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113-hr-4257
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I 113th CONGRESS 2d Session H. R. 4257 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Calvert (for himself, Mr. Rokita , Mr. Nunes , Mr. Cotton , Ms. Granger , and Mr. Issa ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To provide for a limitation on the number of civilian employees at the Department of Defense, and for other purposes.
1. Short title This Act may be cited as the Rebalance for an Effective Defense Uniform and Civilian Employees Act (REDUCE Act) . 2. Limitation on number of employees in the Department of Defense (a) Limitation on FTEs (1) In general Notwithstanding the requirements of section 129 of title 10, United States Code, and consistent with the requirements of subsection (d), in each of fiscal years 2021 through 2025, the number of full-time equivalent civilian positions in the Department of Defense may not be greater than 85 percent of the number of such positions at the Department as of September 30, 2015, as determined by the Director of the Office of Personnel Management. (2) SES Of the positions permitted pursuant to paragraph (1) for fiscal years 2021 through 2025 at the Department of Defense, not more than 1,000 may be career appointee (as defined in section 3132(a)(4) of title 5, United States Code) positions within the Senior Executive Service. (b) Voluntary reductions To achieve the reductions in personnel required by subsection (a), the Secretary of Defense may exercise the authority provided for— (1) voluntary separation incentive payments (subchapter II of chapter 35 of title 5, United States Code); and (2) voluntary early retirement payments (sections 8336(d)(2)(D) and 8414(b)(1)(B) of such title). (c) Involuntary reductions (1) In general Beginning on October 1, 2015, if voluntary reductions are inadequate to achieve the limitations provided in subsection (a), the Secretary of Defense shall separate employees using involuntary measures, including reductions in force. (2) RIF application Notwithstanding any other provision of law, rule, or regulation, when applying retention factors with respect to any employee during any reduction in force under paragraph (1), the Secretary of Defense shall assign greater weight to the performance factor over the other factors if such employee has a summary rating level of fully successful or better. (d) Adjustment of limit (1) Determination As soon as practicable after the start of each of fiscal years 2021 through 2025, the Secretary of Defense shall determine the difference (if any), expressed as a percentage, between the permanent active duty end strength minimum levels in effect under section 691(b) of title 10, United States Code, for the current fiscal year and the preceding fiscal year. (2) Adjustment On the date that the determination is made under paragraph (1), the Secretary shall adjust the limitations provided under subsection (a) with respect to the number of total full-time equivalent positions and Senior Executive Service positions by a percentage equal to the percentage determined under paragraph (1). (3) Achievement of adjustment After any adjustment under paragraph (2), in order to achieve the adjusted limitation for the applicable fiscal year, the Secretary (as the case may be)— (A) may hire individuals to occupy full-time equivalent positions; or (B) shall separate employees occupying such positions using the involuntary procedures provided under subsection (c). (4) Limitation on adjustment No adjustment may be made under this subsection that would result in the number of full-time equivalent positions and Senior Executive Service positions to be greater than the limitations on the number of such positions provided under subsection (a). (e) Reports (1) Secretary of Defense The Secretary of Defense— (A) shall include a report in the Secretary’s annual budget request for each of fiscal years 2017 through 2025 on the progress and impact of the requirements of this Act; and (B) may, in addition to the report required under subparagraph (A), report to Congress on the impact of such requirements at any time throughout any of such fiscal years. (2) GAO Not later than 3 years after the date of enactment of this Act, the Administrator of General Services shall submit a report to Congress examining the progress and impact of the requirements of this Act.
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113-hr-4258
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I 113th CONGRESS 2d Session H. R. 4258 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mrs. Napolitano (for herself, Ms. Gabbard , Ms. Hanabusa , Mr. Cartwright , Mr. Costa , Mr. Huffman , Mr. Lowenthal , Mr. Cárdenas , Mr. Ruiz , Mr. Sires , Mr. Grijalva , Mr. Ben Ray Luján of New Mexico , Ms. Lofgren , Mr. Larson of Connecticut , Ms. Hahn , Mr. Pastor of Arizona , Mr. Doggett , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize and update certain provisions of the Secure Water Act.
1. Short title This Act may be cited as the SECURE Water Amendments Act . 2. Authorized activities; eligibility; authorization of appropriations (a) In general Section 9504 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(H)— (i) in clause (i), by striking or at the end; (ii) in clause (ii), by striking the period and inserting ; or ; and (iii) by adding at the end the following: (iii) to plan for or address the impacts of drought. ; and (B) in paragraph (2)(A)— (i) by striking ; and and inserting ; or ; (ii) by striking (A) be located within the States and inserting the following: (A) be located in— (i) the States ; and (iii) by adding at the end the following: (ii) the State of Hawaii; and ; and (2) in subsection (e), by striking There is and all that follows through $200,000,000 and inserting There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2015 through 2023 . 3. Authorization of appropriations for national water availability and use assessment program Section 9508(e)(2) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10368(e)(2) ) is amended by striking $12,500,000 for the period of fiscal years 2009 through 2013 and inserting such sums as are necessary for the period of fiscal years 2014 through 2023 .
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113-hr-4259
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I 113th CONGRESS 2d Session H. R. 4259 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Ms. DelBene (for herself and Mr. Hanna ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to lower the cost of college education by establishing pilot programs to expand student access to digital course materials.
1. Short title This Act may be cited as the Electronic Books Opening Opportunity for Knowledge Act of 2014 or the E–BOOK Act of 2014 . 2. Findings Congress finds the following: (1) Rising costs are making it increasingly difficult for students and their families to afford a college education. (2) In addition to the growing price of tuition, fees, and room and board, the average college student in the United States must also spend more than $1,000 per year on textbooks and supplies. (3) New learning technologies in higher education provide a growing opportunity to reduce the cost of course materials for students and their families. (4) All students deserve the opportunity to obtain a high-quality education and acquire the skills needed to compete in 21st-century economy. 3. Purpose The purpose of this Act is to identify savings in the cost of public college education for undergraduate students by funding pilot programs in institutions of higher education to provide expanded access to digital course materials as part of their academic programs. 4. Grants to Expand Access to Digital Course Materials Title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161a et seq. ) is amended by adding at the end the following new part: BB Grants for the Expansion of Access to Digital Course Materials 891. Grants for Access to Digital Course Materials (a) Grants authorized (1) In General From amounts made available by the Secretary pursuant to subsection (g), the Secretary may award grants on a competitive basis to not more than 10 institutions of higher education to reduce the cost of attendance for undergraduate students by providing such students with expanded access to digital course materials. (2) Amount of funds to be awarded The Secretary shall determine the amount of funds to be awarded for each grant based on the number of students to be served under the grant, except that no grant under this section shall be in an amount that is more than $2,000,000. (b) Application An institution desiring to obtain a grant under this section shall submit an application to the Secretary at such time, in such form, and accompanied by such information, agreements, and assurances as the Secretary may reasonably require. (c) Preference In awarding grants under this section, the Secretary shall give preference to applications that demonstrate a commitment to serving disadvantaged students. (d) Use of Funds Each grant awarded under this section shall provide to an institution of higher education funds to support a pilot program for the institution to make digital course materials available to undergraduate students in at least two different academic departments. Such funds may be used for any of the following: (1) Purchasing and maintaining electronic equipment or software necessary for the operation of the pilot program, including mobile computer devices and accompanying hardware, software applications, computer systems and platforms, digital and online content, online instruction, and other online services and support. (2) Purchasing and maintaining digital and online content for the institution to make available electronically to instructors or students, including paying any copyright fees associated with the digital distribution of physical course materials. (3) Hiring staff for the administration of the pilot program, with priority given to hiring enrolled undergraduate students. (4) Building or acquiring extra storage space dedicated to equipment used for the pilot program. (5) Revising and adapting academic curricula as needed to implement the pilot program. (6) Acquiring such other goods or services as the Secretary determines appropriate. (e) Reporting requirements (1) Report to the Secretary After a period of time to be determined by the Secretary, each institution of higher education that receives a grant under this section shall submit to the Secretary a report that includes— (A) an assessment of the effectiveness of the pilot program funded by the grant in reducing the cost of attendance for students; (B) an assessment of any impact of the pilot program on student achievement; (C) an accounting of the purposes for which the grant funds were expended; and (D) any additional information the Secretary reasonably requires. (2) Report to Congress Not later than three years after the end of the first fiscal year in which a grant is awarded under this section, the Secretary shall submit to Congress a report on the effectiveness of the grants. Such report shall include— (A) an estimate by the Secretary of the amount of money saved by students who participate in the pilot programs; (B) a summary of the best practices developed in the pilot programs; (C) a description of the types of digital course materials used in the pilot programs, including electronic books, interactive and adaptive digital learning tools, and open educational resources; and (D) any recommendations the Secretary determines appropriate regarding future congressional action related to student access to digital course materials. (f) Definitions In this section: (1) Cost of attendance The term cost of attendance has the meaning given the term in section 472. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a), except that such term only includes public institutions. (3) Digital course materials The term digital course materials includes electronic books, portable document format and word-processing documents, Internet websites, interactive and adaptive digital learning tools, open educational resources, and other digital and online educational resources. (4) Open educational resources The term open educational resources means digital course materials that are made freely available online to the public with a permanent copyright license granting advance permission for the public to access, distribute, adapt, and otherwise use the work with appropriate attribution to the authors as set forth in the materials. (5) Mobile computer device The term mobile computer device means an electronic reader or tablet computer. (6) Disadvantaged student The term disadvantaged student means an undergraduate student who is— (A) from a low-income family; (B) a minority; or (C) from an economically or otherwise disadvantaged background. (g) Funding Of the funds made available in appropriation Acts for fiscal years 2015, 2016, and 2017 for the purpose of making competitive grants to institutions of higher education under this Act, the Secretary may make available to carry out this section not more than $20,000,000. (h) Sunset No grants may be awarded under this section after September 30, 2017. .
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113-hr-4260
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I 113th CONGRESS 2d Session H. R. 4260 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mrs. Ellmers (for herself, Mr. Thompson of Mississippi , and Ms. Eddie Bernice Johnson of Texas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ensure that the Ryan White Comprehensive AIDS Resources Emergency Act program is as effective as possible in saving lives and preventing the spread of the HIV epidemic by ensuring that funding allocations are evidenced-based and by promoting greater utilization of patient-centered care.
