit entity; (E) the requested amount (only in the case of congressional earmarks); (F) a brief description; and (G) the applicable department or agency of the Government, and the account or program (if provided to the committee in the request); and is in a downloadable format that is searchable and sortable by such characteristics. (2) Any written statement received by a committee under clause 17(a) of rule XXIII shall be posted on the earmark disclosure webpage of the committee. (3) The earmark disclosure webpage of a committee shall list the names of any Member, Delegate, and Resident Commissioner who requests a congressional earmark, a limited tax benefit, or a limited tariff benefit and link directly to their webpage addresses referred to in clause 18(2) of rule XXIII. (4) The earmark disclosure webpage of a committee shall post the information required under subparagraphs (1) through (3) within one week of receipt, and shall maintain that information on that webpage for the remainder of the Congress. (5) For purposes of this paragraph, the terms congressional earmark , limited tax benefit , and limited tariff benefit shall have the meaning given them in clause 9 of rule XXI. . (c) Point of order Clause 9 of rule XXI of the Rules of the House of Representatives is amended by redesignating paragraphs (e), (f), and (g) as paragraphs (f), (g), and (h), respectively, and by inserting after paragraph (d) the following: (e) It shall not be in order to consider any bill or joint resolution, or an amendment thereto or conference report thereon, that carries a congressional earmark, limited tax benefit, or limited tariff benefit for which a Member, Delegate, or Resident Commissioner failed to comply with any applicable requirement of clause 18 of rule XXIII. . (d) Effective date The amendments made by this section shall apply to requests for congressional earmarks, limited tax benefits, and limited tariff benefits made after the date this resolution is agreed to. (e) Centralized database for earmarks, limited tax benefits, and limited tariff benefits (1) The Clerk of the House of Representatives, the Secretary of the Senate, and the chairs of the Committee on Appropriations of the House of Representatives and the Senate shall collaborate to create one centralized database where all requests for earmark, limited tax benefits, and limited tariff benefits are available on the Internet in a searchable, sortable, downloadable format to the public. The data available to the public for each earmark should include— (A) an identification of the bill into which the earmark is to be inserted; (B) the name, State, and district of the Member of Congress requesting the earmark; (C) the name and address of the intended recipient; (D) whether the intended recipient is a for-profit or not-for-profit entity; (E) the requested amount (only in the case of congressional earmarks); (F) a brief description of the earmark; and (G) the applicable department or agency of the Government, and the account or program (if provided to the committee in the request). (2) The centralized database for earmarks referred to in paragraph (1) shall be implemented within six months after the date of enactment of this Act. 105. Online posting of disbursements from Members’ Representational Allowance (a) Requiring Posting (1) In general With respect to each session of a Congress (beginning with the second session of the One Hundred Thirteenth Congress)— (A) the Chief Administrative Officer of the House of Representatives shall post on the official public Internet site of the House of Representatives a machine-readable statement showing each disbursement made from the Members’ Representational Allowance during that session, and include as part of the statement hyperlinks to information on the amount of such disbursements which are attributable to each specific Member of the House of Representatives; and (B) except as provided in paragraph (2), each Member of the House of Representatives shall include on the Member’s official public Internet site a hyperlink to the information provided on the House of Representatives site under subparagraph (A) with respect to the disbursements made by the Member. (2) Exception for former Members Paragraph (1)(B) does not apply to any individual who is not a Member of the House of Representatives at the time the Chief Administrative Officer posts the statement described in paragraph (1)(A). (b) Source of Information The information provided on the House of Representatives site under subsection (a)(1) shall be based on the reports of disbursements for the operations of the House of Representatives which are submitted by the Chief Administrative Officer under section 106 of the House of Representatives Administrative Reform Technical Corrections Act ( 2 U.S.C. 104b ). (c) Deadlines (1) Chief Administrative Officer The Chief Administrative Officer shall post the information required under subsection (a)(1) with respect to a session of Congress not later than 30 days after the publication of the final report of disbursements for the operations of the House of Representatives (as described in subsection (b)) for that session. (2) Members Each Member of the House of Representatives shall meet the requirements of subsection (a)(2) not later than 5 days after the Chief Administrative Officer posts the information required under subsection (a)(1) with respect to a session of Congress. (d) Member Defined In this section, a Member of the House of Representatives includes a Delegate or Resident Commissioner to the Congress. 106. GAO study and report on effects of written requests by Members of Congress for funding of projects (a) Study The Comptroller General shall conduct a study of the effect of written requests to carry out and provide funding for projects and activities which are submitted to offices of the executive branch by Members of Congress on the decisions made by such offices regarding the funding of those projects and activities. (b) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). II Enhancing Public Access to the Work of Congressional Committees, Legislation, and Votes 201. Increased transparency of committee work (a) In the House of Representatives Clause 1 of rule XI of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (e) (1) Each committee shall post on its Internet website the public hearings and markup schedules of the committee and each of its subcommittees at the same time that information is made available to members of the committee. (2) For each hearing and markup for which information is posted under subparagraph (1), the committee shall post on its Internet website within 45 days the following: the topic, related legislation, testimony of witnesses, opening statements of the chair and ranking minority member, transcripts, and audio and video recordings. (3) Within 24 hours after a committee or subcommittee orders any bill or resolution to be reported, the committee or subcommittee, as applicable, shall post on its Internet website all amendments that were agreed to, except for technical and conforming changes authorized by the committee or subcommittee. . (b) In the Senate Comparable language to be added by the Senate. 202. Increased transparency of committee schedules through the Clerk Clause 2 of rule II of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (l) The House Committees shall provide to the Clerk, in a structured data format, a complete list of all public hearing and markup schedules of committees and subcommittees as soon as publically available; and the Clerk shall post this information on its Web site, including links to committee websites. . 203. Increased transparency of recorded votes (a) Additional duties of the Clerk of the House and the Secretary of the Senate The Clerk of the House of Representatives and the Secretary of the Senate shall post on the public Internet site of the Office of the Clerk or of the Secretary, respectively, a record, organized by the name of each Member or Senator, in a structured data format, of the recorded votes of that Member or Senator, including the roll, date, issue, question, result, and title or description of the vote, and any cost estimate of the Congressional Budget Office related to the vote. (b) Web link Each Member shall provide a link to the Clerk of the House of Representatives of a list of recorded votes from that Member’s website, and each Senator shall provide a link to the Secretary of the Senate of a list of recorded votes from that Senator’s website. (c) Definition As used in this section, the term Member means a Representative in Congress, a delegate to Congress, or the Resident Commissioner from Puerto Rico. (d) Effective date This section shall apply to recorded votes occurring after the date of enactment of this Act. III Enhancing Public Access to Congressional Research Service 301. Short title; findings (a) Short Title This title may be cited as the Public Access to Congressional Research Service Reports Resolution of 2014 or the Congressional Research Service Electronic Accessibility Resolution of 2014 . (b) Findings Congress finds the following: (1) The Congressional Research Service, a special reference unit within the Library of Congress, offers invaluable research and analysis to Members of Congress on all current and emerging issues of national policy. (2) The Congressional Research Service staff of approximately 700 employees, including lawyers, economists, reference librarians, and social, natural, and physical scientists, are governed by requirements for accuracy, objectivity, balance, and nonpartisanship. (3) The Congressional Research Service has a responsibility to ensure that Members of Congress have available the best possible information and analysis on which to base the policy decisions the American people have elected them to make. (4) It is often burdensome, difficult, and time-consuming for citizens to obtain access to objective and nonpartisan policy analysis on issues affecting their interests. (5) It will enhance our democracy to provide citizens with access to unbiased and accurate CRS documents on legislation and other critical issues before Congress. (6) Allowing public access to CRS will empower citizens and enable Members of Congress to become even more effective representatives of the public’s concerns and goals. 302. Availability of certain Congressional Research Service information (a) Establishment and Maintenance of Database of information (1) In general The Clerk of the House of Representatives, in consultation with the Director of the Congressional Research Service, shall establish and maintain a centralized, searchable, bulk downloadable, electronic database consisting of— (A) all of the information described in paragraph (2) that is available to Members, officers, employees, and offices of the House of Representatives through the Congressional Research Service website; and (B) in accordance with subsection (b), an index of the information described in subparagraph (A). (2) Information described The information described in this paragraph is as follows: (A) Congressional Research Service Issue Briefs. (B) Congressional Research Service Reports. (C) Congressional Research Service Authorization of Appropriations Products and Appropriations Products. (D) Materials intended or available for general congressional distribution that are the same or substantially similar in content to CRS Reports, Issue Briefs, and Appropriations Products. (3) Specific information for materials included With respect to each issue brief, product, or report included in the database under this subsection, the Clerk shall include— (A) the name and identification number; (B) the dates of initial release and updates (if any); and (C) the Congressional Research Service division or divisions that were responsible for its production. (4) Updates The Clerk, in consultation with the Director, shall ensure that the information in the database under this subsection is updated automatically and electronically to reflect the availability of new information and updates to existing information described in paragraph (2). (5) Initial information The initial establishment of the database under this subsection shall include all of the contents described in paragraph (1) as of the date on which this resolution is agreed to. (b) Index of database information In addition to the database under subsection (a), the Clerk, in consultation with the Director, shall establish and maintain contemporaneously a website containing a searchable, sortable index of all of the information in the database in both human-readable and machine-readable formats (such as XML) that includes for each issue brief, product, or report in the database— (1) the name and identification number; (2) the dates of initial release and updates (if any); and (3) the Congressional Research Service division or divisions that were responsible for its production. (c) Limitations (1) Confidential information Subsections (a) and (b) do not apply to— (A) any information that is confidential, as determined by— (i) the Director, or (ii) the head of a Federal department or agency that provided the information to the Congressional Research Service; or (B) any document that— (i) is the product of a confidential research request made by a Member, officer, employee, or office of the House of Representatives; (ii) has not been distributed to any individual or office other than the individual or office making the request; and (iii) is not intended for distribution to any person other than the individual or office making the request. (2) Redaction and revision In carrying out this section, the Clerk, on the basis of information provided by the Director, may— (A) remove from the information included in the database (including from the issue brief, product, or report itself) the name and contact information regarding an employee of the Congressional Research Service; (B) remove from the information included in the database (including from the issue brief, product, or report itself) any material for which the Director determines that including the information on the database may infringe the copyright of a work protected under title 17, United States Code; and (C) make any changes in the information included in the database (including from the issue brief, product, or report itself) that the Director determines necessary to ensure that the information is accurate and current, except that if the Clerk makes any such change with respect to any material in the database, the Clerk shall indicate in the database (with such notation as the Clerk considers appropriate) that more current information is available with respect to the material than the information provided in the database. (3) Method of redaction The Clerk shall carry out any redaction under paragraph (2)(C) in a manner which removes the least amount of material necessary to carry out the purposes of the redaction. (4) Assistance from director for automatic redaction The Clerk shall consult with the Director to ensure the availability and implementation of such technology as may be necessary to facilitate the automatic redaction of information under this subsection. (d) Furnishing of necessary information The Clerk shall consult with the Director to ensure that the Clerk is provided with all of the information necessary to carry out this section in such format as the Clerk considers appropriate. 303. Other methods of public access (a) Access Through Websites of Members and Committees Each official public website of a Member of the House of Representatives, a committee of the House of Representatives, or a joint committee of the Congress shall permit members of the public to use the website to obtain the information contained in the database established under section 302, in the same manner and to the same extent as Members, officers, employees, and offices of the House of Representatives may obtain such information through the Congressional Research Service website. (b) Regulations Subsection (a) shall be carried out in accordance with regulations promulgated by the Committee on House Administration of the House of Representatives. 304. Definitions In this title— (1) the term Clerk means the Clerk of the House of Representatives; (2) the term Director means the Director of the Congressional Research Service; and (3) the term Member of the House of Representatives includes a Delegate or Resident Commissioner to the Congress. 305. Effective date This title shall take effect upon the expiration of the 6-month period which begins on the date of the enactment of this Act, without regard to whether the regulations described in section 303(b) or any other regulations have been promulgated prior to the expiration of such period. IV Lobbying Disclosure 401. Short title This title may be cited as the Lobbyist Disclosure Enhancement Act . 