1. Short title; table of contents (a) Short title This Act may be cited as the Ryan White Patient Equity and Choice Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Prioritization of evidence-based funding allocations to address the continuum of HIV care. Sec. 3. Promotion of patient-centered care. 2. Prioritization of evidence-based funding allocations to address the continuum of HIV care (a) Ensuring funding is prioritized for areas where the HIV epidemic is growing Part E of title XXVI of the Public Health Service Act is amended— (1) by redesignating section 2689 of such Act ( 42 U.S.C. 300ff–88 ) as section 2689C; and (2) by inserting after section 2688 of such Act ( 42 U.S.C. 300ff–87a ) the following: 2689. General provisions on the distribution of grants Not later than September 30, 2014, the Secretary shall— (1) submit to Congress a report on whether the allocation of funding under the parts of this title enables areas where the HIV epidemic is growing to meet the need for medical services; and (2) include in such report a plan to ensure that— (A) areas where the HIV epidemic is growing are receiving sufficient funding to expand the provision of core medical services (as described in section 2604(c)) to eligible individuals; (B) rural areas with limited public transportation are able to expand the use of medical transportation services for eligible individuals in need of such services; and (C) the level of funds under parts A and B of this title in any State, per living individual with HIV/AIDS, does not vary by more than 5 percent relative to such total level in any other State. . (b) Use of Services To Eliminate Gaps in the Continuum of HIV Care (1) Use of funding for part A Section 2604(c) of the Public Health Service Act ( 42 U.S.C. 300ff–14 ) is amended— (A) in paragraph (2)(A)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (iii) approval of the waiver will positively contribute to the eligible area’s ability to ensure that all individuals eligible for core medical services under this title have been identified and are retained in care. ; (B) in paragraph (3)— (i) by striking subparagraph (M); (ii) by redesignating subparagraphs (A) through (L) as subparagraphs (B) through (M), respectively; and (iii) by inserting before subparagraph (B), as so redesignated, the following: (A) HIV care continuum services described in paragraph (4). ; and (C) by adding at the end the following new paragraphs: (4) HIV care continuum services The services referred to in paragraph (3)(A) are as follows: (A) HIV and sexually transmitted disease testing services described in section 2651(e)(1)(B). (B) HIV linkage to care services de- scribed in section 2651(e)(1)(C). (C) Medical case management, including care retention services and treatment adherence services. (5) Medical home (A) In general The Secretary shall ensure that each individual receiving core medical services described in paragraph (3) through a grant under this title has an identified medical home which includes a primary care team led by an experienced HIV medical provider. (B) Primary medical care and medical case management The Secretary shall ensure that, wherever possible, individuals receiving primary medical care and medical case management care coordination through a grant under this title obtain such care and coordination through a medical home described in subparagraph (A). . (2) Use of funding for part B Section 2612(b) of the Public Health Service Act ( 42 U.S.C. 300ff–22(b) ) is amended— (A) in paragraph (2)(A)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (iii) approval of the waiver will positively contribute to the State’s ability to ensure that all individuals eligible for core medical services under this title have been identified and are retained in care. ; and (B) by striking paragraph (3) and inserting the following: (3) Core medical services For the purposes of this subsection, the term core medical services , with respect to an individual infected with HIV/AIDS (including co-occurring conditions of the individual) has the meaning given to such term in section 2604(c)(3). (4) Medical home Section 2604(c)(5) applies with respect to core medical services under this title to the same extent and in the same manner as section 2604(c)(5) applies with respect to core medical services under part A. . (3) Use of funding for part C Section 2651 of the Public Health Service Act ( 42 U.S.C. 300ff–51 ) is amended— (A) in subsection (c)(2)(A)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (iii) that the approval of a waiver will positively contribute to the grantee’s ability to ensure that all individuals eligible for core medical services under this title have been identified and are retained in care. ; (B) in subsection (c), by striking paragraph (3) and inserting the following: (3) Core medical services For the purposes of this subsection, the term core medical services , with respect to an individual infected with HIV/AIDS (including co-occurring conditions of the individual) has the meaning given to such term in section 2604(c)(3). (4) Medical home Section 2604(c)(5) applies with respect to core medical services under this title to the same extent and in the same manner as section 2604(c)(5) applies with respect to core medical services under part A. ; (C) by amending subsection (e)(1)(B) to read as follows: (B) testing individuals with respect to HIV/AIDS and sexually transmitted diseases, including tests— (i) to confirm the presence of HIV and other sexually transmitted diseases; (ii) to diagnose the extent of deficiency in the immune system; and (iii) to provide information on appropriate therapeutic measures for preventing and treating— (I) the deterioration of the immune system; and (II) conditions arising from HIV/AIDS; ; (D) by amending subsection (e)(1)(C) to read as follows: (C) linkage to care services described in paragraph (2); ; and (E) by amending subsection (e)(2) to read as follows: (2) Linkage to care services The services referred to in paragraph (1)(C) shall assist individuals with HIV/AIDS in entering HIV medical care shortly after a positive HIV test result, and may include as appropriate— (A) referrals of individuals with HIV/AIDS to appropriate providers of health and support services, including, as appropriate— (i) to entities receiving amounts under part A or B for the provision of such services; (ii) to biomedical research facilities of institutions of higher education that offer experimental treatment for such disease, or to community-based organizations or other entities that provide such treatment; or (iii) to grantees under section 2671, in the case of a pregnant woman; (B) educating individuals with HIV/AIDS at the time of their diagnosis about the benefits of HIV medical care for improving personal health and preventing HIV transmission; (C) ensuring individuals with HIV/AIDS attend their first doctor visit; (D) coordinating with a medical case manager who will develop an HIV care plan; (E) assisting individuals with HIV/AIDS to re-engage into HIV medical care if they have dropped out of care; and (F) ensuring individuals with HIV/AIDS have an identified medical home (as described in subsection (c)). . (c) Enhancing treatment adherence through the provision of pharmaceutical services Section 2616 of the Public Health Service Act ( 42 U.S.C. 300ff–26 ) is amended by adding at the end the following: (h) Enhancing Treatment Adherence Through the Provision of Pharmaceutical Services (1) Extensive pharmacy networks In providing therapeutics pursuant to this section, a State shall offer pharmaceutical services through extensive pharmacy networks, including specialty pharmacies and pharmacies that focus on the HIV population. (2) No single retail chain A pharmacy network under paragraph (1) shall not be limited to a single retail chain. (3) Mail order services Pharmaceutical services provided pursuant to paragraph (1) may include mail order services, but only if— (A) such mail order services are optional; and (B) the patient continues to be able to choose the services of a community or other in-person pharmacist instead of mail order services. . 3. Promotion of patient-centered care (a) Establishment of a patient-Centered model of care Section 2691 of the Public Health Service Act ( 42 U.S.C. 300ff–101 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2)— (i) by striking to fund and inserting fund ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) fund projects that research and promote the utilization of patient-centered models of care. ; (2) in subsection (b)— (A) in paragraph (5), by striking or at the end; (B) in paragraph (6), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (7) whether the funding will promote the incorporation of the principles of patient-centered care, as described in subsection (f)(5), into the provision of support services under this title. ; and (3) by adding at the end the following: (f) Patient-Centered model of care projects (1) In general Of the amount used under subsection (a) for a fiscal year, the Secretary shall use the greater of $5,000,000 or an amount equal to 20 percent of such amount, but not to exceed $7,000,000, to award grants to one or more States for patient-centered model of care projects. (2) Projects described Projects funded under this subsection shall— (A) facilitate patient choice in the utilization of eligible services by eligible individuals through the use of Ryan White Savings Accounts described in paragraph (3); (B) increase patient knowledge of, and participation in, their care plan by facilitating greater transparency about providers, care options, costs, and medical outcomes; and (C) provide for patient-based evaluation of service providers. (3) Ryan White Savings Accounts (A) In general Services provided under this subsection for eligible individuals shall be funded through individual savings accounts— (i) to be known as Ryan White Savings Accounts; and (ii) to be established and overseen by the State receiving the grant for the project involved. (B) Account description The Secretary shall ensure that each Ryan White Savings Account meets the following: (i) Eligible individuals, with appropriate coordination with their care providers, have discretion to choose the eligible services to be funded through the Account. (ii) Each account shall be used exclusively for the purpose of paying for eligible services. (iii) The balance of each Account shall remain available for obligation until such time as— (I) the individual is no longer eligible to receive services; or (II) the project which relates to such Account terminates. (iv) If an individual’s Account becomes unavailable for obligation because the individual is no longer eligible for services, or because the project terminates, as described in clause (iii), the Secretary shall make the remaining balance in the Account available for other projects under this subsection. (4) Eligibility For purposes of this subsection: (A) Individuals An individual is eligible to participate in a project under this subsection and receive services through the project if the individual is eligible to receive services under any provision of this title other than this subsection. (B) Services The term eligible services , with respect to an eligible individual, means— (i) core medical services (as defined in section 2604(c)(3)); (ii) pharmaceutical services described in section 2616(h); and (iii) the following 2 types of support services: (I) Case management services. (II) Medical transportation services. (5) Principles of Patient-Centered Care The Secretary shall work to ensure that, where appropriate, projects funded under this section adhere to the following principles: (A) HIV care is customized and reflects patient needs, values, and choices. (B) Patient safety is a visible priority. (C) Transparency is the rule in the care of the patient. (D) The patient is the source of control for their care. (E) All caregivers cooperate with one another through a common focus on the best interests and personal goals of the patient. (6) Patient survey Each State receiving a grant under this subsection shall— (A) conduct a survey on patient satisfaction with services provided pursuant to the grant; and (B) report the results of the survey to the Secretary. (7) Definitions In this subsection: (A) The term case management services means advice and assistance in obtaining medical, social, community, legal, financial, and other needed services. (B) The term medical transportation services means conveyance services provided, directly or through a voucher, to a patient to enable him or her to access health care services. . (b) General provisions Part E of title XXVI of the Public Health Service Act ( 42 U.S.C. 300ff–81 et seq. ) is amended by inserting after section 2689A, as added by section 3, the following: 2689B. General provisions on the promotion of patient-centered care (a) In general Not later than September 30, 2014, the Secretary shall submit to Congress a proposed plan to incorporate the principles of HIV patient-centered care described in section 2691(f)(5) into the provision of services under all parts of this title. (b) Contents The plan under subsection (a) shall, at a minimum, include the following: (1) An assessment of current grantees’ utilization of patient-centered care across all services provided under all parts of this title. (2) An analysis of— (A) existing models of patient-centered care, including the projects funded under section 2691(f); and (B) the feasibility of implementing these models throughout programs and services funded under this title. . (c) Grantee utilization of patient-Centered care Section 2602(b)(4) of the Public Health Service Act ( 42 U.S.C. 300ff–12(b)(4) ) is amended— (1) in subparagraph (G), by striking and at the end; (2) in subparagraph (H), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (I) assess the extent to which the principles of HIV patient-centered care described in section 2691(f)(5) are incorporated into the provision of services within the eligible area. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4260ih/xml/BILLS-113hr4260ih.xml
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113-hr-4261
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I 113th CONGRESS 2d Session H. R. 4261 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Coffman (for himself, Mrs. Kirkpatrick , and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To improve the research of Gulf War Illness, the Research Advisory Committee on Gulf War Veterans’ Illnesses, and for other purposes.
1. Short title This Act may be cited as the Gulf War Health Research Reform Act of 2014 . 2. Improvements to Research Advisory Committee on Gulf War Veterans' Illnesses (a) Independence of Committee Subsection (b) of section 707 of the Veterans Health Care Act of 1992 ( Public Law 102–585 ; 38 U.S.C. 527 note) is amended— (1) by striking Not later than and inserting (1) Establishment.— Not later than ; and (2) by adding at the end the following new paragraphs: (2) Independence (A) The Committee established under paragraph (1) shall be an independent advisory committee which shall provide advice and counsel to the congressional veterans committees and to the Secretary of Veterans Affairs (as the head of the department designated under subsection (a) that established the Committee under paragraph (1)). (B) In carrying out the functions, powers, and duties of the Committee, the Committee shall be independent of the Secretary of Veterans Affairs. The Committee shall exert independent control of the budget allocations, staffing levels and expenditures, personnel decisions and processes, procurements, and other administrative and management functions of the Committee. The administration and management of the Committee shall be subject to the usual and customary Federal audit procedures. (3) Duties (A) The Committee shall provide to Congress, the Secretary of Veterans Affairs, and the heads of other departments and agencies of the Federal Government that conduct research on illnesses in Gulf War veterans advice with respect to proposed research studies, research plans, or research strategies relating to the health consequences of military service in the Southwest Asia theater of operations during the Gulf War. (B) The Committee may not conduct scientific research or review research proposals submitted to the Secretary of Veterans Affairs prior to funding. The Secretary shall appoint three members from the Committee who have appropriate scientific expertise to the committee designated to review such research proposals relating to illnesses in Gulf War veterans. (C) The guiding principle for the Committee shall be the premise that the fundamental goal of Gulf War health-related research, either basic or applied, conducted by the Federal Government is to ultimately improve the health of ill Gulf War veterans, and that the choice and success of research efforts shall be judged accordingly. The Committee shall assess the overall effectiveness of such research conducted by the Federal Government to answer central questions on the nature, causes, and treatments for health consequences of military service in the Southwest Asia theater of operations during the Gulf War. (D) The Committee shall meet in public session to review research funded by the Department of Veterans Affairs relevant to understanding and treating the health consequences of military service in the Gulf War, and the processes conducted to solicit, review, and select such funded research to assess methods, results, and implications of such research. The Committee may review research plans, initiatives, and activities from other departments and agencies of the Federal Government supporting research relating to the health consequences of military service in the Southwest Asia theater of operations during the Gulf War. (4) Reports and recommendations (A) Not later than December 1 of each year, the Committee shall submit to the congressional veterans committees and the Secretary of Veterans Affairs an annual report summarizing the activities of the Committee during the period covered by the report. (B) The Committee shall submit to the congressional veterans committees, the Secretary of Veterans Affairs, and the head of any other department or agency of the Federal Government that conducts research on illnesses in Gulf War veterans any other reports and recommendations of the Committee regarding Gulf War-related research. (C) Reports, recommendations, publications, and other documents of the Committee shall not be subject to review or approval by the Secretary of Veterans Affairs. (D) The Committee may submit to the Secretary of Veterans Affairs proposed recommendations of the Committee for comment for a period not to exceed 30 days. (E) Each report submitted by the Committee shall be approved by the Committee meeting in public session prior to such submission. (5) Membership (A) The Committee shall be composed of 12 members appointed as follows: (i) One member appointed jointly by the chairman of the congressional veterans committees, who shall serve as chairman of the Committee. (ii) Two members appointed by the chairman of the Committee on Veterans’ Affairs of the House of Representatives. (iii) Two members appointed by the chairman of the Committee on Veterans’ Affairs of the Senate. (iv) Two members appointed by the ranking member of the Committee on Veterans’ Affairs of the House of Representatives. (v) Two members appointed by the ranking member of the Committee on Veterans’ Affairs of the Senate. (vi) Three members appointed by the Secretary of Veterans Affairs, of whom not less than one shall be a veteran. (B) (i) The first 11 vacancies from among the members of the Committee (not including a member serving as chairman of the Committee) occurring on or after the date of the enactment of the Gulf War Health Research Reform Act of 2014 shall be filled by— (I) the chairman of the Committee on Veterans’ Affairs of the House of Representatives appointing a member for the first and sixth vacancy; (II) the chairman of the Committee on Veterans’ Affairs of the Senate appointing a member for the second and seventh vacancy; (III) the ranking member of the Committee on Veterans’ Affairs of the House of Representatives appointing a member for the third and eighth vacancy; (IV) the ranking member of the Committee on Veterans’ Affairs of the Senate appointing a member for the fourth and ninth vacancy; and (V) the Secretary of Veterans Affairs appointing a member for the fifth, tenth, and eleventh vacancy. (ii) A vacancy in the Committee of a member serving as chairman shall be filled jointly by the chairmen of the congressional veterans committees. (iii) Except as provided by clause (i) or (ii), a vacancy in the Committee of a member shall be filled in the manner in which the appointment of such member was made. A 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. (C) Of the members of the Committee who are appointed on or after the date of the enactment of the Gulf War Health Research Reform Act of 2014— (i) not fewer than three members shall be veterans; (ii) not fewer than eight members shall be scientists or physicians who have experience in biomedicine, epidemiology, immunology, environmental health, neurology, toxicology, or other appropriate disciplines; and (iii) the chairman shall be a veteran or an expert described in clause (ii), or both. (D) Each member of the Committee who is appointed on or after the date of the enactment of the Gulf War Health Research Reform Act of 2014 shall be appointed for a three-year term. Except as provided by section 2(c)(3) of such Act, a member may be reappointed once (not including the initial appointment of a member made before the date of the enactment of such Act). (6) Meetings (A) The Committee shall meet at the call of the chairman, but not less than twice annually. (B) A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (C) (i) The Secretary of Veterans Affairs, the head of the Office of Research and Development of the Department of Veterans Affairs, and the head of the Office of Public Health of the Department shall attend each meeting of the Committee. (ii) The Secretary of Veterans Affairs may delegate the attendance of the Secretary under clause (i) to a level not below the Deputy Under Secretary for Health of the Department of Veterans Affairs, but the Secretary shall attend at least one meeting each year without making such delegation. (D) Each meeting of the Committee shall be open to the public. (7) Compensation and staff (A) Except with respect to a member who serves a scientific director under subparagraph (C)(ii) and is treated as staff for purposes of compensation, each member of the Committee shall be paid at the daily rate provided for temporary and intermittent services under section 3109(b) of title 5, United States Code, for each day during which the member attends meetings of the Committee. (B) The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service of the Committee. (C) (i) The chairman of the Committee may appoint a staff of not more than four employees to provide the Committee scientific and administrative support. Such employees may be— (I) detailees of the Department of Veterans Affairs or other departments or agencies of the Federal Government; (II) individuals employed as temporary employees of the Federal Government; or (III) at the request of the chairman of the Committee, provided under a contract entered into by the Secretary of Veterans Affairs and a medical school or other medical research institution selected by the chairman of the Committee. (ii) The chairman of the Committee may appoint, from the members of the Committee, a scientific director to supervise the operations of the Committee. Such director shall count as one of the four employees authorized under clause (i). (iii) At the request of the chairman of the Committee, the Secretary of Veterans Affairs shall procure services from nongovernmental consultants to assist the Committee in preparing reports, background papers, and other material for consideration by the Committee. Such services may be procured under the contract described in clause (i)(III). (8) Application of Federal Advisory Committee Act (A) Except as otherwise provided by this subsection, the Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (B) The Secretary of Veterans Affairs shall consult with the chairman of the congressional veterans committees in designating an officer or employee of the Department under section 10 of the Federal Advisory Committee Act (5 U.S.C. App.). (C) Notwithstanding such section 10, such designated officer or employee may not have authority— (i) over the agenda or conduct of a meeting; (ii) to adjourn a meeting of the Committee; or (iii) to take any other action that is inconsistent with the independence of the Committee under paragraph (2). (9) Funding Amounts for the activities of the Committee shall be derived from amounts appropriated to the Department of Veterans Affairs for purposes of this subsection. (10) Termination (A) Except as provided by subparagraph (B), the Committee shall terminate on the date that is two years after the date on which the Committee submits to the congressional veterans committees, the Secretary of Defense, and the Secretary of Veterans Affairs a report (signed by not less than nine concurring members) explaining that each Secretary is carrying out an effective research program relating to the health consequences of military service in the Southwest Asia theater of operations during the Gulf War. (B) If during the two-year period described in subparagraph (A) the Committee notifies the congressional veterans committees, the Secretary of Defense, and the Secretary of Veterans Affairs that the information contained in the report submitted under subparagraph (A) is no longer applicable, the two-year period shall toll until the date on which the Committee submits a new report described in subparagraph (A). . (b) Definitions; redesignation; conforming amendments (1) Definitions Such section 707 is further amended by adding at the end the following new subsection: (f) Definitions In this section: (1) The term congressional veterans committees means the Committees on Veterans’ Affairs of the House of Representatives and the Senate. (2) The term Gulf War means the Southwest Asia theater of operations from August 2, 1990, to July 31, 1991. (3) The term Gulf War veteran means an individual who served as a member of the Armed Forces in the Gulf War. . (2) Redesignation Subsection (a) of such section 707 is amended by striking , and may redesignate from time to time, . (3) Conforming amendments Such section 707 is further amended— (A) in paragraph (1) of subsection (b), as designated by subsection (a)(1) and amended by paragraph (2)— (i) by inserting (in this subsection referred to as the Committee ) after an advisory committee ; and (ii) by striking and representatives of such veterans and inserting representatives of such veterans, and individuals from the scientific and medical community ; (B) by striking Persian Gulf theater of operations during the Persian Gulf War each place it appears and inserting Gulf War ; (C) by striking Persian Gulf War veterans each place it appears and inserting Gulf War veterans ; and (D) by striking during the Persian Gulf War each place it appears and inserting during the Gulf War . (c) Members currently serving (1) Membership Notwithstanding paragraph (5)(A) of subsection (b) of such section 707, as amended by subsection (a)(2), the chairmen and ranking members of the congressional veterans committees shall jointly designate 10 members of the Research Advisory Committee on Gulf War Veterans' Illnesses established pursuant to such subsection (b) who are serving as members as of the date of the enactment of this Act to continue to serve as members for periods determined pursuant to paragraph (2) rather than for the term for which the members were appointed before such date of enactment. (2) Period of service The chairmen and ranking members of the congressional veterans committees shall jointly determine the period of service of each member specified in paragraph (1) in a manner that staggers the periods of such members in periods of one, two, or three years beginning on the date of the enactment of this Act. In determining such staggered periods, the chairmen and ranking members shall take into account the order of filling vacancies pursuant to subsection (b)(5)(B) of such section 707, as amended by subsection (a)(2). Any vacancies occurring of such members shall be filled in accordance with such subsection. (3) New members Upon designating members under paragraph (1), the chairmen of the congressional veterans committees shall each appoint one additional member to the committee from among individuals who have not served on the Research Advisory Committee on Gulf War Veterans' Illnesses. Such appointments shall be treated as the first and second vacancies described in subclauses (I) and (II) of subsection (b)(5)(B)(i) of such section 707, as amended by subsection (a)(2), respectively. (4) Reappointment A member of the Committee specified in paragraph (1) who has served more than three years may not be reappointed after the period for the member specified in paragraph (2) expires. 3. Research case definition of Gulf War Illness (a) Standard definition Except as provided by subsection (b), the Secretary of Veterans Affairs shall ensure that any research conducted or funded by the Secretary on the chronic multisymptom illness that afflicts approximately 25 percent of Gulf War veterans— (1) refers to the illness as Gulf War Illness ; and (2) uses the research case definition of such illness that is recommended from time to time by the Research Advisory Committee on Gulf War Veterans' Illnesses established by section 707 of the Veterans Health Care Act of 1992 ( Public Law 102–585 ; 38 U.S.C. 527 note). (b) Alternative definition During any period in which the Research Advisory Committee on Gulf War Veterans' Illnesses has not recommended a research case definition for Gulf War Illness, the Secretary of Veterans Affairs shall ensure that any research on such illness conducted or funded by the Secretary uses a research case definition that is consistent with the definition of the term chronic multisymptom illness in Persian Gulf War veterans provided by section 805(e) of the Veterans' Benefits Act of 2010 ( Public Law 111–275 ; 124 Stat. 2890). (c) Advice The Research Advisory Committee on Gulf War Veterans' Illnesses shall submit to the Secretary of Defense advice regarding the best type of organization and process for the Gulf War Illness Research Program of the Congressionally Directed Medical Research Program to use to develop a research case definition of Gulf War Illness . 4. Studies and reports on Gulf War Illness (a) Conduct of new studies (1) Evaluation of animal studies In conducting or funding any study relating to illnesses of Gulf War veterans on or after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that such study is conducted in a manner such that animal studies are considered to the same extent in all respects as human studies. (2) Sufficient evidence of association In conducting or funding any study relating to illnesses of Gulf War veterans, or other health matters of veterans, on or after the date of the enactment of this Act, the Institute of Medicine of the National Academies shall ensure that such study is conducted in a manner that defines sufficient evidence of an association in the categories of association used in the study as the following: Evidence is sufficient to conclude that there is a positive association. That is, a positive association has been observed between an exposure to a specific agent and a health outcome in human or animal studies in which chance, bias, and confounding could be ruled out with reasonable confidence. . (b) Sense of Congress on national cohort study It is the sense of Congress that the Secretary of Veterans Affairs should conduct an additional follow-up study of a national cohort of Gulf War and Gulf-War-Era veterans that includes questions described in the Symptom Inventory Required to Ascertain Case Status for Gulf War Multisymptom Illness, as Defined by both the Fukuda and Kansas criteria published by the Research Advisory Committee on Gulf War Veterans’ Illnesses on June 9, 2012, in appendix F of the document titled Research Advisory Committee on Gulf War Veterans’ Illnesses Findings and Recommendations . (c) Sense of Congress on study on risk of developing multiple sclerosis, multiple sclerosis, Parkinson's disease, brain cancers, and other conditions It is the sense of Congress that the Secretary of Veterans Affairs should submit to the congressional veterans committees each report required by section 804 of the Veterans' Benefits Improvement Act of 2008 ( Public Law 110–389 ; 122 Stat. 4187). (d) Sense of Congress on previously conducted studies It is the sense of Congress that the Secretary of Veterans Affairs should— (1) seek to enter into an agreement with the Institute of Medicine of the National Academies to carry out the review described in section 805 of the Veterans' Benefits Act of 2010 ( Public Law 111–275 ; 124 Stat. 2890), regardless of any previous review conducted under such section, in a manner that ensures that the Institute of Medicine convenes to conduct the review a group of medical professionals who are experienced in treating individuals who served as members of the Armed Forces in the Southwest Asia Theater of Operations of the Persian Gulf War during 1990 or 1991 and who have been diagnosed with Gulf War illness, chronic multisymptom illness, or another health condition related to chemical and environmental exposure that may have occurred during such service; (2) seek to enter into an agreement with the Institute of Medicine to carry out the review described in section 1603 of the Persian Gulf War Veterans Act of 1998 (Public Law 105–277; 38 U.S.C. 1117 note), regardless of any previous review conducted under such section, addressing the matters originally reviewed by the Institute of Medicine in the reports titled Gulf War and Health: Volume 1. Depleted Uranium, Sarin, Pyridostigmine Bromide, and Vaccines , Gulf War and Health: Volume 2. Insecticides and Solvents , and Gulf War and Health: Volume 3. Fuels, Combustion Products, and Propellants ; and (3) not disseminate or use for research, clinical care, benefits, or any other purpose the results of the report of the Institute of Medicine titled Gulf War and Health Report: Volume 9. Treatment for Chronic Multisymptom Illness . (e) Sense of Congress on consultation It is the sense of Congress that the Secretary of Veterans Affairs should, prior to entering into a contract or agreement with the Institute of Medicine of the National Academies with respect to research or studies on the health of Gulf War veterans, obtain the advice of the Research Advisory Committee on Gulf War Veterans' Illnesses established by section 707 of the Veterans Health Care Act of 1992 ( Public Law 102–585 ; 38 U.S.C. 527 note) regarding the scope of work and the charge to be given to the Institute of Medicine. (f) Sense of Congress on inclusion of certain professionals in scientific or medical groups It is the sense of Congress that, in any contract requiring the Institute of Medicine of the National Academies to convene a committee to study the health of Gulf War veterans, the Secretary of Veterans Affairs should ensure that any such committee convened should contain not less than three members of the Research Advisory Committee on Gulf War Veterans' Illnesses established by section 707 of the Veterans Health Care Act of 1992 ( Public Law 102–585 ; 38 U.S.C. 527 note). (g) Sense of Congress on notification of undue influence It is the sense of Congress that the Secretary of Veterans Affairs should promptly notify the congressional veterans committees of any employee or contractor of the Federal Government whom the Secretary believes influenced, or attempted to influence, the outcome of a report or study on the health of Gulf War veterans conducted by the Department of Veterans Affairs or the Institute of Medicine of the National Academies if such influence was not related to a scientifically objective outcome. 5. Definitions In this Act: (1) The term congressional veterans committees means the Committees on Veterans’ Affairs of the House of Representatives and the Senate. (2) The term Gulf War means the Southwest Asia theater of operations from August 2, 1990, to July 31, 1991. (3) The term Gulf War veteran means an individual who served as a member of the Armed Forces in the Gulf War.