402. Modifications to enforcement (a) Lobbying Disclosure Act Task Force (1) Establishment The Attorney General shall establish the Lobbying Disclosure Act Enforcement Task Force (in this subsection referred to as the Task Force ). (2) Functions The Task Force— (A) shall have primary responsibility for investigating and prosecuting each case referred to the Attorney General under section 6(a)(8) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605(a)(8) ); (B) shall collect and disseminate information with respect to the enforcement of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ); (C) shall audit, at a minimum on an annual basis, and as frequently as deemed necessary by the Task Force, the extent of compliance or noncompliance with the requirements of the Lobbying Disclosure Act of 1995 by lobbyists, lobbying firms, and registrants under that Act through a random sampling of lobbying registrations and reports filed under that Act during each calendar year; and (D) shall establish, publicize, and operate a toll-free telephone number to serve as a hotline for members of the public to report noncompliance with lobbyist disclosure requirements under the Lobbying Disclosure Act of 1995, and shall develop a mechanism to allow members of the public to report such noncompliance online. (b) Referral of cases to the Attorney General Section 6(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605(a) ) is amended— (1) in paragraph (8), by striking United States Attorney for the District of Columbia and inserting Attorney General ; and (2) in paragraph (11), by striking United States Attorney for the District of Columbia and inserting Attorney General . (c) Recommendations for improved enforcement The Attorney General may make recommendations to Congress with respect to— (1) the enforcement of and compliance with the Lobbying Disclosure Act of 1995; and (2) the need for resources available for the enhanced enforcement of the Lobbying Disclosure Act of 1995. (d) Information in enforcement reports Section 6(b)(1) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605(b)(1) ) is amended by striking by case and all that follows through public record and inserting by case and name of the individual lobbyists or lobbying firms involved, any sentences imposed . 403. Definition of lobbyist Section 3(10) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(10) ) is amended by striking , other than an individual and all that follows through period . 404. Expedited online registration of lobbyists; expansion of registrants Section 4(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(a) ) is amended— (1) in paragraph (1)— (A) by striking 45 days and inserting 10 days ; (B) by striking , or on the first business day after such 45th day if such 45th day is not a business day, and inserting , or on the first business day occurring after such 10th day if such 10th day does not occur on a business day, ; and (C) by inserting online after shall register ; and (2) in paragraph (2)— (A) by striking Any organization and inserting the following: (A) In general Subject to subparagraph (B), any organization ; and (B) by adding at the end the following: (B) Threshold for certain organizations In the case of an organization whose employees who are lobbyists engage in lobbying activities only on behalf of the organization, the organization is required to register under this subsection only if the lobbying activities of each such employee includes or is expected to include more than one lobbying contact. . 405. Disclosure of political contributions Section 5(d)(1) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604(d)(1) ) is amended— (1) in the matter preceding subparagraph (A), by striking 30 days after and all that follows through 30th day is not and inserting 20 days after the end of the quarterly period beginning on the first day of January, April, July, and October of each year, or on the first business day after such 20th day if such 20th day is not ; and (2) by striking semiannual period each place it appears and inserting quarterly period . 406. Identification numbers for lobbyists Section 6(a)(3) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605(a)(3) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by adding and after the semicolon the end of subparagraph (B); and (3) by adding after subparagraph (B) the following: (C) a system that assigns an identification number for each lobbyist for whom a registration or report is filed under this Act; . 407. Ethics training for lobbyists (a) Required ethics training Any individual who is a lobbyist registered or required to register under section 4 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603 ) shall— (1) complete ethics training described in subsection (b)— (A) not later than 6 months after the individual is first employed or retained for services that include one or more lobbying contacts; and (B) at least once in each 5-year period during which the individual is registered or required to register under section 4; and (2) submit to the Clerk of the House of Representatives and the Secretary of the Senate certification of the training completed under paragraph (1). (b) Qualified training The Ethics Committee of the House of Representatives and the Select Committee on Ethics of the Senate shall jointly— (1) determine the curriculum and certification requirements for the ethics training for individuals described in subsection (a); (2) approve those educational institutions, professional associations, or other persons who are qualified to provide such ethics training; (3) determine the maximum fee that may be charged for the ethics training; and (4) provide oversight of the ethics training program established under this section in order to determine the quality of instruction in, and the administration of, the training program. (c) Responsibilities of Clerk and Secretary The Clerk of the House of Representatives and the Secretary of the Senate shall— (1) collect and review for completion and accuracy the certifications of ethics training submitted under subsection (a)(2); and (2) post on the websites of the Clerk and the Secretary, with respect to each individual required to complete ethics training under this section— (A) whether the individual has complied with such requirement; and (B) the certifications submitted by the individual under subsection (a)(2). 408. Estimates based on tax reporting system Section 15 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1610 ) is repealed. 409. Effective date (a) Section 402 Section 402 and the amendments made by that section take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act. (b) Sections 403, 404, and 405 The amendments made by sections 403, 404, and 405 shall take effect on the first day of the first quarterly period described in section 5(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604(a) ) that begins after the end of the 90-day period beginning on the date of the enactment of this Act. (c) Section 406 The amendments made by section 406 shall apply to any registration or report that is filed under section 4 or 5 of the Lobbying Disclosure Act of 1995— (1) on or after the 90th day after the date of the enactment of this Act; or (2) before such 90th day, if such registration or report is, as of such 90th day, being retained under section 6(a)(5) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605(a)(5) ). (d) Section 407 (1) In general Section 407 shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act. (2) Current lobbyists In the case of individuals who are registered under section 4 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603 ) as of the effective date under paragraph (1), the ethics training required under section 407(a)(1) shall be completed not later than the end of the 6-month period beginning on the effective date under paragraph (1) of this subsection, in lieu of the date specified in section 407(a)(1). V Transparency in Federal contracting 501. Improving application programming interface and website data elements (a) In general Section 2 of the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note) is amended— (1) in subsection (a)— (A) in paragraph (2)(A)(ii), by striking and delivery orders and inserting lease agreements and assignments, and delivery orders ; (B) in paragraph (3)— (i) in subparagraph (C), by striking and after the semicolon; (ii) in subparagraph (D), by striking the period and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) programmatically search and access all data in a serialized machine readable format (such as XML) via a web-services application programming interface. ; and (C) by inserting after paragraph (3) the following new paragraph: (4) Congressionally directed spending item The term congressionally directed spending item means a provision or report language included primarily at the request of a Member of Congress providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional district, other than through a statutory or administrative formula-driven or competitive award process. ; and (2) in subsection (b)(1)— (A) in subparagraph (F), by striking the period at the end and inserting semicolon; (B) by redesignating subparagraph (G) as subparagraph (J); and (C) by inserting after subparagraph (F) the following new subparagraphs: (G) to the extent possible, the Federal agency, including the bureau, office, or subdivision, that authorized the Federal award; (H) after January 1, 2015, for all contracts, subcontracts, purchase orders, task orders, lease agreements and assignments, and delivery orders— (i) information about the extent of competition in making the award, including the number of bids or proposals determined to be responsive during the competitive process, and if the award was not competed, the legal authority and specific rationale for making the award without full and open competition; (ii) the full amount of money that is awarded under a contract or, in the case of lease agreements or assignments, the amount paid to the Government, and the full amount of any options to expand or extend under a contract; (iii) the amount of the profit incentive, such as award fees; (iv) the type of contract, such as fixed price, cost plus pricing, labor hour contracts, and time and materials contracts; (v) a permanent link to the original solicitation or notice and the solicitation ID; (vi) an indication if the contract is the result of legislative mandates, set-asides, preference program requirements, or other criteria, and whether the contract is multi-year, consolidated, or performance based; and (vii) an indication if the contract is a congressionally directed spending item; (I) after January 1, 2015, for all grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance, an indication if the funding is a congressionally directed spending item; and . (b) Effective date Except as otherwise provided, the amendments made by subsection (a) shall be implemented not later than 6 months after the date of the enactment of this Act. 502. Improving data quality (a) In general The Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note), as amended by section 501, is further amended by adding at the end the following: 5. Improving data quality (a) Inspector General data audit Each Inspector General shall annually audit for the previous fiscal year the data used on the website created by this Act for the relevant Federal agency of the Inspector General, in compliance with generally accepted Government auditing standards, and submit a report on such audit to the Director of the Office of Management and Budget that includes at least the following: (1) A review of data used for the website to verify accuracy of the data and assess the process used for improving data quality. (2) A review of a statistically representative sample of Federal awards to determine whether Federal agencies have appropriate measures in place to review data submissions under this Act for accuracy and completeness. (3) An identification and report on new standards that Inspector General recommends for implementation by agencies to improve data quality. (b) OMB report Not later than April 1 of each year, the Director of the Office of Management and Budget shall make each report submitted under subsection (a) for the previous fiscal year available to the public, including a review of the findings of the audit and recommendations to improve data quality, through the website created by this Act. . 503. Requirements relating to reporting of award data (a) Revision of guidance The Director of the Office of Management and Budget shall revise the Office’s guidance to Federal agencies on reporting Federal awards to clarify— (1) the requirement that award titles describe the award’s purpose; and (2) requirements for validating and documenting agency award data submitted by Federal agencies. (b) Inclusion of city information The Director of the Office of Management and Budget shall include information on the city where work is performed in the Office’s public reporting of the completeness of agency data submissions. 504. Recipient performance transparency (a) In general The Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note), as amended by sections 501 and 502, is further amended by adding at the end the following: 6. Recipient performance transparency and past performance The Director of the Office of Management and Budget shall ensure that the unique identifier required in section 2(b)(1)(E) that is used to link information about the entity receiving the award on the searchable website is also used to link information about that entity on the Federal Awardee Performance Integrity Information System. . (b) Effective date The amendment made by subsection (a) shall be implemented not later than June 30, 2014. 505. Improvement of Federal Awardee Performance and Integrity Information System Database (a) Requirement To include in database 10 years of information on certain persons awarded Federal contracts or grants Section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4555) is amended in subsection (c) by striking 5-year and inserting 10-year . (b) Requirement To include information in database regarding certain judgments and settlements Section 872 of such Act is further amended in subsection (c)(1) by adding at the end the following new subparagraphs: (E) In an administrative proceeding, any administrative judgment that does not contain an explicit finding or acknowledgment of fault. (F) In a civil proceeding, any settlement that does not contain an explicit finding or acknowledgment of fault. . 506. Federal contractor compliance (a) Self-Reporting requirement Subsection (f) of section 2313 of title 41, United States Code, is amended to read as follows: (f) Self-Reporting requirement (1) Contracts in excess of simplified acquisition threshold No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of the simplified acquisition threshold unless the contractor has first made the certifications set forth in section 52.209–5 of the Federal Acquisition Regulation. (2) Contracts in excess of $500,000 No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of $500,000 unless the contractor— (A) certifies that the contractor has submitted to the Administrator the information required under subsection (c) and that such information is current as of the date of such certification; or (B) certifies that the contractor has cumulative active Federal contracts and grants with a total value of less than $10,000,000. . (b) Periodic inspection or review of contract files Section 2313(e)(2) of such title is amended by adding at the end the following new subparagraph: (C) Periodic inspection or review The Inspector General of each Federal agency shall periodically— (i) conduct an inspection or review of the contract files required under subparagraph (B) to determine if the agency is providing appropriate consideration of the information included in the database created pursuant to subsection (c); and (ii) submit a report containing the results of the inspection or review conducted under clause (i) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. . (c) Annual report The Comptroller General of the United States shall annually submit a report to the appropriate congressional committees describing the extent to which suspended or debarred contractors on the Excluded Parties List System— (1) are identified as having received Federal contracts on USAspending.gov; or (2) were granted waivers from Federal agencies from suspension or debarment for purposes of entering into Federal contracts. 507. Improving access to information disclosed on lobbying activities (a) Information filed with the Administrator of General Services Section 1352(b) of title 31, United States Code, is amended— (1) in paragraph (1), by striking file with that agency and inserting file electronically with the Administrator of General Services ; and (2) by adding at the end the following new paragraph: (7) Database required The Administrator of General Services shall establish and maintain an online database that is made available to the relevant agency and accessible by the public that contains information disclosed pursuant to this subsection that is searchable, sortable, machine readable, and downloadable. . (b) Deadline for database Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall establish the database required by paragraph (7) of section 1352(b) of title 31, United States Code, as added by subsection (a). VI Executive Branch Transparency 601. Requirement for disclosure of Federal sponsorship of all Federal advertising or other communications (a) Requirement Except as provided for in subsection (b), each advertisement or other communication paid for by an agency, either directly or through a contract awarded by the agency, shall include a prominent notice informing the target audience that the advertisement or other communication is paid for by that agency. (b) Exceptions The requirement in subsection (a) shall not apply to an advertisement or other communication— (1) that is 200 characters or less; or (2) that is distributed through a short message service. (c) Advertisement or other communications defined In this section, the term advertisement or other communication includes— (1) an advertisement disseminated in any form, including print or by any electronic means; and (2) a communication by an individual in any form, including speech, print, or by any electronic means. 