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113-hr-4262
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I 113th CONGRESS 2d Session H. R. 4262 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Duffy introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on 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 apply the requirements of the Federal Advisory Committee Act to the Bureau of Consumer Financial Protection.
1. Short title This Act may be cited as the Bureau Advisory Commission Transparency Act . 2. Application of FACA Section 1013 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5493 ) is amended by adding at the end the following: (h) Application of FACA Notwithstanding any provision of the Federal Advisory Committee Act (5 U.S.C. App.), such Act shall apply to each advisory committee of the Bureau. .
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113-hr-4263
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I 113th CONGRESS 2d Session H. R. 4263 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mrs. Brooks of Indiana (for herself, Mr. Payne , Mr. Palazzo , and Mr. Swalwell of California ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to authorize the Department of Homeland Security to establish a social media working group, and for other purposes.
1. Short title This Act may be cited as the Social Media Working Group Act of 2014 . 2. Social media working group (a) In general Title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) is amended by adding at the end the following new section: 318. Social media working group (a) Establishment The Secretary shall establish within the Department a social media working group (in this section referred to as the Group ). (b) Purpose In order to enhance information sharing between the Department and appropriate stakeholders, the Group shall provide guidance and best practices to the emergency preparedness and response community on the use of social media technologies before, during, and after a terrorist attack. (c) Membership (1) In general The Under Secretary for Science and Technology shall serve as the permanent chairperson of the Group, and shall designate, on a rotating basis, a representative from a State or local government who is a member of the Group to serve as co-chairperson. Membership of the Group shall be composed of a cross section of subject matter experts from Federal, State, local, tribal, and nongovernmental organization practitioners, including representatives from the following entities: (A) The Office of Public Affairs of the Department. (B) The Office of the Chief Information Officer of the Department. (C) The Privacy Office of the Department. (D) The Federal Emergency Management Agency. (E) The American Red Cross. (F) The United States Forest Service. (G) The Centers for Disease Control and Prevention. (H) The United States Geological Survey. (I) The National Oceanic and Atmospheric Administration. (2) Additional members The Under Secretary for Science and Technology shall appoint, on a rotating basis, qualified individuals to the Group. The total number of such additional members shall— (A) be equal to or greater than the total number of regular members under paragraph (1); and (B) include— (i) not fewer than three representatives from the private sector; and (ii) representatives from— (I) State, local, and tribal entities, including from— (aa) law enforcement; (bb) fire services; (cc) emergency management services; and (dd) public health entities; (II) universities and academia; and (III) non-profit disaster relief organizations. (d) Consultation with non-Members To the extent practicable, the Group shall work with existing bodies in the public and private sectors to carry out subsection (b). (e) Meetings (1) Initial meeting Not later than 90 days after the date of the enactment of this section, the Group shall hold its initial meeting. Such initial meeting may be held virtually. (2) Subsequent meetings After the initial meeting under paragraph (1), the Group shall meet at least twice each year, or at the call of the Chairperson. Such subsequent meetings may be held virtually. (f) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Group. (g) Reports Not later than March 30 of each year, the Group shall submit to the appropriate congressional committees a report that includes the following: (1) A review of current and emerging social media technologies being used to support preparedness and response activities related to terrorist attacks. (2) A review of best practices and lessons learned on the use of social media during the response to terrorist attacks that occurred during the period covered by the report at issue. (3) Recommendations to improve the Department’s use of social media. (4) Recommendations to improve information sharing among the Department and its components. (5) Recommendations to improve information sharing among State and local governments. (6) A review of available training for Federal, State, local, and tribal officials on the use of social media in response to a terrorist attack. (7) A summary of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 317 the following new item: Sec. 318. Social media working group. .
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113-hr-4264
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I 113th CONGRESS 2d Session H. R. 4264 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Fortenberry introduced the following bill; which was referred to the Committee on Agriculture A BILL To authorize the Secretary of Agriculture to enter into a lease involving the South Central Agricultural Laboratory in Clay County, Nebraska, to facilitate the improvement of the laboratory to support cooperative State and Federal agricultural research.
1. Lease authority, South Central Agricultural Laboratory, Clay County, Nebraska Subject to such terms and conditions as the Secretary of Agriculture considers appropriate to protect the interests of the United States, the Secretary may lease the South Central Agricultural Laboratory, consisting of approximately 640 acres in Clay County, Nebraska, to the Board of Regents of the University of Nebraska, which currently operates the laboratory pursuant to a revocable permit, in order to allow the Board of Regents to undertake capital improvements as necessary to maintain and conduct a cooperative State and Federal agricultural research program. The term of the lease may not exceed 20 years, but the Secretary may renew the lease for one or more additional 20-year periods.
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113-hr-4265
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I 113th CONGRESS 2d Session H. R. 4265 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Hunter (for himself, Mr. George Miller of California , Mr. Calvert , Mr. Peters of California , Mr. Vargas , and Mr. Cole ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary and the Attorney General to promptly take all steps necessary or appropriate to execute and implement the San Luis Rey settlement agreement, and for other purposes.
1. San Luis Rey Settlement Agreement Implementation The San Luis Rey Indian Water Rights Settlement Act (Public Law No. 100–675) is amended by adding at the end the following: 112. Implementation of settlement Congress finds that the City of Escondido, California, the Vista Irrigation District, the San Luis Rey River Indian Water Authority, and the Bands have approved in principle a settlement agreement, dated April 23, 2012, that conforms to the requirements of this Act. Notwithstanding any other provision of this Act, the Secretary and the Attorney General shall promptly take all steps necessary or appropriate to— (1) execute and implement that agreement on behalf of the United States, and (2) secure the entry of stipulated judgments or other final dispositions in the proceedings among these parties presently pending before the United States District Court for the Southern District of California and the Federal Energy Regulatory Commission. .
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113-hr-4266
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I 113th CONGRESS 2d Session H. R. 4266 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Ms. Matsui (for herself, Mr. Garamendi , and Mr. Bera of California ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of the South Sacramento County Agriculture and Habitat Lands Water Recycling Project in Sacramento County, California.
1. Authorization of Sacramento County, California, water reclamation project (a) In general The Reclamation Wastewater and Groundwater Study and Facilities Act (Title XVI of Public Law 102–575; 43 U.S.C. 390h et seq. ) is amended by adding at the end the following new section: 16__. Sacramento County, California, water reclamation project (a) Authorization The Secretary, in cooperation with the Sacramento Regional County Sanitation District, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater in accordance with subsection (b), within Sacramento County, California. (b) Phased project The project referred to in subsection (a) shall consist of three phases, the first of which shall include the planning, design, and construction of water conveyance and related infrastructure to provide recycled water to irrigate approximately 4,500 acres of land in southern Sacramento County. (c) Cost share (1) In general The Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. (2) Form of non-Federal share The non-Federal share may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the completion of the water reclamation and reuse project, including— (A) reasonable costs incurred by the Sacramento Regional County Sanitation District relating to the planning, design, and construction of the water reclamation and reuse project; and (B) the acquisition costs of land acquired for the project that is— (i) used for planning, design, and construction of the water reclamation and reuse project facilities; and (ii) owned by the Sanitation District and directly related to the project. (d) Limitation The Secretary shall not provide funds for the operations and maintenance of the project described in subsection (a). (e) Authorization of appropriations There is authorized to be appropriated to carry out this section, $30,000,000. . (b) Clerical amendment The table of sections in section 2 of Public Law 102–575 is amended by inserting after the last item relating to title XVI the following: Sec. 16__. Sacramento County, California, water reclamation project. .
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113-hr-4267
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I 113th CONGRESS 2d Session H. R. 4267 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. McAllister introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Commodity Exchange Act to provide relief for end users who use physical contracts with volumetric optionality.
1. Short title This Act may be cited as the Commodity Delivery Relief Act . 2. Relief for end users who use physical contracts with volumetric optionality Section 1a(47)(B)(ii) of the Commodity Exchange Act ( 7 U.S.C. 1a(47)(B)(ii) ) is amended to read as follows: (ii) any purchase or sale of a nonfinancial commodity or security for deferred shipment or delivery, so long as the transaction is intended to be physically settled, including any stand-alone or embedded option for which exercise results in a physical delivery obligation; .
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113-hr-4268
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I 113th CONGRESS 2d Session H. R. 4268 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Nunnelee (for himself, Mr. Thompson of Mississippi , Mr. Harper , and Mr. Palazzo ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, with respect to United States Route 78 in Mississippi, and for other purposes.
1. United States Route 78 in Mississippi Section 127 of title 23, United States Code, is amended by adding at the end the following: (j) United States Route 78 in Mississippi If any segment of United States Route 78 in Mississippi from mile marker 0 to mile marker 113 is designated as part of the Interstate System, no limit established under this section may apply to that segment with respect to the operation of any vehicle that could have legally operated on that segment before such designation. .
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113-hr-4269
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I 113th CONGRESS 2d Session H. R. 4269 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Polis (for himself and Mr. Payne ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to improve teacher and principal effectiveness, and for other purposes.
1. Short title This Act may be cited as the Great Teaching and Leading for Great Schools Act of 2014 . 2. State application Section 2112(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6612(b) ) is amended— (1) in paragraph (5)(B), by inserting and principals after to ensure that teachers ; (2) by amending paragraph (6) to read as follows: (6) A description of how the State educational agency will encourage the development of proven, innovative strategies to deliver intensive professional development programs that are both cost-effective and easily accessible, such as— (A) strategies that involve delivery through the use of technology, peer networks, and distance learning; (B) providing protected release time for educators to engage in collaborative team-based learning multiple times per week or several hours per week; and (C) leveraging resources such as teaching or leadership standards, formative assessments, teacher portfolio processes, evidence-based instructional practices, and educator development protocols to guide educator learning. ; (3) by amending paragraph (7)(A) to read as follows: (7) (A) A description of how the State educational agency will ensure compliance with the requirements for professional development activities described in section 9101 and— (i) include educator input, including that of teachers and principals, in the development, implementation, and revision of the system of professional learning; (ii) conduct a formal evaluation system under section 2113(c)(5) to evaluate the effectiveness of the system of professional learning described in paragraph (13) using funds under this subpart and subpart 2; and (iii) prepare, support, utilize, and incentivize internal principals, assistant principals, teacher leaders, coaches, or content experts to facilitate school-based professional learning. ; (4) in paragraph (8)— (A) by striking teachers and inserting educators ; and (B) by inserting and aligned with the individualized professional development goals informed by educator evaluations described in section 2113(c)(4) after subpart 2 ; and (5) by adding at the end the following new paragraph: (13) A description of how the State educational agency will assist schools in creating and implementing the teacher and principal evaluation system described in section 2113(c)(4). . 3. State use of funds (a) In general Section 2113(a)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(a)(3) ) is amended by adding at the end the following , except that not less than 50 percent of such funds shall be used for programs and activities to improve principal effectiveness . (b) State activities Section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ) is amended— (1) in the matter preceding paragraph (1), by striking one or more of the following activities and inserting the activities described in paragraphs (4) and (5) of this subsection and may use such funds to carry out one or more of the following other activities ; (2) in paragraph (1)— (A) by striking (1) and inserting (1) Certification and licensure.— ; (B) in subparagraph (A), by striking ; and and inserting a semicolon; (C) by amending subparagraph (B) to read as follows: (B) teacher certification (including recertification) or licensing requirements are aligned with challenging State academic content standards, such as— (i) implementing educator testing for subject matter knowledge; and (ii) implementing educator testing for State certification or licensing, including rigorous, performance-based assessments that reflect the authentic work of teachers or principals and are consistent with title II of the Higher Education Act of 1965; ; and (D) by striking subparagraph (C) and inserting the following: (C) funding projects that promote reciprocity of teacher and principal certification or licensing between or among States, except that no reciprocity agreement developed under this subparagraph or developed using funds provided under this part may lead to the weakening of any State teaching certification or licensing requirement; (D) teacher and principal licensure systems that provide a single license for entry into the profession for candidates who complete a State-approved teacher or principal preparation program (whether the program is based at an institution of higher education, local educational agency, or non-profit organization) and differentiate between— (i) a preliminary license for new teachers or principals focused on a demonstration of the competencies necessary to teach or lead in a classroom or school; and (ii) a professional license based on effectiveness, which may include data from robust teacher and principal evaluation systems; and (E) programs are carried out that establish, expand, or improve alternative routes for State certification of teachers and principals, especially in the areas of mathematics and science, for highly qualified individuals with a baccalaureate or master’s degree, including mid-career professionals from other occupations, paraprofessionals, former military personnel, and recent college or university graduates with records of academic distinction who demonstrate the potential to become highly effective teachers or principals. ; (3) in paragraph (2)— (A) by striking (2) and inserting (2) Support of teachers and principals.— ; (B) in the matter preceding subparagraph (A)— (i) by striking teachers or principals and inserting teachers, principals, and principal managers ; and (ii) by inserting induction or before support for teachers and principals new to their profession ; (C) in subparagraph (A)— (i) by striking teacher the first place it appears and inserting educator ; (ii) by inserting coaching, before team teaching ; and (iii) by striking ; and and inserting a semicolon; (D) in subparagraph (B)— (i) by striking standards or assessments and inserting standards, assessments, or evaluation systems ; (ii) by striking teachers and inserting educators ; and (iii) by striking the period at the end and inserting ; and ; and (E) by adding at the end the following new subparagraph: (C) invest in the capacity of principals, assistant principals, and teacher leaders to evaluate and provide professional learning opportunities to teachers, and in the capacity of principal managers to evaluate and provide professional learning opportunities for school leaders, such as training principal managers, principals, assistant principals, and teacher leaders on— (i) a shared vision of teacher or principal performance based on the State’s teaching or leadership standards; (ii) the use of teacher or principal evaluation and support systems; (iii) techniques for observing teacher or principal practice, including how to integrate various data sources into a comprehensive assessment of educator effectiveness; (iv) methods for providing strong coaching and feedback; and (v) the identification of differentiated learning, including the creation of professional learning communities opportunities as part of a targeted growth plan. ; (4) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); (5) by amending paragraph (3), as so redesignated to read as follows: (3) Recruitment and Retention Developing and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining effective educators, including teachers, specialists in core academic subjects, teacher leaders, assistant principals, principals, and pupil services personnel, such as— (A) developing comprehensive performance-based compensation systems as part of the local educational agency’s broader human capital management system; (B) strategies that provide differentiated pay and recognition for teachers and principals based on effectiveness and increased responsibilities such as— (i) incentives to work in high-need academic subjects or in high-poverty schools and districts; (ii) strategic staffing models that allow principals to bring a small team of effective educators to a low-performing school; (iii) increased autonomy in decisionmaking; or (iv) opportunities to lead professional development activities for other educators; and (C) a center that— (i) serves as a statewide clearinghouse for the recruitment and placement of kindergarten, elementary school, and secondary school teachers; and (ii) establishes and carries out programs to improve educator recruitment and retention within the State. ; and (6) by striking paragraphs (5) through (18) and inserting after paragraph (3), as so redesignated, the following new paragraphs: (4) Requirements for teacher evaluations Developing and implementing an evaluation and support system for teachers that is based on multiple measures, has not less than 3 levels of performance ratings for teachers, and includes the following minimum requirements: (A) Student academic outcomes (i) Student academic growth A factor of the evaluation is based on student academic growth with respect to the State’s academic standards, as measured by— (I) student learning gains on the State’s academic assessments administered under section 1111, which may be used in combination with other valid and reliable academic outcome measures with respect to the State’s academic standards for the school’s students, including students in each of the subgroups described in section 1111(b)(2)(C)(v)(II) (such as student learning objectives, or teacher, school, or local educational agency assessments, or student work (such as papers, portfolios, and projects)); or (II) for grades and subjects not covered by the State’s academic assessments, another valid and reliable assessment of student academic achievement, as long as the assessment is used consistently by the local educational agency in which the teacher is employed for the grade or class for which the assessment is administered. (ii) Graduation rates For a teacher in a secondary school, a portion of the evaluation is based on improvement in the school’s graduation rate, when applicable, or in the case of a secondary school with a graduation rate of more than 90 percent, on maintaining such graduation rate. (iii) Other academic outcomes A State may also choose to factor in other student academic outcomes, such as rates of student enrollment in advanced-level coursework and student grade completion, so long as student academic growth and graduation rates have a predominant focus in the factor of the evaluation relating to student academic outcomes. (B) Observations of teacher performance A portion of the evaluation is based on observations of the teacher’s performance in the classroom by more than one trained and objective observer— (i) that take place on several occasions during the school year for which the teacher is being evaluated; and (ii) under which— (I) a teacher is evaluated against a rigorous rubric that defines multiple performance categories in alignment with the State’s professional standards for teachers; and (II) observation ratings meaningfully differentiate among teachers’ performance and bear a relationship to evidence of student academic growth with respect to the State’s academic standards. (C) Meaningful differentiation The evaluation provides performance ratings that meaningfully differentiate among teacher performance using the performance ratings and levels described in paragraph (4). (D) Comparability of student gains The evaluation provides a measure of student learning gains that is comparable across the State for all teachers in grade levels and subject areas with a statewide assessment. (E) Comparability of results The evaluation provides results that are comparable, at a minimum, across all teachers within a grade level or subject area in the local educational agency in which the teacher is employed. (5) Requirements for principal evaluations Developing and implementing an evaluation system for principals of schools that connects to a system of support and development, and complies with the following minimum requirements: (A) Student academic outcomes (i) Growth and attainment A factor of the evaluation is based on a focus on student academic growth, student academic achievement, and other academic outcome measures (such as student learning objectives) with respect to the State’s academic standards of the school’s students, including students in each of the subgroups described in section 1111(b)(2)(C)(v)(II). (ii) Graduation rates For a principal of a secondary school, a portion of the evaluation is based on improvements in the school’s graduation rate, when applicable, or in the case of a secondary school with a graduation rate of more than 90 percent, the success of the principal in maintaining such graduation rate. (iii) Other academic outcomes A State may also choose to factor in other academic outcomes, such as rates of taking advanced-level coursework and grade completion. (B) Support of effective teachers A portion of the evaluation is based on the recruitment, development, evaluation, and retention of effective teachers. (C) Leadership practices A portion of the evaluation is based on the leadership practices of the principal, as measured by observations of the principal and other relevant data evaluated against a rigorous rubric that defines multiple performance categories in alignment with the State’s professional standards for principals. (D) Other leadership practices A portion of the evaluation is based on other leadership practices, such as creating a school culture of high student achievement, school planning and progress, engaging families, community, and other stakeholders, cultivating a positive environment for learning and teaching, managing staff talent and development, engaging in strategic planning and systems based on student learning and classroom practice data, and focusing on personal leadership, professional knowledge, skills, and improvement. (E) Report on summative ratings and student achievement Each State reports to the Secretary local educational agency-level data that compares aggregated summative evaluation results and correlations with student academic outcomes to demonstrate that the evaluation and support system— (i) meaningfully differentiates among principals’ performance; and (ii) bears a strong relationship to evidence of student academic growth with respect to the State’s academic standards. (F) Meaningful differentiation The evaluation provides performance ratings that meaningfully differentiate among principal performance using the not less than 3 levels of performance ratings. (G) Comparability of results The evaluation provides annual summative results that are comparable across all principals within the local educational agency in which the principal is employed. (6) Support Providing assistance to local educational agencies for the development and implementation of proven, evidence-based strategies to deliver intensive, continuous, and differentiated professional development programs for aspiring or current principal managers, principals, assistant principals, coaches, and teacher leaders that are both cost-effective and easily accessible in order to assist the school in— (A) providing professional learning and coaching for educators in analyzing student, school, and teacher performance data to inform decisionmaking and improvement efforts and creating a shared vision of teaching and learning; (B) analyzing and extracting information from student, school, and educator performance data; (C) clarifying school improvement goals; (D) developing and implementing a system of professional learning aligned with student achievement needs and educator learning goals; (E) understanding and analyzing student learning standards; (F) making available opportunities for team-learning activities that focus on increasing pedagogical and content knowledge in academic subjects that are aligned to student learning goals; (G) designing, creating, and evaluating the results of curriculum-based diagnostic and performance assessments; (H) encouraging and supporting the training of teachers and administrators to effectively integrate technology into curricula and instruction, including training to improve the ability to collect, manage, and analyze data to improve teaching, decisionmaking, school improvement efforts, and accountability; (I) academic study, developmental simulation exercises, or self-reflection; (J) mentorships and internships; (K) supporting, managing, and overseeing the school’s organization, operation, and use resources; and (L) engaging with the community to create a shared responsibility for student academic performance and successful personal development. (7) Advancement and Pipeline Development Developing, or assisting local educational agencies in developing, educator advancement initiatives that promote professional growth, emphasize multiple career paths for expanding the reach of effective teachers and principals, and recognize effectiveness and increased responsibilities with pay differentiation, such as— (A) creating paths to— (i) grow within the teaching profession, such as taking responsibility for additional students or students with greater needs for improvement, becoming a mentor teacher, or contributing instructional tools for other teachers; (ii) move towards a school leadership position, such as conducting peer evaluations, providing instructional coaching, serving on a school-wide leadership team, or leading teams of teachers; or (iii) become a principal or principal manager; and (B) utilizing internal principals, assistant principals, teacher leaders, coaches, or content experts to— (i) support classroom learning; (ii) facilitate effective collaboration skills across learning communities and transfer knowledge from peers teaching and leading high-performing classrooms and schools. (8) Measuring effectiveness Measuring the effectiveness of each local educational agency receiving a subgrant under subpart 2 and each school receiving assistance from the agency under this part, in— (A) ensuring that school protected release time for professional learning occurs multiple times per week or the equivalent of several hours; (B) implementing on-going, research-based professional learning for teacher leaders, coaches, assistant principals, principals, and principal managers; (C) ensuring that principal managers, principals, assistant principals, teacher leaders, coaches, teachers, and schools are using data to inform instructional practices; and (D) ensuring that the system of professional learning described in paragraph (7) is carried out using subgrant funds received under subpart 2 is integrated and aligned with the evaluation system described in paragraph (6) and the State’s school improvement plans. (9) Administration Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration of the programs carried out under this part, including provision of technical assistance to local educational agencies. . 