602. Improving access to influential executive branch official’s visitor access records (a) Disclosure of White House visitor access records Not later than 30 days after the date of the enactment of this Act, and monthly thereafter, the President shall disclose to the public all White House visitor access records for the previous month that are redacted in accordance with subsection (c). (b) Disclosure of agency visitor access records Not later than 30 days after the date of the enactment of this Act, and monthly thereafter, the head of each agency shall disclose to the public all visitor access records for the previous month for such agency head that are redacted in accordance with subsection (c). (c) Information not disclosed The President under subsection (a), and the head of the relevant agency under subsection (b), as the case may be, may determine to not disclose the following information pursuant to this section: (1) Any information— (A) that implicates personal privacy or law enforcement concerns (such as date of birth, social security number, and contact phone number); (B) that implicates the personal safety of White House staff (including daily arrival and departure); or (C) whose release would so threaten national security interests that it outweighs a strong presumption in favor of the public’s interest in disclosure. (2) For a non-renewable period of up to a year, any information related to purely personal guests of the first and second families), but only if the executive branch’s interest in protecting an unfettered consultation conducted in secret strongly outweighs the public’s interest in an accountable Government free of corruption and political influence. (3) Any information related to a small group of particularly sensitive meetings (such as visits of potential Supreme Court nominees). 603. Improving access to budget justifications by the Office of Management and Budget (a) In general Beginning with the budget for fiscal year 2016, not later than 24 hours after the date on which the President submits the budget under section 1105 of title 31, United States Code, the Director of the Office of Management and Budget shall make all budget justifications available online in a searchable, sortable, machine readable, and downloadable format and any electronic version of the budget shall provide a link to each budget justification by the Office of Management and Budget. (b) Definition As used in this section, the term budget justifications refers to the documents an agency submits to the Committees on Appropriations of the House of Representatives and Senate in support of its budget request. The Office of Management and Budget prescribes justification materials, which typically explain changes between the current appropriations and the amounts requested for the next fiscal year and may be referred to in the budget submission of the President under section 1105(a) of title 31, United States Code. 604. Improving rulemaking disclosure for the Office of Information and Regulatory Affairs (a) Inclusion in the rulemaking docket of documents and communications related to the implementation of centralized regulatory review As soon as practicable, and not later than 15 days after the conclusion of centralized regulatory review for a draft proposed or draft final rule, the Administrator of the Office of Information and Regulatory Affairs shall include in the rulemaking docket the following: (1) A copy of the draft proposed or draft final rule and supporting analyses submitted to the Office of Information and Regulatory Affairs for review. (2) A copy of the draft proposed or draft final rule that incorporates substantive changes, if any, made to the rule as part of implementing centralized regulatory review. (3) A document describing in a complete, clear, and simple manner all substantive changes made by the Office of Information and Regulatory Affairs to the draft proposed or draft final rule submitted by the agency to Office for review. (4) A copy of all documents and written communications (including all electronic mail and electronic mail file attachments), and a summary of all oral communications (including phone calls, phone conferences, and meetings), exchanged as part of the implementation of the centralized regulatory review between or among any of the following: (A) The agency responsible for the rule. (B) The Office of Information and Regulatory Affairs. (C) Any other office or entity within the Executive Office of the President. (D) An agency that is not the agency responsible for the rule. (E) An individual who is not employed by— (i) the executive branch of the Federal Government; or (ii) an agency that is not the agency responsible for the rule. (b) Definitions In this section: (1) Centralized regulatory review The term centralized regulatory review means the institutional process of Presidential oversight of individual agency rules governed by Executive Order 12866 (58 Fed. Reg. 51735; relating to regulatory planning and review), or any successor to such Executive order. (2) Rule The term rule has the meaning given that term in section 551 of title 5, United States Code. (c) Rule of construction Nothing in this section shall be construed to preempt or displace the disclosure requirements under any other provision of law affecting administrative procedure, if such requirements are not inconsistent with the requirements of this section. 605. Improving E-filing data collection and distribution for non-profits (a) Mandatory electronic filing Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Mandatory electronic filing Any organization required to file a return under this section shall file such return in electronic form. . (b) Inspection of electronically filed annual returns Subsection (b) of section 6104 of such Code is amended by adding at the end the following: Any annual return required to be filed electronically under section 6033(n) shall be made available by the Secretary to the public in a database that is searchable, sortable, machine readable, and downloadable. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 606. Improving ease of online access to registration information from agents of foreign principals (a) Improving Online Access Section 6(d)(1) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 616(d)(1) ) is amended by striking in a searchable, sortable, and downloadable manner and inserting in a format which is directly searchable, sortable, downloadable, and machine-readable . (b) Effective Date The amendment made by subsection (a) shall take effect upon the expiration of the 30-day period which begins on the date of the enactment of this Act. 607. Agency defined In this title, the term agency has the meaning given that term under section 551 of title 5, United States Code. VII Strengthening the Freedom of Information Act 701. Digital access to completed responses to the Freedom of Information Act (a) Requirement (1) Database of completed FOIA requests Each agency shall make available all materials contained in the agency’s completed response to a request under section 552 of title 5, United States Code (in this section referred to as a FOIA request ) in a structured database or in a searchable, sortable, downloadable, machine-readable database within 2 months after the date the FOIA request was completed. (2) Electronic format All information is presumed to be available in an electronic format as described in paragraph (1) unless the agency demonstrates that excessive cost would place an undue burden on the agency. (b) Public availability All information included in the agency’s completed response to a FOIA request shall be made available to the public electronically and without cost through each agency’s website. 702. Explanation required for creation of exemption in the Freedom of Information Act Section 552(b)(3)(B) of title 5, United States Code, is amended by inserting with an explanation for the exemption after specifically cites to this paragraph . 703. FOIAonline for agencies Not later than 180 days after the date of the enactment of this Act, the head of each agency shall use FOIAonline to log, track, and publish all requests received under section 552 of title 5, United States Code. 704. Agency defined In this title, the term agency has the meaning given that term under section 551 of title 5, United States Code. VIII Improving transparency within the judicial system 801. GAO study on video recording of Supreme Court proceedings (a) In general The Comptroller General of the United States, in consultation with the Judicial Conference of the United States, shall conduct a study on the effect on the Supreme Court of the United States of video recording oral arguments before the Supreme Court, and making those video recordings publicly available on the Internet website of the Supreme Court at the same time that they are recorded, including the effect on costs, and on the atmosphere of such arguments. (b) Report Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress the findings of the study conducted pursuant to subsection (a). 802. Audio recording of Supreme Court proceedings The Chief Justice of the United States shall ensure that the audio of an oral argument before the Supreme Court of the United States is recorded and is made publicly available on the Internet website of the Supreme Court at the same time that it is recorded. 803. Availability on the Internet of financial disclosure reports of judicial officers Section 103 of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 103 ), as amended by this Act, is further amended by inserting at the end the following: (n) The Judicial Conference shall make available any report filed with it under this title by a judicial officer within 48 hours of the applicable submission deadline on the website of the Judicial Conference in a searchable, sortable, downloadable, machine-readable format. . 804. GAO audit of PACER Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of the public access to court electronic records system maintained by the Administrative Office of the United States Courts, and shall submit to Congress, the Administrative Office of the United States Courts, and any other appropriate Federal agency or office, a report that contains the results of the audit, along with any recommendations for improving the public access to court electronic records system. IX Enforcement 901. Audits by the Government Accountability Office (a) Audit requirement The Comptroller General shall conduct annual audits of the implementation of the provisions in this Act, and shall submit annually to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the audits. (b) Matters covered by audits Audits conducted under this section shall address whether the congressional and executive branch data that is required to be provided to the public through the Internet is each of the following: (1) Complete Made available, except for data that is subject to privacy, security, or privilege exemptions. (2) Primary Collected at the source, with the highest possible level of granularity, not in aggregate or modified forms. (3) Timely Made available as quickly as necessary to preserve the value of the data. (4) Accessible Available to the widest range of users for the widest range of purposes. (5) Machine processable Reasonably structured to allow automated processing. (6) Non-discriminatory Available to anyone, with no registration requirement. (7) Non-proprietary Available in a format over which no entity has exclusive control. (8) License-free Not subject to any copyright, patent, trademark, or trade secret regulation (with reasonable privacy, security, and privilege restrictions). (c) Current standards Audits conducted under this section shall also address whether the data provided to the public under this Act is produced and maintained using current standards for data publication.
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113-hr-4246
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I 113th CONGRESS 2d Session H. R. 4246 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Reichert (for himself, Mr. Matheson , and Mr. Gary G. Miller of California ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide construction, architectural, and engineering entities with qualified immunity from liability for negligence when providing services or equipment on a volunteer basis in response to a declared emergency or disaster.
1. Short title This Act may be cited as the Good Samaritan Protection for Construction, Architectural, and Engineering Volunteers Act . 2. Findings The Congress finds the following: (1) The construction, architectural, and engineering industries provide a valuable service in times of disasters and emergencies. (2) The construction, architectural, and engineering industries answered the call on September 11, 2001, and the days afterwards to assist in the search, recovery, and clean-up efforts in New York City and Arlington, Virginia, as well as in the aftermath of Hurricane Katrina. (3) The expertise and equipment brought forth for the search, recovery, and other efforts greatly advanced and improved the efficiency of these efforts. (4) Such efforts by the construction, architectural, and engineering industries make it safer for police, firefighters, and other rescue workers to work on search and recovery efforts. (5) The services provided by the construction, architectural, and engineering industries improve the safety of the public by the assessment, containment, and mitigation of conditions that threaten life and property. (6) Construction companies and architectural and engineering entities were faced with lawsuits as a result of their voluntary efforts on behalf of their fellow citizens in New York City and the Gulf Coast. (7) Providing construction contractors and architectural and engineering entities qualified immunity from liability when providing services in this type of volunteer activity helps to ensure that such services will be available in the future in times of need. 3. Provision of qualified immunity from liability for negligence to construction, architectural, and engineering entities when providing services or equipment on a volunteer basis in response to a declared emergency or disaster (a) Liability protection When a construction entity provides emergency construction assistance, or an architectural or engineering entity provides emergency architectural or engineering assistance, on a voluntary basis, in good faith, and without expectation of compensation, and the entity or an employee of such entity negligently causes harm, the entity and the employee, if applicable, are not jointly, severally, or individually liable in damages for that harm. Nothing in this section shall be construed as providing immunity for gross negligence or willful misconduct. (b) Definitions In this section: (1) The term construction entity means a person, sole proprietorship, partnership, limited liability company, or corporation in the regular business of providing construction assistance. (2) The term architectural or engineering entity means a person, sole proprietorship, partnership, limited liability company, or corporation in the regular business of providing architectural or engineering assistance. (3) The term construction assistance means materials, labor, equipment, or services for construction-related activities, including construction, demolition, repair, clean-up, alteration, and remediation. (4) The term architectural or engineering assistance means professional services of an architectural or engineering nature, as defined by State law, if applicable, that are required to be performed or approved by a licensed professional architect or engineer. (5) The terms emergency construction assistance and emergency architectural or engineering assistance mean construction assistance and architectural or engineering assistance, respectively, provided— (A) at the direction of a public official acting in an official capacity; and (B) in response to or arising out of a declared Federal, State, or local emergency or disaster, whether the assistance is provided before or after the formal declaration of emergency or disaster. (c) Relationship to State law (1) Preemption This section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that it does not preclude a State from providing a higher amount of protection from liability, or from providing reimbursement for costs or expenses as authorized by State or local law. (2) Workers compensation This section does not apply to liability under workers compensation laws.
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113-hr-4247
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I 113th CONGRESS 2d Session H. R. 4247 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Ruiz (for himself, Mr. Swalwell of California , Mr. Takano , Mr. Enyart , Mr. Roe of Tennessee , and Mr. Heck of Nevada ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to provide that disabled veterans with a disability rating greater than or equal to 70 percent receive preference with respect to employment in the competitive service, and for other purposes.
1. Short title This Act may be cited as the Disabled Veterans Jobs Opportunity Act . 2. Hiring preference for disabled veterans with at least 70 percent disability rating (a) In general Section 3309 of title 5, United States Code, is amended— (1) by striking and at the end of paragraph (1); (2) by striking the period at the end of paragraph (2); and (3) by adding at the end the following new paragraph: (3) a preference eligible under section 2108(3)(C) of this title with a service-connected disability or combination of service-connected disabilities rated as not less than 70 percent disabling by the Secretary of Veterans Affairs—15 points. . (b) Effective date (1) In general The amendments made by subsection (a) shall apply with respect to any examination for entrance into the competitive service taken on or after the date of enactment of this section. (2) Examinations prior to date of enactment of this section (A) In general With respect to any individual who received a passing grade on such an examination in 2014 but before the date of enactment of this section, the relevant hiring agency shall send notification to any such individual to determine whether such individual is eligible for the additional points provided by paragraph (3) of section 3309 of title 5, United States Code (as added by subsection (a) of this section). (B) Deadline Beginning on the date that an individual receives notification under subparagraph (A), such individual shall have 30 days to respond to the relevant hiring agency in order to receive credit for such points.
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113-hr-4248
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I 113th CONGRESS 2d Session H. R. 4248 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Takano (for himself and Mr. Flores ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require institutions of higher education to disseminate information with respect to the completion rates, employment rates, and retention rates of recipients of GI Bill funding.
1. Short title This Act may be cited as the Veterans Education Outcomes Act . 2. Information dissemination with respect to recipients of GI Bill funding Section 485(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended— (1) in paragraph (1)(Q)— (A) in clause (iii), by striking and ; and (B) by adding and at the end of clause (iv); and (C) by adding at the end the following: (v) are recipients of educational assistance provided under chapter 30 or 33 of title 38, United States Code, or chapter 1606 of title 10, United States Code; ; and (2) by adding at the end the following: (8) The information disseminated under subparagraphs (E), (L), (R), (S), and (U) of paragraph (1) shall be disaggregated by the recipients of educational assistance provided under chapter 30 or 33 of title 38, United States Code, or chapter 1606 of title 10, United States Code, if the number of students in such subgroup is sufficient to yield statistically reliable information and reporting will not reveal personally identifiable information about an individual student. If such number is not sufficient for such purposes, then the institution shall note that the institution enrolled too few of such students to so disclose or report with confidence and confidentiality. .
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113-hr-4249
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I 113th CONGRESS 2d Session H. R. 4249 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Ms. Titus (for herself, Mr. Vargas , Ms. Fudge , Mr. Huffman , Mr. Cartwright , Ms. Moore , Mr. Conyers , Mr. Polis , Ms. Clarke of New York , Ms. Clark of Massachusetts , Mr. Cárdenas , Mr. Johnson of Georgia , Mr. Deutch , and Mr. Serrano ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to expand and improve Federal programs to reduce child hunger.
1. Short title This Act may be cited as the Helping Hungry Students Learn Act . 2. Findings Congress makes the following findings: (1) In 2012, nearly one in five children in America lived in a household that lacked access to nutritious food on a regular basis. That is 15.9 million American children who struggled with hunger at some time during the year. (2) Children who experience hunger are more likely to get sick and are more likely to be obese than those who do not. Children facing chronic hunger also find it more difficult to concentrate in school and tend to exhibit higher levels of behavioral, emotional, and academic problems. (3) Federal programs play an important role in addressing childhood hunger. In 2013, 21 million students participated in the free or reduced-price lunch program. Eleven million students participated in the free or reduced-price breakfast program. Three million low-income children received free meals during the summer months. Forty-seven percent of participants in the supplemental nutrition assistance program are under the age of 18. (4) On average, students who eat school breakfast achieve 17.5 percent higher scores on standardized math tests, and attend 1.5 more days of school each year than those who do not. Students who attend class more regularly are 20 percent more likely to graduate from high school. Participation in the school breakfast program is associated with children having a lower Body Mass Index. 3. School Lunch Program Section 9(b) of the Richard B. Russell National School Lunch Act is amended— (1) in paragraph (1)(A), by inserting after the third sentence the following: Notwithstanding any other provision of this Act and the Child Nutrition Act of 1966, for each school year beginning on or after the July 1 of the year following the year of enactment of the Helping Hungry Students Learn Act, the income guidelines for determining eligibility for free lunches shall be 185 percent of the applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (B) ; and (2) in paragraph (9)(B), by inserting at the end the following: (iii) Termination of reduced-price category Beginning with the school year beginning July 1 of the year following the year of enactment of the Helping Hungry Students Learn Act, no child shall be determined eligible for a reduced price lunch. . 4. School Breakfast Program (a) Universal school breakfast program Section 4(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(a) ) is amended— (1) by striking (a) There and inserting: (a)(1) There ; and (2) by adding at the end the following: (2) Universal school breakfast program For each school year beginning on or after the July 1 of the year following the year of enactment of the Helping Hungry Students Learn Act, each school participating in the school breakfast program under this section shall provide breakfast under the program to each student that desires such a breakfast at no cost to the student. . (b) National average payment rate Section 4(b)(1)(B) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(b)(1)(B) ) is amended by adding at the end the following: Notwithstanding any other provision of this Act or the Richard B. Russell National School Lunch Act, for each school year beginning on or after the July 1 of the year following the year of enactment of the Helping Hungry Students Learn Act, the national average payment for each breakfast served to any child shall be equal to the national average payment for each free breakfast served during the school year beginning July 1 of the year of enactment of the Helping Hungry Students Learn Act (which shall be adjusted pursuant to section 11(a) of the Richard B. Russell National School Lunch Act). . (c) Severe need assistance Section 4(d)(1) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(d)(1) ) is amended— (1) by striking (A) during and inserting: (A)(i) during ; (2) by striking (B) in and inserting (ii) in ; (3) by striking subparagraph (A) and inserting clause (i) ; (4) by striking met. and inserting met; and ; and (5) by adding at the end the following: (B) for each school year beginning on or after the July 1 of the year following the year of enactment of the Helping Hungry Students Learn Act, there is an alternative breakfast serving model to increase participation in the school breakfast program, such as by serving breakfast in the classroom or having a school breakfast cart. . 5. Summer Electronic Benefits Transfer for Children program The Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) is amended by adding at the end the following: 30. Summer Electronic Benefits Transfer for Children program (a) In general From the amount appropriated to carry out this section, the Secretary shall carry out a summer electronic benefits transfer for children program by awarding grants to States that desire to participate in such program to assist such States with the initial administrative costs of such participation. (b) Program requirements The summer electronic benefits transfer for children program carried out under this section shall have the same terms and conditions as the summer electronic benefits transfer for children demonstration project carried out under section 749(g) of the Agriculture, Rural Development, and Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111–80; 123 Stat. 2131), except that the Secretary shall prescribe an annual adjustment for the monthly benefit of $60 per child that is adjusted at the time that the annual adjustments are made for the national average payment rates for breakfasts and lunches (pursuant to section 11(a) of this Act). . 6. Weekends and holidays without hunger Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended by adding at the end the following: (l) Weekends and holidays without hunger (1) Definitions In this subsection: (A) At-risk school child The term at-risk school child has the meaning given the term in section 17(r)(1). (B) Eligible institution (i) In general The term eligible institution means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. (ii) Inclusions The term eligible institution includes— (I) an elementary or secondary school or school food service authority; (II) a food bank or food pantry; (III) a homeless shelter; and (IV) such other type of emergency feeding agency as is approved by the Secretary. (2) Establishment Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall establish a program under which the Secretary shall provide commodities, on a competitive basis, to State agencies for the purposes of enabling eligible institutions to carry out projects to provide nutritious food to at-risk children on weekends and during extended school holidays during the school year. (3) Applications To participate in the program under this subsection, a State agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (4) Eligibility (A) In general To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the State agency involved at such time, in such manner, and containing such information as the State agency may require. (B) Plan An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children under the project to be carried out under this subsection, including— (i) methods of food service delivery to at-risk school children; (ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; (iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; (iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and (v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. (5) Priority In selecting applications under this subsection, a State agency shall give priority to eligible institutions that— (A) have on-going programs and experience serving populations with significant proportions of at-risk school children; (B) have a good record of experience in food delivery and food safety systems; (C) maintain high-quality control, accountability, and recordkeeping standards; (D) provide children with readily consumable food of high nutrient content and quality; (E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non-Federal sources to carry out projects; and (F) demonstrate the ability to continue projects for the full approved term of the pilot project period. (6) Guidelines (A) In general The Secretary shall issue guidelines containing the criteria for eligible institutions to receive commodities under this section from State agencies. (B) Inclusions The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account— (i) geographical variations in project locations that will be carried out by eligible institutions to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; (ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and (iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary— (I) to analyze and evaluate the results of the pilot project; and (II) to make recommendations to Congress. (7) Evaluation (A) Interim evaluation Not later than November 30, 2016, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. (B) Final report Not later than December 31, 2018, the Secretary shall submit to Congress a final report that contains— (i) an evaluation of the pilot program carried out under this subsection; and (ii) any recommendations of the Secretary for legislative action. (8) Funding (A) Authorization of appropriations There is authorized to be appropriated to carry out this subsection such sums as are necessary, to remain available until expended. (B) Availability of funds Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection. .
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113-hr-4250
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I 113th CONGRESS 2d Session H. R. 4250 IN THE HOUSE OF REPRESENTATIVES March 13, 2014 Mr. Whitfield (for himself and Mr. Dingell ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to provide an alternative process for review of safety and effectiveness of nonprescription sunscreen active ingredients and for other purposes.