4. Local applications and needs assessment Section 2122(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6622(b) ) is amended— (1) in paragraph (3)— (A) in subparagraph (B), by inserting in grades kindergarten through three after class size ; and (B) in subparagraph (C), by inserting or the State’s alternative school improvement system after section 1116(b) ; (2) in paragraph (4)— (A) by inserting , as well as funds received under part D that are used for professional development to train teachers and principals to integrate technology into curricula and instruction to improve teaching, learning, and technology literacy after other Federal, State, and local programs ; (3) by striking paragraphs (5) through (7); (4) by redesignating paragraphs (8) through (11) as paragraphs (5) through (8), respectively; (5) in paragraph (7), as so redesignated, by striking meet the requirements of section 1119 and inserting increase the number of effective educators as measured by the evaluation system defined in section 2113(c)(4) ; and (6) by adding at the end the following new paragraphs: (9) A description of how the local educational agency will assist schools in— (A) ensuring that a system of professional development to continuously improve educator effectiveness, student achievement, and overall school and system performance is an integral part of an educator evaluation system; (B) providing protected release time for educators to engage in collaborative team-based learning multiple times per week or several hours per week; and (C) leveraging resources such as teaching and leadership standards, formative assessments, teacher portfolio processes, evidence-based instructional practices, and educator development protocols to guide educator learning. (10) A description of how the local educational agency will— (A) include educator input, including that of teachers and principals, in the development, implementation, and revision of the system of professional learning; (B) conduct a formal evaluation system under section 2113(c)(23) to evaluate the effectiveness of the system of professional learning described in paragraph (13) using funds under this part; and (C) prepare, support, utilize, and incentivize internal principals, assistant principals, teacher leaders, coaches, or content experts to facilitate school-based professional learning. . 5. Local use of funds Section 2123 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 66239a ) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) Developing and implementing mechanisms to assist schools in effectively recruiting and retaining effective educators, including teachers, specialists in core academic subjects, teacher leaders, principals, assistant principals, and pupil services personnel, such as— (A) developing strategies that provide differentiated pay and recognition for teachers and principals based on effectiveness and increased responsibilities, such as— (i) providing scholarships, signing bonuses, or other financial incentives, to work in high-need academic subjects or in high-poverty schools; (ii) strategic staffing models that allow principals to bring a small team of effective educators to a low-performing school; or (iii) increased autonomy in decisionmaking; (B) recruiting and hiring highly qualified teachers to reduce class size, particularly in the early grades; and (C) establishing programs that— (i) train and hire regular and special education teachers (which may include hiring special education teachers to team-teach in classrooms that contain both children with disabilities and nondisabled children); (ii) train and hire effective teachers of special needs children, as well as teaching specialists in core academic subjects who will provide increased individualized instruction to students; (iii) recruit qualified professionals from other fields, including highly qualified paraprofessionals, and provide such professionals with alternative routes to educator certification, including developing and implementing hiring policies that ensure comprehensive recruitment efforts as a way to expand the applicant pool, such as through identifying teachers and principals certified through alternative routes, and using a system of intensive screening designed to hire the most qualified applicants; (iv) provide increased opportunities for minorities, individuals with disabilities, and other individuals underrepresented in the teaching and principal professions; and (v) develop and support school leadership academies to help exceptionally talented aspiring or current teacher leaders or principals or superintendents become outstanding managers and educational leaders; (D) educator mentoring from exemplary teachers, teacher leaders, assistant principals, principals, or principal managers; (E) induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively; and (F) incentives, including financial incentives, to retain educators who have a record of success in helping low-achieving students improve their academic achievement. ; (B) by striking paragraphs (2) through (5); (C) by redesignating paragraphs (6) through (10) as paragraphs (2), (3), (5), and (6), respectively; (D) by inserting after paragraph (3), as so redesignated, the following new paragraph: (4) Increasing the knowledge and skills of principal managers, principals, assistant principals, coaches and teacher leaders on how to— (A) develop educators by leading effective professional learning and data-driven instruction teams aligned with achievement needs and educator goals; (B) conduct observations to provide useful feedback to educators in identifying and meeting student needs and creating a professional climate of shared accountability for student learning; (C) manage talent, including defining great educator candidates, recruiting top talent, and hiring the best applicants, conducting formal educator evaluations, and dismissing or counseling out underperforming educators; (D) individualize educator roles and responsibilities by designing staffing models to leverage educator strengths and encouraging members of the faculty to engage in leadership roles that contribute to school improvement efforts; (E) engage the community, including seeking contributions from parents, community organizations, and other school stakeholders; (F) engage in partnerships between elementary schools, secondary schools, and institutes of higher education to ensure the vertical alignment of student learning outcomes; and (G) foster professional learning communities in which educators have time, protocols, and an instructional focus, and which transfer knowledge from peers teaching and leading at high-performing classrooms and schools. ; (E) by striking paragraph (5), as so redesignated, and inserting the following: (5) Carrying out the teacher and principal evaluation system described in section 2113(c)(4). ; and (F) by striking paragraph (6), as so redesignated, and inserting the following: (6) Carrying out a formal evaluation system to determine the effectiveness of a program carried out under such system, including— (A) ensuring that school protected release time for professional learning occurs multiple times per week or the equivalent of several hours; (B) implementing on-going, research-based professional learning for teacher leaders, coaches, assistant principals, principals, and principal managers; (C) ensuring that principal managers, principals, assistant principals, teacher leaders, coaches, teachers, and schools are using data to inform instructional practices; (D) ensuring that the system of professional learning is carried out using subgrant funds received under this subpart and is integrated and aligned with the evaluation system described in section 2113(c)(4) and the State’s school improvement plans; and (E) determining the effectiveness of such a program on— (i) teacher instructional practice; (ii) principal instructional leadership practice; (iii) student learning gains; (iv) teacher retention; (v) student graduation and college readiness rates, as applicable; (vi) student attendance rates; (vii) teacher and principal efficacy; and (viii) teachers participating in leadership roles. ; and (2) by adding at the end the following: (c) Limitation A local educational agency that receives a subgrant under section 2121 shall use not less than 10 percent of the subgrant funds for programs and activities to improve principal effectiveness. . 6. Professional development defined Section 9101(34) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(34) ) is amended to read as follows: (34) Professional development The term professional development means a comprehensive system of professional learning to increase educator effectiveness in improving student learning and achievement means that— (A) fosters collective responsibility for improved student performance; (B) is comprised of professional learning that— (i) is aligned with rigorous State student academic achievement standards as well as related local educational agency and school improvement goals; (ii) is conducted among educators at the school and facilitated by well-prepared school principals and school-based professional development coaches, mentors, master teachers, or other teacher leaders who have demonstrated success at getting results with the given student population; and (iii) primarily occurs several times per week, or the equivalent of several hours per week, among established teams of teachers, principals, and other instructional staff members where the teams of educators engage in a continuous cycle of improvement that— (I) evaluates student, teacher, and school learning needs through a thorough review of data on teacher and student performance; (II) defines a clear set of educator learning goals based on the rigorous analysis of the data; (III) achieves the educator learning goals identified in subclause (II) by implementing coherent, sustained, and evidence-based learning strategies, such as lesson study and the development of formative assessments, that improve instructional effectiveness and student achievement; (IV) provides job-embedded coaching or other forms of assistance to support the transfer of new knowledge and skills to the classroom; (V) regularly assesses the effectiveness of the professional development in achieving identified learning goals, improving teaching, and assisting all students in meeting challenging State academic achievement standards; (VI) informs ongoing improvements in teaching and student learning; and (VII) may be supported by external assistance; and (C) may be supported by activities such as courses, workshops, institutes, networks, and conferences that— (i) address the learning goals and objectives established by educators at the school level; (ii) advance the ongoing school-based professional learning; and (iii) are provided for by for-profit and nonprofit entities outside the school such as universities, education service agencies, technical assistance providers, networks of content-area specialists, and other education organizations and associations. .
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113-hr-4270
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I 113th CONGRESS 2d Session H. R. 4270 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Renacci (for himself, Mr. Himes , Mr. Conaway , Mr. Peterson , Mr. Murphy of Florida , Mr. Flores , and Mr. Sherman ) introduced the following bill; which was referred to the Committee on the Budget A BILL To clarify that funding for the standard setting body designated pursuant to section 19(b) of the Securities Act of 1933, the Securities Investor Protection Corporation, and the Public Company Accounting Oversight Board is not subject to the sequester.
1. Clarification Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) does not apply with respect to the funding of— (1) the standard setting body designated pursuant to section 19(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)); (2) the Securities Investor Protection Corporation; or (3) the Public Company Accounting Oversight Board.
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113-hr-4271
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I 113th CONGRESS 2d Session H. R. 4271 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Ruiz (for himself, Mr. McGovern , Ms. Kuster , and Mr. Garcia ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize the Export-Import Bank of the United States to use 3 percent of its profits for administrative expenses.
1. Short title This Act may be cited as the Increasing American Jobs Through More Exports Act . 2. Authority of the Export-Import Bank to use 3 percent of its profits for administrative expenses Section 3 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635a ) is amended by adding at the end the following; (k) Authority To use portion of bank surplus for administrative expenses (1) Authority (A) In general Subject to paragraph (2), in addition to any other amounts that the Bank may use to cover administrative expenses of the Bank, the Bank may use not more than 3 percent of the surplus (as defined in subsection (j)(2), without regard to subparagraph (B)(ii) of such subsection) of the Bank, for each fiscal year in the 5-year period beginning with the date of the enactment of this paragraph, to cover administrative expenses of the Bank. (B) Use for regional offices Of the amount of the surplus which may be used as provided in subparagraph (A), the Bank shall use at least 1/3 to expand or establish regional offices of the Bank. (2) Subject to appropriations The authority provided by paragraph (1) may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts. .
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113-hr-4272
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I 113th CONGRESS 2d Session H. R. 4272 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Walden introduced the following bill; which was referred to the Committee on Natural Resources A BILL To stop implementation and enforcement of the Forest Service travel management rule and to require the Forest Service to incorporate the needs, uses, and input of affected communities before taking any travel management action affecting access to units of the National Forest System derived from the public domain, and for other purposes.
1. Short title This Act may be cited as the Forest Access in Rural Communities Act . 2. Conditions on Forest Service access travel management actions for units of the National Forest System derived from the public domain (a) Definitions In this section: (1) Access travel management action The term access travel management action means any Forest Service action regarding a unit of the National Forest System that— (A) will, or can reasonably be expected to, alter public access to National Forest System lands of the unit, including any change in access using motorized vehicles or nonmotorized means resulting from— (i) the decommissioning in whole or in part of a road, trail, or combination road and trail system; (ii) a change in the status of a road as open or closed; or (iii) a change in forest road densities; and (B) requires the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ). (2) Affected county The term affected county means— (A) a political subdivision of a State whose boundaries contain National Forest System lands of a unit of the National Forest System affected by an access travel management action; or (B) a political subdivision of a State adjacent to a political subdivision of a State described in subparagraph (A). (3) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) Travel management rule The term travel management rule refers to subparts A, B, and C of part 212 of title 36, Code of Federal Regulations, and subparts A and B of part 261 of such title. (5) Unit of the National Forest System The terms unit of the National Forest System and unit are limited to a unit of the National Forest System derived from the public domain. (b) Prohibition on implementation or enforcement of travel management rule Immediately upon the enactment of this Act, the Secretary shall cease all implementation and enforcement of the travel management rule for units of the National Forest System derived from the public domain. (c) Consultation with and concurrence of affected counties (1) Consultation As a condition on the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) for a proposed access travel management action, the Secretary shall consult with each affected county for the purpose of incorporating the needs, uses, and input of affected counties. (2) Concurrence The Secretary may not implement an access travel management action unless and until the Secretary— (A) complies with the consultation requirement imposed by paragraph (1); and (B) obtains the concurrence of each affected county for implementation of the access travel management action.
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113-hr-4273
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I 113th CONGRESS 2d Session H. R. 4273 IN THE HOUSE OF REPRESENTATIVES March 14, 2014 Mr. Walden (for himself, Mr. DeFazio , Mr. Blumenauer , Ms. Bonamici , and Mr. Schrader ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To name the Department of Veterans Affairs community-based outpatient clinic in The Dalles, Oregon, as the Loren R. Kaufman Memorial Veterans’ Clinic .
1. Name of Department of Veterans Affairs community-based outpatient clinic, The Dalles, Oregon The Department of Veterans Affairs community-based outpatient clinic located at 704 Veterans Drive, The Dalles, Oregon, shall after the date of the enactment of this Act be known and designated as the Loren R. Kaufman Memorial Veterans’ Clinic . Any reference to such community-based outpatient clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Loren R. Kaufman Memorial Veterans’ Clinic.
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113-hr-4274
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I 113th CONGRESS 2d Session H. R. 4274 IN THE HOUSE OF REPRESENTATIVES March 18, 2014 Mr. Barber introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend the Honoring the Families of Fallen Soldiers Act to provide a permanent appropriation of funds for the payment of death gratuities for survivors of deceased members of the uniformed services in event of any future period of lapsed appropriations.
1. Permanent appropriation of funds for payment of death gratuities for survivors of members of the uniformed services in event of a period of lapsed appropriations (a) Appropriation The Department of Defense Survivor Benefits Continuing Appropriations Resolution, 2014 (also known as the Honoring the Families of Fallen Soldiers Act; Public Law 113–44 ; 127 Stat. 555) is amended— (1) in the matter preceding section 101— (A) by striking of the Department of Defense ; and (B) by inserting after fiscal year 2014 the following: and, as provided in section 101(c), subsequent fiscal years whenever there is a period of lapsed appropriations ; and (2) in section 101, by adding at the end the following new subsection: (c) (1) During any subsequent period of lapsed appropriations during a fiscal year, such amounts as may be necessary, at a rate for operations as provided for the most recent fiscal year for which an Act making appropriations for the uniformed services (as defined in section 101(5) of title 37, United States Code) has been enacted and under the authority and conditions provided in such Act, for the accounts from which death gratuities are paid under sections 1475–1477 and 1489 of title 10, United States Code, for the purpose of making such death gratuity payments for survivors of deceased members of the uniformed services during the period of lapsed appropriations. (2) In paragraph (1) and section 103, the term period of lapsed appropriations means any period of time after the start of a fiscal year for which interim (other than pursuant to subsection (a) or paragraph (1)) or full-year appropriations for the accounts referred to in paragraph (1) are not in effect. . (b) Duration Section 103 of the Department of Defense Survivor Benefits Continuing Appropriations Resolution, 2014 (also known as the Honoring the Families of Fallen Soldiers Act; Public Law 113–44 ) is amended to read as follows: 103. Appropriations and funds made available and authority granted pursuant to section 101(c) of this joint resolution shall be available whenever there is a period of lapsed appropriations for the duration of the period of lapsed appropriations. .
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113-hr-4275
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I 113th CONGRESS 2d Session H. R. 4275 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to provide for cooperative and small employer charity pension plans.