1. Short title This Act may be cited as the Sunscreen Innovation Act . 2. Regulation of nonprescription sunscreen active ingredients Subchapter A of chapter V ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: 524B. Procedures for classifying sunscreen active ingredients (a) In general The Secretary shall review and determine whether nonprescription sunscreen conditions are generally recognized as safe and effective and shall ensure that any such conditions that are marketed in the United States are appropriately labeled. (b) Definitions (1) Active ingredient The term active ingredient means any component that is intended to furnish pharmacological activity or other direct effect in the diagnosis, cure, mitigation, treatment, or prevention of disease, or to affect the structure or function of the body of humans or animals. The term includes components that may undergo chemical change in the manufacture of a drug and may be present in a drug in a modified form intended to furnish the specified activity or effect. (2) Sunscreen active ingredient The term sunscreen active ingredient means an active ingredient that absorbs, reflects, or scatters radiation in the ultraviolet range at wavelengths from 290 to 400 nanometers. (3) Sunscreen condition The term sunscreen condition means a sunscreen active ingredient (or a combination of sunscreen active ingredients), dosage form, dosage strength, or route of administration, marketed for a specific nonprescription use. (c) Criteria for eligibility To be eligible for review under this section, a sunscreen condition shall— (1) not be included in the stayed sunscreen monograph; and (2) have been marketed as a nonprescription sunscreen condition in the United States or at least 1 other country, or marketed as a cosmetic or dietary supplement in 1 or more counties other than the United States— (A) for a minimum of 5 continuous years; and (B) in sufficient quantity, as determined by the Secretary based upon the information submitted under subparagraphs (D) and (E) of subsection (d)(1) and, if applicable, subsection (d)(2)(A)(ii). (d) Application for eligibility (1) In general A sponsor of a nonprescription sunscreen condition described in subsection (c) desiring to market such condition in the United States may submit an application to the Secretary, in such manner and containing such information as required by the Secretary, including the following: (A) Basic information about the sunscreen condition (including a description of each active ingredient, pharmacologic class, intended nonprescription use, nonprescription strength and dosage form, route of administration, and directions for use). (B) A detailed chemical description of the sunscreen active ingredient that includes a full description of the drug substance, including its physical and chemical characteristics, the method of synthesis (or isolation) and purification of the drug substance, and any specifications and analytical methods necessary to ensure the identity, strength, quality, and purity of the drug substance, including reference to the current edition of the official National Formulary, the United States Pharmacopeia, or foreign compendiums, where applicable. (C) A list of each country in which the sunscreen condition has been marketed. (D) The cumulative total number of dosage units sold for each dosage form of the sunscreen condition, including total weight of the active ingredient, package size for each dosage form in which the condition is marketed as nonprescription, and an estimate of the minimum number of potential consumer exposures to the condition. (E) The use pattern (according to the label) for each country in which the sunscreen condition is marketed and any changes in use pattern that have occurred over time. (F) A list of all countries in which the sunscreen condition has been withdrawn from marketing or in which an application for nonprescription marketing approval has been denied and an explanation for such withdrawal or application denial. (2) Sunscreen conditions that have not been marketed in the United States for 5 continuous years (A) In general In the case of an application with respect to a nonprescription sunscreen condition that has not been marketed in the United States for 5 continuous years, in addition to the information required under paragraph (1), the sponsor shall submit the following information for each country in which the sunscreen condition has been marketed: (i) The manner in which the sunscreen condition has been marketed to consumers. If the sunscreen condition is marketed to consumers as a nonprescription pharmacy only condition, the Secretary may require supplemental information. (ii) A description of the population demographics and the source from which this information has been compiled, to ensure that the sunscreen condition's use can be reasonably extrapolated to the population of the United States. (iii) A description of the country’s system for identifying adverse drug experiences, especially those found in nonprescription marketing experience, including method of collection if applicable. (iv) A statement of how long the sunscreen condition has been marketed in each country and how long the current product labeling has been in use, accompanied by a copy of the current product labeling, including a translation into English of any labeling that is not in English, and a statement of whether the current product labeling has been authorized, accepted, or approved by a regulatory body in each country where the condition is marketed. (v) A list of all countries where the sunscreen condition is marketed as a prescription drug only and an explanation for such restriction. (B) Sunscreen conditions that have been marketed in more than 5 countries (i) In general In the case of a sunscreen condition that has been marketed as a nonprescription sunscreen in more than 5 countries, with a minimum of 5 continuous years of marketing in at least one such country, the sponsor— (I) may submit information in accordance with clauses (i) through (iv) of subparagraph (A) with respect to only 5 such countries, including— (aa) the country with a minimum of 5 continuous years of nonprescription marketing; (bb) the country with the longest duration of marketing; and (cc) the country with the most support for marketing, such as a large volume of sales with cultural diversity among users of the product; and (II) shall explain the basis for the countries selected under subclause (I); and (III) shall provide information from more than 5 countries if such information is needed to support the application. (ii) Requirement If the sunscreen condition meets the criteria under items (aa) through (cc) of clause (i)(I) in 1 or more countries listed in section 802(b)(1)(A), at least 1 such country shall be included among the 5 countries selected under such clause (i)(I). (3) Pending applications The requirements of this subsection shall not apply to a sunscreen condition deemed eligible for review of safety and effectiveness by publication of a notice of eligibility in the Federal Register prior to the date of enactment of the Sunscreen Innovation Act . Applications for such sunscreen conditions shall be considered in accordance with subsection (g). (e) Public availability If a condition is found eligible under subsection (d), the Secretary shall make the application publicly available, with redactions for confidential commercial information or trade secret information, and any other information exempt from disclosure pursuant to section 1905 of title 18, United States Code, section 552(b) of title 5, United States Code, or section 301(j) of this Act. Applications shall remain confidential during the Secretary's consideration of eligibility. (f) New sunscreen condition application (1) Eligibility determination Not later than 60 days after the submission of an eligibility application under subsection (d), the Secretary shall determine if the sunscreen condition is eligible for further review for safety and effectiveness. In the case of a sunscreen condition determined to be eligible, the Secretary shall publish a notice of eligibility in the Federal Register, and provide interested persons an opportunity to submit published and unpublished data related to the safety and effectiveness of the sunscreen condition for its intended nonprescription uses, in accordance with paragraph (2). In the case of a sunscreen condition determined not eligible, the Secretary shall issue a letter to the sponsor, which shall be made publicly available. (2) Safety and effectiveness data submissions (A) In general Within 60 days of the publication in the Federal Register of an application deemed eligible, as described in paragraph (1), the sponsor and other interested parties shall submit safety and effectiveness data to the Secretary for further review, as described in subparagraph (B). (B) Required submissions regarding data Submissions under this paragraph shall include the following: (i) Human safety data (I) Individual active components With respect to individual active components, controlled studies, partially controlled or uncontrolled studies, documented case reports, pertinent marketing experiences that may influence a determination as to the safety of each individual active component, and pertinent medical and scientific literature. (II) Combinations of individual active components With respect to combinations of the individual active components, controlled studies, partially controlled or uncontrolled studies, documented case reports, pertinent marketing experiences that may influence a determination as to the safety of combinations of the individual active component, and pertinent medical and scientific literature. (ii) Efficacy data (I) Individual active components With respect to individual active components, controlled studies, partially controlled or uncontrolled studies, documented case reports, pertinent marketing experiences that may influence a determination on the efficacy of each individual active component, pertinent medical and scientific literature. (II) Combinations of individual active components With respect to combinations of the individual active components, controlled studies, partially controlled or uncontrolled studies, documented case reports, pertinent marketing experiences that may influence a determination on the efficacy of combinations of the individual active components, and pertinent medical and scientific literature. (iii) Data setting forth medical rationale and purpose A summary of the data and views setting forth the medical rationale and purpose (or lack thereof) for the sunscreen condition and the scientific basis (or lack thereof) for the conclusion that the condition has been proven safe and effective for the intended use. If there is an absence of controlled studies in the material submitted, an explanation as to why such studies are not considered necessary must be included. (iv) Official drug monograph An applicable United States Pharmacopoeia or National Formulary for the sunscreen active ingredient or a proposed standard for inclusion in an article to be recognized in an official drug monograph for the active ingredient, including information showing that the official or proposed compendial monograph for the active ingredient is consistent with the active ingredient used in the studies establishing safety and effectiveness and with the active ingredient marketed in the nonprescription product to a material extent and for a material time. If differences exist between the official or proposed compendial monograph for the active ingredient and the active ingredient that is the subject of the application, sponsor shall explain such differences. (v) Adverse drug experiences A list of all serious adverse drug experiences, as defined by the Secretary, from each country where the condition has been or is currently marketed as a prescription drug or as a nonprescription drug or product. (C) Optional animal safety data In addition to the information required under subparagraph (B), the sponsor may submit information with respect to animal safety data, including controlled studies and partially controlled or uncontrolled studies, in the case of an application for individual active components, and controlled studies and partially controlled or uncontrolled studies in the case of an application for combinations of individual active components. (D) Confidentiality of submissions The Secretary shall make data and information submitted by the sponsor, or pursuant to a notice requesting safety and effectiveness data published in the Federal Register, publicly available, with redactions for confidential commercial information or trade secret information, and any other information exempt from disclosure pursuant to section 1905 of title 18, United States Code, section 552(b) of title 5, United States Code, or section 301(j) of this Act. (3) New sunscreen condition application submission to the advisory committee Not later than 30 days after the end of the public comment period described in paragraph (2), the Secretary shall submit the application and the safety and effectiveness data submitted under paragraph (2) to the Nonprescription Drugs Advisory Committee (referred to in this section as the advisory committee ) for review. (g) Pending sunscreen condition applications Not later than 30 days after the date of enactment of the Sunscreen Innovation Act , the Secretary shall submit to the advisory committee all safety and effectiveness data submitted with respect to each application for review of sunscreen conditions that the Secretary had determined, prior to the date of enactment of the Sunscreen Innovation Act , to be eligible for review of safety and effectiveness and for which the information required under subsection (f)(2) has been submitted to the Secretary prior to such date of enactment. (h) Review and recommendation for nonprescription sunscreen condition (1) In general The Secretary shall require the advisory committee to evaluate the safety and effectiveness data submitted in accordance with subsection (f)(2) or (g). (2) Standards In evaluating a nonprescription sunscreen condition under paragraph (1), the advisory committee shall use the regulations in effect at the time of the application, including regulations with respect to— (A) the safety of the nonprescription sunscreen condition; (B) the effectiveness of the nonprescription sunscreen condition; (C) the benefit-to-risk ratio of the nonprescription sunscreen condition; and (D) the labeling of the nonprescription sunscreen condition. (3) Communications between advisory committee and other individuals who submit data The advisory committee shall have the authority to communicate with the sponsor and other individuals who submit data during the advisory committee's review, including requesting clarification or additional information. (4) Recommendations (A) In general For each such submission under subsection (f)(3) or (g), the advisory committee shall make one of the following recommendations to the Secretary: (i) The sunscreen condition is generally recognized as safe and effective (including any or all indications), including nonprescription sunscreen conditions for which a new drug application has been approved by the Secretary. (ii) Insufficient information has been provided to support a recommendation that the sunscreen condition is generally recognized as safe and effective (including any or all indications). (iii) The sunscreen condition is not generally recognized as safe and effective to be marketed or sold unless an application with respect to such condition is approved under section 505(b). (B) Timing The advisory committee shall make a recommendation under subparagraph (A) not later than 180 days after the advisory committee receives the application and data submitted under subsection (f)(3) or subsection (g). (C) Resubmission of data If the advisory committee recommends that insufficient information has been provided, in accordance with subparagraph (A)(ii), the advisory committee shall make such recommendation not later than 180 days after the date on which such additional information is submitted. (i) Determination by the Center for Drug Evaluation and Research (1) In general The Center for Drug Evaluation and Research shall respond to the recommendations of the advisory committee under subsection (h)(4) as follows: (A) In the case of a recommendation by the advisory committee described in clause (i) of subsection (h)(4), not later than 45 days after the advisory committee issues the recommendation, the Center for Drug Evaluation and Research shall issue a determination affirming or denying the recommendation of the advisory committee. If the Center for Drug Evaluation and Research affirms the recommendation of the advisory committee, or if the Center for Drug Evaluation and Research takes no action regarding the recommendation within 45 days of receiving such recommendation, the nonprescription sunscreen condition shall be generally recognized as safe and effective, not misbranded, and permitted to be marketed and sold in accordance with all applicable rules and regulations for over-the-counter drugs. (B) In the case of a recommendation described in clause (ii) of such subsection, the Center for Drug Evaluation and Research shall issue a determination affirming or denying the recommendation of the advisory committee, to be made publicly available, within 45 days of receiving the recommendation, and inform the sponsor that the sponsor must submit additional information to the advisory committee in order to continue the review by the advisory committee. (C) In the case of a recommendation described in clause (iii) of such subsection, the Center for Drug Evaluation and Research shall issue a determination affirming or denying the recommendation of the advisory committee, to be made publicly available, within 45 days of receiving such recommendation, and indicate whether such sunscreen condition determined to be not generally recognized as safe and effective to be marketed and sold unless an application with respect to such condition is approved under section 505(b), or whether additional data must be submitted to the advisory committee. (2) Supervisory review of determination (A) In general Any person may request a supervisory review of a determination of the Center for Drug Evaluation and Research to not accept a recommendation of an advisory committee. Such review may be conducted at the next supervisory or higher level above the individual who made the determination. (B) Request for supervisory review A request described in subparagraph (A) shall be made to the Secretary not later than 30 days after such decision and shall indicate in the request whether such person seeks an in-person meeting or a teleconference. The Secretary shall schedule an in-person or teleconference review, if so requested, not later than 30 days after such request is made. The Secretary shall issue a decision to the person requesting a review under this paragraph not later than 45 days after the meeting. (C) Standard of supervisory review The Secretary shall be authorized to overturn a determination of the Center for Drug Evaluation and Research not to accept a recommendation of the advisory committee if the supervisory review results in a decision by the reviewer that the individual who made the determination did not provide reasonable and sufficient substantive support for the decision to disregard the advisory committee's recommendation. (D) Supervisory review decision If the Secretary overturns a determination by the Center for Drug Evaluation and Research not to accept a favorable recommendation of an advisory committee, the nonprescription sunscreen condition shall be generally recognized as safe and effective, not misbranded, and permitted to be marketed and sold in accordance with all applicable rules and regulations for over-the-counter drugs. (E) Final agency action A decision made through supervisory review shall constitute final agency action subject to judicial review. (j) Reports (1) In general Not later than 1 year after the date of enactment of the Sunscreen Innovation Act , on March 1, 2015, and every 2 years thereafter, the Secretary shall issue a report to Congress describing actions taken under this section. (2) Contents The reports under paragraph (1) shall include— (A) a review of the progress made in issuing in a timely manner decisions on the safety and effectiveness for sunscreen conditions for applications pending as of the date of enactment of the Sunscreen Innovation Act , including the number of pending applications— (i) reviewed and the decision times for each application, measured from the date of original eligibility application submission by the sponsor; (ii) resulting in a determination of generally recognized as safe and effective and not misbranded; (iii) resulting in a determination of not generally recognized as safe and effective and not misbranded and the reasons for such determinations; and (iv) for which a determination has not been made, an explanation for the delay, a description of the current status of each such application, and the length of time such applications have been pending, measured from the date of original eligibility application submission by the sponsor; (B) a review of the progress made in issuing in a timely manner a decision on safety and effectiveness for sunscreen condition applications submitted after the date of enactment of the Sunscreen Innovation Act , including the number of such applications— (i) reviewed and the decision times for each application; (ii) resulting in a determination of generally recognized as safe and effective and not misbranded; and (iii) resulting in a determination of not generally recognized as safe and effective and not misbranded and the reasons for such determinations; (C) a description of the staffing and resources relating to the costs associated with the review and decisionmaking pertaining to applications; (D) a review of the progress in meeting the deadlines with respect to processing applications under this section; (E) to the extent the Secretary determines appropriate, recommendations for process improvements in the handling of pending and new applications; and (F) recommendations for expanding the applicability of this section to nonprescription active ingredients or conditions that are not related to the sunscreen category of over-the-counter drugs. (3) Method The Secretary shall publish the reports required under this subsection in the manner the Secretary determines to be the most effective for efficiently disseminating the report, including publication of the report on the Internet website of the Food and Drug Administration. (k) Rules of construction (1) Authority to withdraw or suspend Nothing in this section shall be construed to alter the Secretary's authority to withdraw or suspend from the market a drug that the Secretary determines to be unsafe or ineffective. (2) Other conditions Nothing in the section shall affect the Secretary's authority to review nonprescription conditions other than sunscreen conditions. . 3. Sunscreen testing and labeling Not later than 180 days after the date of enactment of this Act, the Secretary shall issue determinations with respect to— (1) the appropriate testing and labeling requirements for sunscreens sold as an aerosol; and (2) whether sunscreen may contain a label indicating a sun protection factor greater than 50.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4250ih/xml/BILLS-113hr4250ih.xml
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113-hr-4251
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I 113th CONGRESS 2d Session H. R. 4251 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Pascrell (for himself and Mr. Rooney ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to establish a surveillance system regarding traumatic brain injury, and for other purposes.
1. Short title This Act may be cited as the National Traumatic Brain Injury Research and Treatment Improvement Act of 2014 . 2. Findings (a) Findings The Congress finds as follows: (1) State data and monitoring systems provide reliable data on injury causes and risk factors, identify trends in the incidence of traumatic brain injury, enable the development of cause-specific prevention strategies focused on populations at greatest risk, and monitor the effectiveness of such strategies. (2) Since 1995, when the Centers for Disease Control and Prevention published Guidelines for Surveillance of Central Nervous System Injury, additional causes of traumatic brain injury have emerged: military-related traumatic brain injuries; sports-related concussions; traffic injuries resulting from texting while driving; and increasing numbers of falls-related traumatic brain injuries among older adults. (3) In their 2013 report, Sports-Related Concussions in Youth: Improving the Science, Changing the Culture, the Institute on Medicine and the National Research Council noted that there is currently a lack of data to accurately estimate the incidence of sports-related concussions across a variety of sports and for youth across the pediatric age spectrum. The report recommended that the Centers for Disease Control and Prevention establish and oversee a national surveillance system to accurately determine the incidence of sports-related concussions, including those in youth ages 5 to 21, taking into account Federal efforts to collect information on traumatic brain injury. (4) Traumatic brain injury is a substantial public health problem among older persons. As the population of older persons continues to grow in the United States, the need to design and implement proven and cost-effective prevention measures that focus on the leading causes of traumatic brain injury becomes more urgent. (5) In order to implement this Act, the Centers for Disease Control and Prevention needs to collaborate with Federal agencies reporting military-related traumatic brain injuries, school systems reporting traumatic brain injuries, Medicaid and other Federal programs, and State agencies. 3. Establishing requirements to improve the research and treatment of traumatic brain injury (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— (1) evaluate existing surveillance and data collections systems that track the incidence and circumstances of traumatic brain injury, including concussion; (2) not later than 9 months after the date of enactment of this Act, submit a report to the Congress outlining the findings of the evaluation under paragraph (1); and (3) establish a statistically sound, scientifically credible, integrated surveillance system regarding traumatic brain injury, to be known as the National Traumatic Brain Injury Surveillance System . (b) Research The Secretary shall ensure that the National Traumatic Brain Injury Surveillance System is designed in a manner that facilitates further research on brain injury. (c) Content In carrying out subsection (a), the Secretary— (1) shall provide for the collection and storage of information (excluding personally identifiable information) on the incidence and prevalence of traumatic brain injury, including concussion, in the United States across the lifespan; (2) to the extent practicable, shall provide for the collection and storage of other available information (excluding personally identifiable information) on traumatic brain injury, such as information concerning demographics and other information associated with the incidence of a traumatic brain injury, such as— (A) age; (B) race and ethnicity; (C) sex; (D) geographic location; (E) history of head injury (including injury type and the approximate date of injury); (F) pre-existing conditions, such as learning disabilities and attention deficit hyperactivity disorder; and (G) co-occurring issues, such as substance abuse or post-traumatic stress disorder; (3) to the extent practicable, shall provide for the collection and storage of information relevant to analysis on traumatic brain injury, such as information concerning— (A) impact location on the body and nature of the impact; (B) qualifications of personnel making the traumatic brain injury diagnosis; (C) assessment tool used to make the diagnosis; (D) signs and symptoms consistent with a head injury; (E) sport or activity and the level of competition (if a sports-related activity); (F) use of protective equipment and impact monitoring devices; and (G) severity of the traumatic brain injury; and (4) may address issues identified during the consultation process under subsection (d). (d) Consultation In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including— (1) epidemiologists with experience in disease surveillance or registries; (2) representatives of national health associations that— (A) focus on brain injury; and (B) have demonstrated experience in research, care, or patient services; (3) State public health agencies; (4) health information technology experts or other information management specialists; (5) clinicians with expertise in brain injury; (6) research scientists with experience conducting brain research or utilizing surveillance systems for scientific research purposes; (7) medical facilities of the Department of Veterans Affairs; and (8) behavioral health centers. (e) Grants The Secretary may award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this section. (f) Coordination with other federal agencies Subject to subsection (h), the Secretary shall make information and analysis in the National Traumatic Brain Injury Surveillance System available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Health Resources and Services Administration, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Education, the Department of Veterans Affairs, and the Department of Defense. (g) Public access Subject to subsection (h), the Secretary shall make information and analysis in the National Traumatic Brain Injury Surveillance System available, as appropriate, to the public, including researchers. (h) Privacy The Secretary shall ensure that privacy and security protections applicable to the National Traumatic Brain Injury Surveillance System are at least as stringent as the privacy and security protections under HIPAA privacy and security law, including nondisclosure of personally identifiable information. (i) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report shall include information on— (1) the development and maintenance of the National Traumatic Brain Injury Surveillance System; (2) the type of information collected and stored in the System; (3) the use and availability of such information, including guidelines for such use; and (4) the use and coordination of databases that collect or maintain information on traumatic brain injury. (j) Definition In this Act: (1) National health association The term national health association means a national nonprofit organization with chapters, other affiliated organizations, or networks in States throughout the United States. (2) HIPAA privacy and security law The term HIPAA privacy and security law has the meaning given to that term in section 3009 of the Public Health Service Act (42 U.S.C. 300jj–19). (3) Personally identifiable information The term personally identifiable information means information which can be used to distinguish or trace an individual’s identity (such as their name, social security number, or biometric records) either alone or when combined with other personal or identifying information which is linked or linkable to a specific individual (such as date of birth, place of birth, and mother’s maiden name). (4) Secretary The term Secretary means the Secretary of Health and Human Services. (5) Surveillance The term surveillance means the ongoing, systematic collection, analysis, interpretation, and dissemination of data (other than personally identifiable information) regarding a health-related event for use in public health action to reduce morbidity and mortality and to improve health. (6) Traumatic brain injury The term traumatic brain injury means an injury to the head arising from blunt or penetrating trauma or from acceleration or deceleration forces associated with one or more of the following: decreased level of consciousness, amnesia, objective neurologic or neuropsychological abnormalities, skull fractures, diagnosed intracranial lesions, or head injury listed as a cause of death in the death certificate. (k) Authorization of appropriations To carry out this Act, there are authorized to be appropriated such sums as may be necessary.
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113-hr-4252
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I 113th CONGRESS 2d Session H. R. 4252 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Rothfus introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Deposit Insurance Act to allow mutual capital certificates to satisfy capital requirements for mutual depositories, to amend the Revised Statutes of the United States to establish mutual national banks, and for other purposes.
1. Short title This Act may be cited as the Mutual Bank Choice and Continuity Act of 2014 . 2. Treatment of mutual capital certificates (a) In general Section 38 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831o ) is amended— (1) in subsection (b)(2)— (A) by redesignating subparagraphs (F) through (I) as subparagraphs (H) through (K), respectively; and (B) by inserting after subparagraph (E) the following new subparagraphs: (F) Mutual capital certificate The term mutual capital certificate means a financial instrument issued by a mutual depository pursuant to subsection (c)(1)(C) that— (i) is subordinate to all claims against such mutual depository; (ii) is unsecured by the assets of such mutual depository; (iii) does not permit preemptive rights; (iv) does not provide voting or member rights to the holder unless the board of directors of such mutual depository proposes to change the specific terms of any class of such certificates in a manner adverse to the interests of the holder; (v) is not eligible for use as collateral for any loan made by such mutual depository; (vi) if declared by the board of directors of such mutual depository, entitles the holder to a payment of fixed, variable, or participating dividends; and (vii) is not redeemable until the date that is 5 years after the date of issuance, except in the case of merger, conversion, or consolidation of such mutual depository, or reorganization of such mutual depository into a mutual holding company or a Federal mutual bank holding company (as such term is defined in section 5133A(a) of the Revised Statutes of the United States). (G) Mutual depository The term mutual depository means an insured depository institution operating in a non-stock form, including a Federal non-stock depository and any form of non-stock depository provided for under State law, the deposits of which are insured by an instrumentality of the Federal Government. ; and (2) in subsection (c)(1)— (A) in subparagraph (A), by inserting and subparagraph (C) after subparagraph (B)(ii) ; and (B) by inserting after subparagraph (B) the following new subparagraph: (C) Mutual capital certificates A mutual depository is authorized to issue mutual capital certificates that shall qualify as common equity Tier 1 capital (as such term is defined by the appropriate Federal banking agency) for purposes of any capital requirements mandated by any Federal law or regulation. . (b) Regulations Not later than 180 days after the date of enactment of this section, the appropriate Federal banking agencies shall jointly issue regulations to implement this section. 3. Chartering mutual national banks and establishing Federal mutual bank holding companies (a) In general Chapter 1 of title LXII of the Revised Statutes of the United States ( 12 U.S.C. 21 et seq. ) is amended by inserting after section 5133 the following new sections: 5133A. Mutual national banks (a) Definitions In this section and in section 5133B the following definitions shall apply: (1) Appropriate Federal banking agency The term appropriate Federal banking agency has the meaning given such term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (2) Depository institution subsidiary The term depository institution subsidiary means an insured depository institution that is a subsidiary (as such term is defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )) of a Federal mutual bank holding company. (3) Insured depository institution The term insured depository institution has the meaning given such term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (4) Federal mutual bank holding company The term Federal mutual bank holding company means a bank holding company operating in mutual form organized under section 5133B that owns, directly or indirectly, a majority of the shares of voting stock of each depository institution subsidiary. (5) Modification of a Federal mutual bank holding company The term modification of a Federal mutual bank holding company means— (A) the sale of shares of common or preferred stock in a depository institution subsidiary to any party other than the parent Federal mutual bank holding company of such depository institution subsidiary or a wholly owned subsidiary of that parent; (B) the voluntary grant of a lien on shares of common or preferred stock in a depository institution subsidiary; or (C) any action that affects the corporate structure of the Federal mutual bank holding company and materially impacts the rights of its members. (6) Mutual capital certificate The term mutual capital certificate has the meaning given such term in section 38(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1831o(b)(2)). (7) Mutual depository The term mutual depository means an insured depository institution operating in a non-stock form, including a Federal non-stock depository and any form of non-stock depository provided for under State law, the deposits of which are insured by an instrumentality of the Federal Government. (8) Mutual national bank The term mutual national bank means a mutual depository chartered by the Comptroller of the Currency under this section. (9) Mutuality The term mutuality means the quality of being an insured depository institution organized under a Federal or State law providing for the organization of non-stock depository institutions, or a holding company organized under a Federal or State law providing for the organization of non-stock entities that control one or more depository institutions. (10) National bank The term national bank means a banking association organized pursuant to section 5133. (11) Mutual member The term mutual member means each tax liable depositor in a mutual depository’s savings, demand, or other authorized depository accounts who is not a prior charter member. (12) Prior charter member The term prior charter member means each tax liable depositor in a mutual national bank that maintains under its prior mutual depository charter pursuant to subsection (d)(1)(B). (13) State bank The term State bank has the meaning given such term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (14) Tax liable depositor The term tax liable depositor means the single person responsible for paying any Federal taxes due on any interest paid on any deposits held within any savings, demand, or other authorized depository account. (b) Chartering mutual national banks Notwithstanding the provision designated the Third of section 5134, in order to establish mutual institutions operating in non-stock form for the deposit of funds, the extension of credit, and provision of other services, the Comptroller of the Currency may charter mutual national banks either de novo or through a conversion of any insured depository institution or any insured credit union (as such term is defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )), subject to regulations prescribed by the Comptroller of the Currency in accordance with this section. The powers conferred by this section are intended to provide for the creation and maintenance of mutual national banks as bodies corporate existing in perpetuity for the benefit of their depositors and the communities in which they operate. (c) Regulations (1) Regulations of the comptroller The Comptroller of the Currency is authorized to prescribe appropriate regulations for the organization, incorporation, examination, operation, and regulation of mutual national banks. (2) Applicability of capital stock requirements The Comptroller of the Currency shall prescribe regulations applicable to mutual national banks regarding the requirements of this title with respect to capital stock and the limitations imposed on national banks under this title based on capital