1. Short title; table of contents (a) Short title This Act may be cited as the Cooperative and Small Employer Charity Pension Flexibility Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings and declarations of policy. Sec. 3. Effective date. TITLE I—Amendments to Employee Retirement Income Security Act of 1974 and other provisions Sec. 101. Definition of cooperative and small employer charity pension plans. Sec. 102. Funding rules applicable to cooperative and small employer charity pension plans. Sec. 103. Elections. Sec. 104. Transparency. Sec. 105. Sponsor education and assistance. TITLE II—Amendments to Internal Revenue Code of 1986 Sec. 201. Definition of cooperative and small employer charity pension plans. Sec. 202. Funding rules applicable to cooperative and small employer charity pension plans. Sec. 203. Election not to be treated as a CSEC plan. 2. Congressional findings and declarations of policy Congress finds as follows: (1) Defined benefit pension plans are a cost-effective way for cooperative associations and charities to provide their employees with economic security in retirement. (2) Many cooperative associations and charitable organizations are only able to provide their employees with defined benefit pension plans because those organizations are able to pool their resources using the multiple employer plan structure. (3) The pension funding rules should encourage cooperative associations and charities to continue to provide their employees with pension benefits. 3. Effective date Unless otherwise specified in this Act, the provisions of this Act shall apply to years beginning after December 31, 2013. I Amendments to Employee Retirement Income Security Act of 1974 and other provisions 101. Definition of cooperative and small employer charity pension plans Section 210 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1060 ) is amended by adding at the end the following new subsection: (f) Cooperative and small employer charity pension plans (1) In general For purposes of this title, except as provided in this subsection, a CSEC plan is an employee pension benefit plan (other than a multiemployer plan) that is a defined benefit plan— (A) to which section 104 of the Pension Protection Act of 2006 applies, without regard to— (i) section 104(a)(2) of such Act; (ii) the amendments to such section 104 by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010; and (iii) paragraph (3)(B); or (B) that, as of June 25, 2010, was maintained by more than one employer and all of the employers were organizations described in section 501(c)(3) of the Internal Revenue Code of 1986. (2) Aggregation All employers that are treated as a single employer under subsection (b) or (c) of section 414 of the Internal Revenue Code of 1986 shall be treated as a single employer for purposes of determining if a plan was maintained by more than one employer under paragraph (1)(B). . 102. Funding rules applicable to cooperative and small employer charity pension plans (a) In general Part 3 of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1081 et seq. ) is amended by adding at the end the following new section: 306. Minimum funding standards (a) General rule For purposes of section 302, the term accumulated funding deficiency for a CSEC plan means the excess of the total charges to the funding standard account for all plan years (beginning with the first plan year to which section 302 applies) over the total credits to such account for such years or, if less, the excess of the total charges to the alternative minimum funding standard account for such plan years over the total credits to such account for such years. (b) Funding standard account (1) Account required Each plan to which this section applies shall establish and maintain a funding standard account. Such account shall be credited and charged solely as provided in this section. (2) Charges to account For a plan year, the funding standard account shall be charged with the sum of— (A) the normal cost of the plan for the plan year, (B) the amounts necessary to amortize in equal annual installments (until fully amortized)— (i) in the case of a plan in existence on January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which section 302 applies, over a period of 40 plan years, (ii) in the case of a plan which comes into existence after January 1, 1974, but before the first day of the first plan year beginning after December 31, 2013, the unfunded past service liability under the plan on the first day of the first plan year to which section 302 applies, over a period of 30 plan years, (iii) separately, with respect to each plan year, the net increase (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 15 plan years, (iv) separately, with respect to each plan year, the net experience loss (if any) under the plan, over a period of 5 plan years, and (v) separately, with respect to each plan year, the net loss (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 10 plan years, (C) the amount necessary to amortize each waived funding deficiency (within the meaning of section 302(c)(3)) for each prior plan year in equal annual installments (until fully amortized) over a period of 5 plan years, (D) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 5 plan years any amount credited to the funding standard account under paragraph (3)(D), and (E) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 20 years the contributions which would be required to be made under the plan but for the provisions of section 302(c)(7)(A)(i)(I) (as in effect on the day before the enactment of the Pension Protection Act of 2006). (3) Credits to account For a plan year, the funding standard account shall be credited with the sum of— (A) the amount considered contributed by the employer to or under the plan for the plan year, (B) the amount necessary to amortize in equal annual installments (until fully amortized)— (i) separately, with respect to each plan year, the net decrease (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 15 plan years, (ii) separately, with respect to each plan year, the net experience gain (if any) under the plan, over a period of 5 plan years, and (iii) separately, with respect to each plan year, the net gain (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 10 plan years, (C) the amount of the waived funding deficiency (within the meaning of section 302(c)(3)) for the plan year, and (D) in the case of a plan year for which the accumulated funding deficiency is determined under the funding standard account if such plan year follows a plan year for which such deficiency was determined under the alternative minimum funding standard, the excess (if any) of any debit balance in the funding standard account (determined without regard to this subparagraph) over any debit balance in the alternative minimum funding standard account. (4) Combining and offsetting amounts to be amortized Under regulations prescribed by the Secretary of the Treasury, amounts required to be amortized under paragraph (2) or paragraph (3), as the case may be— (A) may be combined into one amount under such paragraph to be amortized over a period determined on the basis of the remaining amortization period for all items entering into such combined amount, and (B) may be offset against amounts required to be amortized under the other such paragraph, with the resulting amount to be amortized over a period determined on the basis of the remaining amortization periods for all items entering into whichever of the two amounts being offset is the greater. (5) Interest (A) In general Except as provided in subparagraph (B), the funding standard account (and items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary of the Treasury) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs. (B) Exception The interest rate used for purposes of computing the amortization charge described in subsection (b)(2)(C) or for purposes of any arrangement under subsection (d) for any plan year shall be the greater of— (i) 150 percent of the Federal mid-term rate (as in effect under section 1274 of the Internal Revenue Code of 1986 for the 1st month of such plan year), or (ii) the rate of interest determined under subparagraph (A). (6) Amortization schedules in effect Amortization schedules for amounts described in paragraphs (2) and (3) that are in effect as of the last day of the last plan year beginning before January 1, 2014, by reason of section 104 of the Pension Protection Act of 2006 shall remain in effect pursuant to their terms and this section, except that such amounts shall not be amortized again under this section. (c) Special rules (1) Determinations to be made under funding method For purposes of this section, normal costs, accrued liability, past service liabilities, and experience gains and losses shall be determined under the funding method used to determine costs under the plan. (2) Valuation of assets (A) In general For purposes of this section, the value of the plan’s assets shall be determined on the basis of any reasonable actuarial method of valuation which takes into account fair market value and which is permitted under regulations prescribed by the Secretary of the Treasury. (B) Dedicated bond portfolio The Secretary of the Treasury may by regulations provide that the value of any dedicated bond portfolio of a plan shall be determined by using the interest rate under section 302(b)(5) (as in effect on the day before the enactment of the Pension Protection Act of 2006). (3) Actuarial assumptions must be reasonable For purposes of this section, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods— (A) each of which is reasonable (taking into account the experience of the plan and reasonable expectations), and (B) which, in combination, offer the actuary’s best estimate of anticipated experience under the plan. (4) Treatment of certain changes as experience gain or loss For purposes of this section, if— (A) a change in benefits under the Social Security Act or in other retirement benefits created under Federal or State law, or (B) a change in the definition of the term wages under section 3121 of the Internal Revenue Code of 1986 or a change in the amount of such wages taken into account under regulations prescribed for purposes of section 401(a)(5) of such Code, results in an increase or decrease in accrued liability under a plan, such increase or decrease shall be treated as an experience loss or gain. (5) Funding method and plan year (A) Funding methods available All funding methods available to CSEC plans under section 302 (as in effect on the day before the enactment of the Pension Protection Act of 2006) shall continue to be available under this section. (B) Changes If the funding method for a plan is changed, the new funding method shall become the funding method used to determine costs and liabilities under the plan only if the change is approved by the Secretary of the Treasury. If the plan year for a plan is changed, the new plan year shall become the plan year for the plan only if the change is approved by the Secretary of the Treasury. (C) Approval required for certain changes in assumptions by certain single-employer plans subject to additional funding requirement (i) In general No actuarial assumption (other than the assumptions described in subsection (h)(3)) used to determine the current liability for a plan to which this subparagraph applies may be changed without the approval of the Secretary of the Treasury. (ii) Plans to which subparagraph applies This subparagraph shall apply to a plan only if— (I) the plan is a CSEC plan, (II) the aggregate unfunded vested benefits as of the close of the preceding plan year (as determined under section 4006(a)(3)(E)(iii)) of such plan and all other plans maintained by the contributing sponsors (as defined in section 4001(a)(13)) and members of such sponsors' controlled groups (as defined in section 4001(a)(14)) which are covered by title IV (disregarding plans with no unfunded vested benefits) exceed $50,000,000, and (III) the change in assumptions (determined after taking into account any changes in interest rate and mortality table) results in a decrease in the funding shortfall of the plan for the current plan year that exceeds $50,000,000, or that exceeds $5,000,000 and that is 5 percent or more of the current liability of the plan before such change. (6) Full funding If, as of the close of a plan year, a plan would (without regard to this paragraph) have an accumulated funding deficiency (determined without regard to the alternative minimum funding standard account permitted under subsection (e)) in excess of the full funding limitation— (A) the funding standard account shall be credited with the amount of such excess, and (B) all amounts described in paragraphs (2)(B), (C), and (D) and (3)(B) of subsection (b) which are required to be amortized shall be considered fully amortized for purposes of such paragraphs. (7) Full-funding limitation For purposes of paragraph (6), the term full-funding limitation means the excess (if any) of— (A) the accrued liability (including normal cost) under the plan (determined under the entry age normal funding method if such accrued liability cannot be directly calculated under the funding method used for the plan), over (B) the lesser of— (i) the fair market value of the plan’s assets, or (ii) the value of such assets determined under paragraph (2). (C) Minimum amount (i) In general In no event shall the full-funding limitation determined under subparagraph (A) be less than the excess (if any) of— (I) 90 percent of the current liability (determined without regard to paragraph (4) of subsection (h)) of the plan (including the expected increase in such current liability due to benefits accruing during the plan year), over (II) the value of the plan’s assets determined under paragraph (2). (ii) Assets For purposes of clause (i), assets shall not be reduced by any credit balance in the funding standard account. (8) Annual valuation (A) In general For purposes of this section, a determination of experience gains and losses and a valuation of the plan’s liability shall be made not less frequently than once every year, except that such determination shall be made more frequently to the extent required in particular cases under regulations prescribed by the Secretary of the Treasury. (B) Valuation date (i) Current year Except as provided in clause (ii), the valuation referred to in subparagraph (A) shall be made as of a date within the plan year to which the valuation refers or within one month prior to the beginning of such year. (ii) Use of prior year valuation The valuation referred to in subparagraph (A) may be made as of a date within the plan year prior to the year to which the valuation refers if, as of such date, the value of the assets of the plan are not less than 100 percent of the plan’s current liability. (iii) Adjustments Information under clause (ii) shall, in accordance with regulations, be actuarially adjusted to reflect significant differences in participants. (iv) Limitation A change in funding method to use a prior year valuation, as provided in clause (ii), may not be made unless as of the valuation date within the prior plan year, the value of the assets of the plan are not less than 125 percent of the plan’s current liability. (9) Time when certain contributions deemed made For purposes of this section, any contributions for a plan year made by an employer during the period— (A) beginning on the day after the last day of such plan year, and (B) ending on the day which is 8½ months after the close of the plan year, shall be deemed to have been made on such last day. (10) Anticipation of benefit increases effective in the future In determining projected benefits, the funding method of a collectively bargained CSEC plan described in section 413(a) of the Internal Revenue Code of 1986 shall anticipate benefit increases scheduled to take effect during the term of the collective bargaining agreement applicable to the plan. (d) Extension of amortization periods The period of years required to amortize any unfunded liability (described in any clause of subsection (b)(2)(B)) of any plan may be extended by the Secretary of the Treasury for a period of time (not in excess of 10 years) if such Secretary determines that such extension would carry out the purposes of this Act and provide adequate protection for participants under the plan and their beneficiaries, and if such Secretary determines that the failure to permit such extension would result in— (1) a substantial risk to the voluntary continuation of the plan, or (2) a substantial curtailment of pension benefit levels or employee compensation. (e) Alternative minimum funding standard (1) In general A CSEC plan which uses a funding method that requires contributions in all years not less than those required under the entry age normal funding method may maintain an alternative minimum funding standard account for any plan year. Such account shall be credited and charged solely as provided in this subsection. (2) Charges and credits to account For a plan year the alternative minimum funding standard account shall be— (A) charged with the sum of— (i) the lesser of normal cost under the funding method used under the plan or normal cost determined under the unit credit method, (ii) the excess, if any, of the present value of accrued benefits under the plan over the fair market value of the assets, and (iii) an amount equal to the excess (if any) of credits to the alternative minimum standard account for all prior plan years over charges to such account for all such years, and (B) credited with the amount considered contributed by the employer to or under the plan for the plan year. (3) Interest The alternative minimum funding standard account (and items therein) shall be charged or credited with interest in the manner provided under subsection (b)(5) with respect to the funding standard account. (f) Quarterly contributions required (1) In general If a CSEC plan which has a funded current liability percentage for the preceding plan year of less than 100 percent fails to pay the full amount of a required installment for the plan year, then the rate of interest charged to the funding standard account under subsection (b)(5) with respect to the amount of the