stock. (d) Conversions (1) Conversion of a mutual depository to a mutual national bank Subject to such regulations as the Comptroller of the Currency may prescribe, a mutual depository that elects to convert to a mutual national bank shall submit to the Comptroller of the Currency a notice of its election to convert on a specified date that is on or after the date that is 30 days after the date on which the notice is filed. (A) Charter The mutual depository shall be converted to a mutual national bank and the Comptroller of the Currency shall issue a charter described in subsection (b) on the specified date described in paragraph (1). (B) Option to maintain mutual depository charter After converting and receiving a charter under subparagraph (A), such mutual national bank may continue to exercise the governance, investments, and authorities permitted under its prior mutual depository charter. (2) Conversion of a mutual national bank to a stock national bank Subject to such regulations as the Comptroller of the Currency may prescribe for the protection of the rights of mutual members and for any other purpose the Comptroller of the Currency may consider appropriate, any mutual national bank may reorganize as a national bank operating in stock form. (3) Conversion of a mutual national bank to a State bank Any mutual national bank may convert to a State bank in accordance with regulations prescribed by the Comptroller of the Currency and applicable State law. (e) Terminating mutuality A mutual national bank shall terminate mutuality by— (1) liquidating; or (2) converting to a national bank operating in stock form under subsection (d)(2) or to a State bank under subsection (d)(3). (f) Status and rights of members (1) In general The status of a mutual member or prior charter member is primarily as a depositor and secondarily as a holder of a contingent right to participate in the equity of such mutual national bank upon a liquidation or conversion pursuant to subsection (e). (2) Member rights (A) Prior charter member rights The status and rights of a prior charter members shall be governed by the law of the prior mutual depository charter. (B) Mutual member rights Each mutual member of a mutual national bank that receives a charter pursuant to subsection (b) shall have the following rights: (i) The right to vote for delegates to the board of directors of such mutual national bank. (ii) The right to attend any meeting of mutual members called by the board of directors of such mutual national bank. (iii) Any other rights agreed upon by contract between the mutual member and the mutual national bank. (3) Certain voting rights On questions requiring action by its mutual members, the mutual national bank shall provide in its charter that each such mutual member shall have either— (A) one vote per mutual member; or (B) one vote for each $100, or fraction thereof, of the withdrawal value of the mutual member’s account, but not more than 1,000 votes per mutual member. (4) Continuity of rights If a mutual national bank converts to a Federal mutual bank holding company pursuant to section 5133B, a mutual member or prior charter member of such mutual national bank shall have the same rights with respect to that Federal mutual bank holding company as such member had with respect to the mutual national bank immediately prior to such conversion. (5) Conversion rights If the board of directors of a mutual national bank, in its sole discretion, determines that a conversion described in paragraph (2) or (3) of subsection (d) is in the best interests of the community in which such bank operates, and the mutual members or prior charter members of such bank approve the conversion through a special proxy, then on a record date set by the board of directors such members shall have the first right to subscribe for and purchase stock in the converted bank. (6) Liquidation rights If a mutual national bank is liquidated by operation of law, or if the board of directors of a mutual national bank, in its sole discretion, determines a liquidation of such bank is in the best interests of the community in which such bank operates and the mutual members or prior charter members of such bank approve the liquidation, then on the date of liquidation, members of the liquidated mutual national bank shall have the right to have credited to their accounts, on a pro rata basis, any residual assets that remain after the liquidation of such bank. (g) Proxies (1) In general A mutual member may give a perpetual proxy to a committee of the board of directors of the mutual depository in writing or electronically. Such proxy may be used to vote on any issue requiring approval of the mutual members. (2) Use of proxies A proxy given under paragraph (1) may vote on the conversion of a mutual depository to a mutual national bank and any concurrent or subsequent reorganization to a Federal mutual bank holding company, except that absent a finding by the appropriate Federal banking agency of the mutual depository that action is needed to avoid loss to the Deposit Insurance Fund of the Federal Deposit Insurance Corporation or to protect the stability of the United States financial system, such proxy may not be used to vote in favor of— (A) terminating mutuality for a mutual national bank or a Federal mutual bank holding company; or (B) permitting the modification of a Federal mutual bank holding company. (3) Effect of conversion or reorganization A proxy given under paragraph (1) shall continue to be valid after the conversion of a mutual depository to a mutual national bank pursuant to subsection (d)(1)(A) and any concurrent or subsequent reorganization to a Federal mutual bank holding company. (4) Revoking a proxy A mutual member may revoke a proxy given under paragraph (1) in writing or electronically. The revocation shall be effective not later than 6 business days after it is made. (h) Conforming references Unless otherwise provided by the Comptroller of the Currency— (1) any reference in any Federal law to a national bank operating in stock form, including a reference to the term national banking association , member bank , national bank , national association , bank , insured bank , insured depository institution , or depository institution shall be deemed to refer also to a mutual national bank; (2) any reference in any Federal law to the term board of directors , director , or directors of a national bank operating in stock form shall be deemed to refer also to the board of a mutual national bank; and (3) any terms in Federal law that may apply only to a national bank operating in stock form, including the terms stock , share , shares of stock , capital stock , common stock , stock certificate , stock certificates , certificates representing shares of stock , stock dividend, transferable stock , each class of stock , cumulate such shares , par value , or preferred stock shall not apply to a mutual national bank. 5133B. Federal mutual bank holding companies (a) Reorganization of mutual national bank as a Federal mutual bank holding company (1) In general Subject to approval under the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. ), a mutual national bank may reorganize into a Federal mutual bank holding company by submitting a reorganization plan to the Board of Governors of the Federal Reserve System (hereinafter referred to as the Board of Governors ). (2) Plan approval A reorganization plan submitted under paragraph (1) requires the approval of— (A) a majority of the board of directors of the mutual national bank; and (B) a majority of mutual members or prior charter members of the mutual national bank at a meeting held at the call of the board of directors of such bank under the procedures prescribed by the charter or bylaws of such bank. (3) Conversion to a Federal mutual bank holding company Upon the approval of the reorganization plan submitted under paragraph (1) and the issuance of the appropriate charters— (A) the substantial part of the assets and liabilities of the mutual national bank, including all of the insured liabilities, shall be transferred to a national bank, a majority of the shares of voting stock of which is owned, directly or indirectly, by the mutual national bank that is to become a Federal mutual bank holding company; and (B) the mutual national bank shall become a Federal mutual bank holding company. (b) Ownership of depository institution subsidiaries To avoid terminating mutuality, a Federal mutual bank holding company must own, directly or indirectly, at least a majority of the shares of voting stock of each of its depository institution subsidiaries. (c) Terminating mutuality (1) Liquidating or converting A Federal mutual bank holding company shall terminate mutuality by liquidating or converting to a bank holding company operating in stock form. (2) No termination Notwithstanding paragraph (1), a reorganization of a mutual depository or a modification of a Federal mutual bank holding company may not terminate mutuality. (d) Retention of capital In connection with a reorganization described in subsection (a), a mutual national bank may retain capital at the holding company level in order to comply with the capital requirements of the Board of Governors for holding companies. (e) Other conversions (1) Conversion of a State mutual bank holding company to a Federal mutual bank holding company Subject to such regulations as the Board of Governors may prescribe, a mutual bank holding company organized under State law that elects to convert to a Federal mutual bank holding company— (A) shall submit to the Board of Governors a notice of its election to convert on a specified date that is on or after the date that is 30 days after the date on which the notice is filed; and (B) shall be converted to a Federal mutual bank holding company on such specified date. (2) Maintenance of original powers, governance, and authorities Upon conversion to a Federal mutual bank holding company, the entity may continue to exercise the powers, governance, and authorities permitted to it as a mutual bank holding company organized under State law. (3) Conversion of Federal mutual bank holding company to bank holding company Subject to such regulations as the Board of Governors may prescribe, any Federal mutual bank holding company that is organized under subsection (a) may reorganize as a bank holding company operating in stock form. (f) Rights of mutual holding company members Each tax liable depositor in a savings, demand, or other authorized depository account in depository institution subsidiary shall have the same rights with respect to the Federal mutual bank holding company as such depositor would have had if the depository institution subsidiary had been a mutual national bank. (g) Regulation A Federal mutual bank holding company shall be— (1) chartered by the Board of Governors and subject to its regulation and supervision; and (2) regulated under the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. ) on terms, and subject to limitations, comparable to those applicable to any other bank holding company. (h) Capital improvement (1) Pledge of stock of national bank subsidiary This section shall not prohibit a Federal mutual bank holding company from pledging all or a portion of the stock of the national bank chartered as part of a transaction described in subsection (a) to raise capital for such national bank. (2) Issuance of nonvoting shares This section shall not prohibit a national bank chartered as part of a transaction described in subsection (a) from issuing any nonvoting shares or less than 50 percent of the voting shares of such national bank to any person other than the Federal mutual bank holding company. (i) Insolvency and liquidation (1) In general Notwithstanding any other provision of law, the Board of Governors may file a petition under chapter 7 of title 11, United States Code, with respect to a Federal mutual bank holding company upon— (A) the default of any depository institution subsidiary, the stock of which is owned by the Federal mutual bank holding company; or (B) a foreclosure on a pledge by the Federal mutual bank holding company described in subsection (h)(1). (2) Distribution of net proceeds Except as provided in paragraph (3), the net proceeds of any liquidation of any Federal mutual bank holding company under paragraph (1) shall be transferred to persons who hold an interest in such Federal mutual bank holding company. (3) Recovery by FDIC If the Federal Deposit Insurance Corporation incurs a loss as a result of the default of any depository institution subsidiary that is liquidated under paragraph (1), the Federal Deposit Insurance Corporation shall succeed to the interests of the depositors of the depository institution subsidiary as members of the Federal mutual bank holding company to the extent of the Federal Deposit Insurance Corporation’s loss. (j) Conforming references Unless otherwise provided by the Board of Governors— (1) any reference in any Federal law to a bank holding company operating in stock form shall be deemed to refer also to a Federal mutual bank holding company; (2) any reference in any Federal law to the term board of directors , director , or directors of a national bank operating in stock form shall be deemed to refer also to the board of a Federal mutual bank holding company; and (3) any terms in Federal law that may apply only to a national bank operating in stock form, including the terms stock , shares , shares of stock , capital stock , common stock , stock certificate , stock certificates , certificates representing shares of stock , stock dividend , transferable stock , each class of stock , cumulate such shares , par value , or preferred stock shall not apply to a Federal mutual bank holding company unless the Board of Governors of the Federal Reserve System determines that context requires otherwise. (k) Limitation on Federal regulation of mutual depositories Except as otherwise provided in Federal law, the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation may not adopt or enforce any regulation that contravenes the corporate mutual governance rules prescribed by State law or regulation for mutual depositories unless the Comptroller, Board of Governors, or Corporation finds that the Federal regulation is necessary to assure the safety and soundness of the mutual depository. . (b) Table of contents amendment The table of sections for chapter 1 of title LXII of the Revised Statutes of the United States (12 U.S.C. 21 et seq.) is amended by inserting after the item relating to section 5133 the following new items: Sec. 5133A. Mutual national banks. Sec. 5133B. Federal mutual bank holding companies. . (c) Appropriate Federal banking agency for Federal mutual bank holding companies Section 3(q)(3) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(q)(3) ) is amended— (1) in subparagraph (F), by striking ; and and inserting a semicolon at the end; (2) in subparagraph (G), by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (G) the following new subparagraph: (H) supervisory or regulatory proceedings arising from the authority given to the Board of Governors under section 5133B of the Revised Statutes of the United States. . 4. Conversion of a mutual holding company to a Federal mutual bank holding company (a) In general A mutual holding company, including any form of mutual depository holding company provided for under State law, may convert to a Federal mutual bank holding company by filing with the Board of Governors of the Federal Reserve System a notice of its election to convert on a specified date that is on or after the date that is 30 days after the date on which the notice is filed, and such mutual holding company shall be converted to a Federal mutual bank holding company on such specified date. (b) Definitions In this section the following definitions apply: (1) Federal mutual bank holding company The term Federal mutual bank holding company has the meaning given such term in section 5133A(a) of the Revised Statutes of the United States. (2) Mutual holding company The term mutual holding company has the meaning given such term in section 10(o)(10) of the Home Owners’ Loan Act (12 U.S.C. 1467a(o)(10)).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4252ih/xml/BILLS-113hr4252ih.xml
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113-hr-4253
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I 113th CONGRESS 2d Session H. R. 4253 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Bishop of Utah (for himself, Mr. Amodei , Mr. Pearce , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To permanently withdraw, reserve, and transfer Bureau of Land Management lands used for military purposes in Alaska, Nevada, and New Mexico to the appropriate Secretary of the military department concerned.
1. Elimination of termination date (a) Short title This Act may be cited as the Bureau of Land Management Withdrawn Military Lands Efficiency and Savings Act . (b) In general Section 3015(a) of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 ) is amended by striking shall the first place it appears and all that follows through the period and inserting shall not terminate other than by an election and determination of the Secretary of the military department concerned or until such time as the Secretary of the Interior can permanently transfer administrative jurisdiction of the lands withdrawn and reserved by this Act to the Secretary of the military department concerned. . (c) Conforming amendment Section 3016 of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 ) is repealed.
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113-hr-4254
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I 113th CONGRESS 2d Session H. R. 4254 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Royce (for himself, Mr. Lowenthal , Mr. Wolf , and Ms. Loretta Sanchez of California ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary , Ways and Means , and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose sanctions on individuals who are complicit in human rights abuses committed against nationals of Vietnam or their family members, and for other purposes.
1. Short title This Act may be cited as the Vietnam Human Rights Sanctions Act . 2. Findings Congress finds the following: (1) Vietnam remains a one-party state, ruled and controlled by the Communist Party of Vietnam, which continues to deny the right of citizens to change their government. (2) According to the Department of State’s 2012 Country Reports on Human Rights Practices, Vietnam’s most significant human rights problems . . . continued to be severe government restrictions on citizens’ political rights, particularly their right to change their government; increased measures to limit citizens’ civil liberties; and corruption in the judicial system and police . (3) Furthermore, the Department of State documents that arbitrary arrest and detention, particularly for political activists, remained a problem , with the Government of Vietnam sentencing at least 35 arrested activists during [2012] to a total of 131 years in jail and 27 years of probation for exercising their rights . (4) The Government of Vietnam forbids public challenge to the legitimacy of the one-party state, restricts freedoms of opinion, the press, assembly, and association, and tightly limits access to the Internet and telecommunication. (5) The Government of Vietnam continues to limit freedom of religion, pressure all religious groups to come under the control of government and party-controlled management boards, and restrict the operation of independent religious organizations, including the Unified Buddhist Church of Vietnam and members of unsanctioned Mennonite, Cao Dai, Theravada Buddhist, and Hoa Hao Buddhist religious groups and independent Protestant house churches, primarily in the central and northern highlands. Religious leaders who do not conform to the Government’s demands are often harassed, arrested, imprisoned, or put under house arrest. (6) Enhancement of relations between the United States and Vietnam has provided an opportunity for a human rights dialogue, but is unlikely to lead to future progress on human rights issues in Vietnam unless the United States makes clear that such progress is an essential prerequisite for further enhancements in the bilateral relationship. 3. Imposition of sanctions on certain individuals who are complicit in human rights abuses committed against nationals of Vietnam or their family members (a) In general Except as provided in subsection (d), the President shall impose sanctions described in subsection (c) with respect to each individual on the list required by subsection (b). (b) List of individuals who are complicit in certain human rights abuses (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of individuals who are nationals of Vietnam that the President determines are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam. (2) Updates of list The President shall submit to the appropriate congressional committees an updated list under paragraph (1) as new information becomes available and not less frequently than annually. (3) Public availability The list required by paragraph (1) shall be made available to the public and posted on the Web sites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations In preparing the list required by paragraph (1), the President shall consider data already obtained by other countries and nongovernmental organizations, including organizations in Vietnam, that monitor the human rights abuses of the Government of Vietnam. (c) Sanctions described The sanctions described in this subsection are the following: (1) Prohibition on entry and admission to the United States An individual whose name appears on the list required by subsection (b)(1) may not— (A) be admitted to, enter, or transit through the United States; (B) receive any lawful immigration status in the United States under the immigration laws, including any relief under the Convention Against Torture; or (C) file any application or petition to obtain such admission, entry, or status. (2) Financial sanctions The President shall impose sanctions authorized pursuant to section 203 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 ) with respect to an individual whose name appears on the list required by subsection (b)(1), including blocking of the property of, and restricting or prohibiting financial transactions and the exportation and importation of property by, the individual. (d) Exceptions To comply with international agreements The President may, by regulation, authorize exceptions to the imposition of sanctions under this section to permit the United States to comply with 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 agreements. (e) Termination of sanctions The provisions of this section shall cease to have force and effect on the date on which the President determines and certifies to the appropriate congressional committees that the Government of Vietnam has— (1) unconditionally released all political prisoners; (2) ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Vietnam while engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of peaceful political activists in Vietnam and prosecuted those responsible. (f) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives. (2) Convention Against Torture The term Convention Against Torture means the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. (3) Immigration laws; national The terms immigration laws and national have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
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113-hr-4255
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I 113th CONGRESS 2d Session H. R. 4255 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Cartwright (for himself, Mr. Horsford , Mr. Connolly , Mr. George Miller of California , Mrs. Napolitano , Mr. Grijalva , Mr. Van Hollen , Mr. Nolan , Ms. Hahn , Ms. Slaughter , Ms. Lee of California , Mr. Farr , Mr. Honda , Ms. Loretta Sanchez of California , Ms. Eshoo , Ms. Speier , Mr. Hastings of Florida , Mr. Johnson of Georgia , Mr. Tonko , Mr. Fattah , Mr. Brady of Pennsylvania , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Lynch , Ms. Bonamici , Mr. DeFazio , Mr. Cohen , Mr. Cárdenas , Ms. Kaptur , Mr. Rush , Mr. Garcia , Mr. Neal , Ms. Pingree of Maine , Mr. Ellison , Mr. Pallone , Mr. Langevin , Ms. Norton , Mr. Doyle , Ms. Chu , Mr. Thompson of California , Mr. Conyers , Ms. Clark of Massachusetts , Mr. Rangel , Ms. Wilson of Florida , Ms. Shea-Porter , Ms. Lofgren , Ms. Brown of Florida , Mr. Carson of Indiana , Ms. Velázquez , Mr. Takano , Mr. Ruppersberger , Ms. Roybal-Allard , Mr. Gene Green of Texas , Mr. Clay , and Ms. DeLauro ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Federal Housing Finance Agency to establish a 6-month moratorium on foreclosure of mortgages guaranteed by Fannie Mae or Freddie Mac on homes of individuals who have lost Federal unemployment insurance as a result of the expiration of such program, and for other purposes.
1. Short title This Act may be cited as the Stop Foreclosures Due to Congressional Dysfunction Act of 2014 . 2. Mortgage foreclosure moratorium (a) Moratorium The Director of the Federal Housing Finance Agency shall prohibit mortgagees of eligible mortgages under subsection (c) from initiating a foreclosure, whether judicial or nonjudicial, or taking any action in furtherance of a foreclosure already initiated, including any foreclosure sale, with respect to any eligible mortgage during the foreclosure moratorium period under subsection (d) for such eligible mortgage. (b) Treatment of mortgage payments due during foreclosure moratorium period (1) Deferral of mortgage payments; interest due The Director shall provide that, during the foreclosure moratorium period with respect to an eligible mortgage— (A) the term of the mortgage shall toll; (B) any payments of principal and interest due under the mortgage shall be deferred; and (C) interest on outstanding principal due under the mortgage shall continue to accrue at the rate provided for under the mortgage. (2) Resumption of mortgage payments; amortization of interest accrued The Director shall provide that, upon the expiration of the foreclosure moratorium period with respect to an eligible mortgage— (A) the term of the mortgage, and the responsibility of the mortgagor to make payments of principal and interest due under the mortgage, shall resume; and (B) any interest accrued pursuant to paragraph (1)(C) shall be amortized, and payable, over the remaining term of the mortgage. (c) Eligible mortgage An eligible mortgage under this subsection is a mortgage that— (1) is owned, held, securitized, or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is a mortgage on a 1- to 4-family residence that is the principal residence of the mortgagor; (3) was current with respect to payments of principal and interest, and any taxes, insurance, and other amounts required to be paid in escrow, that were due under the mortgage as of the beginning of the foreclosure moratorium period with respect to such eligible mortgage; and (4) has a mortgagor who— (A) (i) received extended compensation or additional compensation for a week of unemployment ending at any time during the 7-day period ending January 1, 2014; (ii) has exhausted all rights to regular compensation under the unemployment compensation law of a State at any time during the period beginning January 1, 2014, and ending on the date of enactment of this Act and has remained continuously unemployed throughout such period; or (iii) exhausts all rights to regular compensation under the unemployment compensation law of a State at any time during the period beginning on the date of enactment of this Act and ending on July 1, 2014; and (B) as of the beginning of the foreclosure moratorium period with respect to such eligible mortgage, has a ratio of debt to income, as determined in accordance with such requirements as the Director shall establish, that was greater than 40 percent. (d) Foreclosure moratorium period The foreclosure moratorium period under this subsection with respect to an eligible mortgage shall be the 6-month period beginning upon— (1) in the case of an eligible mortgage of a mortgagor described in clause (i) or (ii) of subsection (c)(4)(A), the date of the enactment of this Act; and (2) in the case of an eligible mortgage of a mortgagor described in clause (iii) of subsection (c)(4)(A), the date on which such mortgagor exhausts all rights to regular compensation under the unemployment compensation law of a State. (e) Definitions For purposes of this section, the following definitions shall apply: (1) Director The term Director means the Director of the Federal Housing Finance Agency. (2) Eligible mortgage The term eligible mortgage means a mortgage that meets the requirements of subsection (c). (3) Foreclosure moratorium period The term foreclosure moratorium period means, with respect to an eligible mortgage, the period specified in subsection (d) for the mortgage. (4) Mortgagee The term mortgagee includes, with respect to an eligible mortgage, any creditor, servicer, or holder of such eligible mortgage, and any other person acting on behalf of any such creditor, servicer, or holder. (5) Regular compensation; extended compensation; additional compensation The terms regular compensation , extended compensation , and additional compensation have the meanings given such terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4255ih/xml/BILLS-113hr4255ih.xml
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113-hr-4256
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I 113th CONGRESS 2d Session H. R. 4256 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Stewart (for himself, Mr. Bishop of Utah , and Mr. Chaffetz ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to require, in counting the number of a species in a State for purposes of determining whether the species is an endangered or threatened species, inclusion of the number of the species on State and private lands as determined by the State, and for other purposes.
1. Short title This Act may be cited as the Endangered Species Improvement Act of 2014 . 2. Inclusion of number of a species on State and private lands in determinations under Endangered Species Act of 1973 (a) Requirement Section 4(b)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1353(b)(1) ) is amended by adding at the end the following: (C) In counting the number of a species in a State for purposes of determining under this section whether the species is an endangered species or threatened species, the Secretary shall count all of the species without regard to whether it is found on State, private, or tribal lands as determined by the State for purposes of recovery of the species and determination of listing status on the basis of the best scientific and commercial data available. . (b) Application The amendment made by subsection (a) shall apply beginning on the first day of the year of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4256ih/xml/BILLS-113hr4256ih.xml
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