underpayment for the period of the underpayment shall be equal to the greater of— (A) 175 percent of the Federal mid-term rate (as in effect under section 1274 of the Internal Revenue Code of 1986 for the 1st month of such plan year), or (B) the rate of interest used under the plan in determining costs. (2) Amount of underpayment, period of underpayment For purposes of paragraph (1)— (A) Amount The amount of the underpayment shall be the excess of— (i) the required installment, over (ii) the amount (if any) of the installment contributed to or under the plan on or before the due date for the installment. (B) Period of underpayment The period for which interest is charged under this subsection with regard to any portion of the underpayment shall run from the due date for the installment to the date on which such portion is contributed to or under the plan (determined without regard to subsection (c)(9)). (C) Order of crediting contributions For purposes of subparagraph (A)(ii), contributions shall be credited against unpaid required installments in the order in which such installments are required to be paid. (3) Number of required installments; due dates For purposes of this subsection— (A) Payable in 4 installments There shall be 4 required installments for each plan year. (B) Time for payment of installments In the case of the following required installments: The due date is: 1st April 15 2nd July 15 3rd October 15 4th January 15 of the following year. (4) Amount of required installment For purposes of this subsection— (A) In general The amount of any required installment shall be 25 percent of the required annual payment. (B) Required annual payment For purposes of subparagraph (A), the term required annual payment means the lesser of— (i) 90 percent of the amount required to be contributed to or under the plan by the employer for the plan year under section 302 (without regard to any waiver under subsection (c) thereof), or (ii) 100 percent of the amount so required for the preceding plan year. Clause (ii) shall not apply if the preceding plan year was not a year of 12 months. (5) Liquidity requirement (A) In general A plan to which this paragraph applies shall be treated as failing to pay the full amount of any required installment to the extent that the value of the liquid assets paid in such installment is less than the liquidity shortfall (whether or not such liquidity shortfall exceeds the amount of such installment required to be paid but for this paragraph). (B) Plans to which paragraph Applies This paragraph shall apply to a CSEC plan other than a plan described in section 302(d)(6)(A) (as in effect on the day before the enactment of the Pension Protection Act of 2006) which— (i) is required to pay installments under this subsection for a plan year, and (ii) has a liquidity shortfall for any quarter during such plan year. (C) Period of underpayment For purposes of paragraph (1), any portion of an installment that is treated as not paid under subparagraph (A) shall continue to be treated as unpaid until the close of the quarter in which the due date for such installment occurs. (D) Limitation on increase If the amount of any required installment is increased by reason of subparagraph (A), in no event shall such increase exceed the amount which, when added to prior installments for the plan year, is necessary to increase the funded current liability percentage (taking into account the expected increase in current liability due to benefits accruing during the plan year) to 100 percent. (E) Definitions For purposes of this paragraph— (i) Liquidity shortfall The term liquidity shortfall means, with respect to any required installment, an amount equal to the excess (as of the last day of the quarter for which such installment is made) of the base amount with respect to such quarter over the value (as of such last day) of the plan’s liquid assets. (ii) Base amount (I) In general The term base amount means, with respect to any quarter, an amount equal to 3 times the sum of the adjusted disbursements from the plan for the 12 months ending on the last day of such quarter. (II) Special rule If the amount determined under subclause (I) exceeds an amount equal to 2 times the sum of the adjusted disbursements from the plan for the 36 months ending on the last day of the quarter and an enrolled actuary certifies to the satisfaction of the Secretary of the Treasury that such excess is the result of nonrecurring circumstances, the base amount with respect to such quarter shall be determined without regard to amounts related to those nonrecurring circumstances. (iii) Disbursements from the plan The term disbursements from the plan means all disbursements from the trust, including purchases of annuities, payments of single sums and other benefits, and administrative expenses. (iv) Adjusted disbursements The term adjusted disbursements means disbursements from the plan reduced by the product of— (I) the plan’s funded current liability percentage for the plan year, and (II) the sum of the purchases of annuities, payments of single sums, and such other disbursements as the Secretary of the Treasury shall provide in regulations. (v) Liquid assets The term liquid assets means cash, marketable securities and such other assets as specified by the Secretary of the Treasury in regulations. (vi) Quarter The term quarter means, with respect to any required installment, the 3-month period preceding the month in which the due date for such installment occurs. (F) Regulations The Secretary of the Treasury may prescribe such regulations as are necessary to carry out this paragraph. (6) Fiscal years and short years (A) Fiscal years In applying this subsection to a plan year beginning on any date other than January 1, there shall be substituted for the months specified in this subsection, the months which correspond thereto. (B) Short plan year This subsection shall be applied to plan years of less than 12 months in accordance with regulations prescribed by the Secretary of the Treasury. (g) Imposition of lien where failure To make required contributions (1) In general In the case of a plan to which this section applies, if— (A) any person fails to make a required installment under subsection (f) or any other payment required under this section before the due date for such installment or other payment, and (B) the unpaid balance of such installment or other payment (including interest), when added to the aggregate unpaid balance of all preceding such installments or other payments for which payment was not made before the due date (including interest), exceeds $1,000,000, then there shall be a lien in favor of the plan in the amount determined under paragraph (3) upon all property and rights to property, whether real or personal, belonging to such person and any other person who is a member of the same controlled group of which such person is a member. (2) Plans to which subsection Applies This subsection shall apply to a CSEC plan for any plan year for which the funded current liability percentage of such plan is less than 100 percent. This subsection shall not apply to any plan to which section 4021 does not apply (as such section is in effect on the date of the enactment of the Retirement Protection Act of 1994). (3) Amount of lien For purposes of paragraph (1), the amount of the lien shall be equal to the aggregate unpaid balance of required installments and other payments required under this section (including interest)— (A) for plan years beginning after 1987, and (B) for which payment has not been made before the due date. (4) Notice of failure; lien (A) Notice of failure A person committing a failure described in paragraph (1) shall notify the Pension Benefit Guaranty Corporation of such failure within 10 days of the due date for the required installment or other payment. (B) Period of lien The lien imposed by paragraph (1) shall arise on the due date for the required installment or other payment and shall continue until the last day of the first plan year in which the plan ceases to be described in paragraph (1)(B). Such lien shall continue to run without regard to whether such plan continues to be described in paragraph (2) during the period referred to in the preceding sentence. (C) Certain rules to Apply Any amount with respect to which a lien is imposed under paragraph (1) shall be treated as taxes due and owing the United States and rules similar to the rules of subsections (c), (d), and (e) of section 4068 shall apply with respect to a lien imposed by subsection (a) and the amount with respect to such lien. (5) Enforcement Any lien created under paragraph (1) may be perfected and enforced only by the Pension Benefit Guaranty Corporation, or at the direction of the Pension Benefit Guaranty Corporation, by any contributing employer (or any member of the controlled group of the contributing employer). (6) Definitions For purposes of this subsection— (A) Due date; required installment The terms due date and required installment have the meanings given such terms by subsection (f), except that in the case of a payment other than a required installment, the due date shall be the date such payment is required to be made under this section. (B) Controlled group The term controlled group means any group treated as a single employer under subsections (b), (c), (m), and (o) of section 414 of the Internal Revenue Code of 1986. (h) Current liability For purposes of this section— (1) In general The term current liability means all liabilities to employees and their beneficiaries under the plan. (2) Treatment of unpredictable contingent event benefits (A) In general For purposes of paragraph (1), any unpredictable contingent event benefit shall not be taken into account until the event on which the benefit is contingent occurs. (B) Unpredictable contingent event benefit The term unpredictable contingent event benefit means any benefit contingent on an event other than— (i) age, service, compensation, death, or disability, or (ii) an event which is reasonably and reliably predictable (as determined by the Secretary of the Treasury). (3) Interest rate and mortality assumptions used (A) Interest rate The rate of interest used to determine current liability under this section shall be the third segment rate determined under section 303(h)(2)(C). (B) Mortality tables (i) Secretarial authority The Secretary of the Treasury may by regulation prescribe mortality tables to be used in determining current liability under this subsection. Such tables shall be based upon the actual experience of pension plans and projected trends in such experience. In prescribing such tables, the Secretary of the Treasury shall take into account results of available independent studies of mortality of individuals covered by pension plans. (ii) Periodic review The Secretary of the Treasury shall periodically (at least every 5 years) review any tables in effect under this subsection and shall, to the extent the Secretary of the Treasury determines necessary, by regulation update the tables to reflect the actual experience of pension plans and projected trends in such experience. (C) Separate mortality tables for the disabled Notwithstanding subparagraph (B)— (i) In general In the case of plan years beginning after December 31, 1995, the Secretary of the Treasury shall establish mortality tables which may be used (in lieu of the tables under subparagraph (B)) to determine current liability under this subsection for individuals who are entitled to benefits under the plan on account of disability. The Secretary of the Treasury shall establish separate tables for individuals whose disabilities occur in plan years beginning before January 1, 1995, and for individuals whose disabilities occur in plan years beginning on or after such date. (ii) Special rule for disabilities occurring after 1994 In the case of disabilities occurring in plan years beginning after December 31, 1994, the tables under clause (i) shall apply only with respect to individuals described in such subclause who are disabled within the meaning of title II of the Social Security Act and the regulations thereunder. (4) Certain service disregarded (A) In general In the case of a participant to whom this paragraph applies, only the applicable percentage of the years of service before such individual became a participant shall be taken into account in computing the current liability of the plan. (B) Applicable percentage For purposes of this subparagraph, the applicable percentage shall be determined as follows: If the years of participation are: The applicable percentage is: 1 20 2 40 3 60 4 80 5 or more 100. (C) Participants to whom paragraph Applies This subparagraph shall apply to any participant who, at the time of becoming a participant— (i) has not accrued any other benefit under any defined benefit plan (whether or not terminated) maintained by the employer or a member of the same controlled group of which the employer is a member, (ii) who first becomes a participant under the plan in a plan year beginning after December 31, 1987, and (iii) has years of service greater than the minimum years of service necessary for eligibility to participate in the plan. (D) Election An employer may elect not to have this subparagraph apply. Such an election, once made, may be revoked only with the consent of the Secretary of the Treasury. (i) Funded current liability percentage For purposes of this section, the term funded current liability percentage means, with respect to any plan year, the percentage which— (1) the value of the plan’s assets determined under subsection (c)(2), is of (2) the current liability under the plan. (j) Funding restoration status Notwithstanding any other provisions of this section— (1) Normal cost payment (A) In general In the case of a CSEC plan that is in funding restoration status for a plan year, for purposes of section 302, the term accumulated funding deficiency means, for such plan year, the greater of— (i) the amount described in subsection (a), or (ii) the excess of the normal cost of the plan for the plan year over the amount actually contributed to or under the plan for the plan year. (B) Normal cost In the case of a CSEC plan that uses a spread gain funding method, for purposes of this subsection, the term normal cost means normal cost as determined under the entry age normal funding method. (2) Plan amendments In the case of a CSEC plan that is in funding restoration status for a plan year, no amendment to such plan may take effect during such plan year if such amendment has the effect of increasing liabilities of the plan by means of increases in benefits, establishment of new benefits, changing the rate of benefit accrual, or changing the rate at which benefits become nonforfeitable. This paragraph shall not apply to any plan amendment that is required to comply with any applicable law. This paragraph shall cease to apply with respect to any plan year, effective as of the first day of the plan year (or if later, the effective date of the amendment) upon payment by the plan sponsor of a contribution to the plan (in addition to any contribution required under this section without regard to this paragraph) in an amount equal to the increase in the funding liability of the plan attributable to the plan amendment. (3) Funding restoration plan The sponsor of a CSEC plan shall establish a written funding restoration plan within 180 days of the receipt by the plan sponsor of a certification from the plan actuary that the plan is in funding restoration status for a plan year. Such funding restoration plan shall consist of actions that are calculated, based on reasonably anticipated experience and reasonable actuarial assumptions, to increase the plan’s funded percentage to 100 percent over a period that is not longer than the greater of 7 years or the shortest amount of time practicable. Such funding restoration plan shall take into account contributions required under this section (without regard to this paragraph). If a plan remains in funding restoration status for 2 or more years, such funding restoration plan shall be updated each year after the 1st such year within 180 days of receipt by the plan sponsor of a certification from the plan actuary that the plan remains in funding restoration status for the plan year. (4) Annual certification by plan actuary Not later than the 90th day of each plan year of a CSEC plan, the plan actuary shall certify to the plan sponsor whether or not the plan is in funding restoration status for the plan year, based on the plan’s funded percentage as of the beginning of the plan year. For this purpose, the actuary may conclusively rely on an estimate of— (A) the plan’s funding liability, based on the funding liability of the plan for the preceding plan year and on reasonable actuarial estimates, assumptions, and methods, and (B) the amount of any contributions reasonably anticipated to be made for the preceding plan year. Contributions described in subparagraph (B) shall be taken into account in determining the plan’s funded percentage as of the beginning of the plan year. (5) Definitions For purposes of this subsection— (A) Funding restoration status A CSEC plan shall be treated as in funding restoration status for a plan year if the plan’s funded percentage as of the beginning of such plan year is less than 80 percent. (B) Funded percentage The term funded percentage means the ratio (expressed as a percentage) which— (i) the value of plan assets (as determined under subsection (c)(2)), bears to (ii) the plan’s funding liability. (C) Funding liability The term funding liability for a plan year means the present value of all benefits accrued or earned under the plan as of the beginning of the plan year, based on the assumptions used by the plan pursuant to this section, including the interest rate described in subsection (b)(5)(A) (without regard to subsection (b)(5)(B)). (D) Spread gain funding method The term spread gain funding method has the meaning given such term under rules and forms issued by the Secretary of the Treasury. . (b) Separate rules for CSEC plans (1) In general Paragraph (2) of section 302(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1082(a) ) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by inserting at the end thereof the following new subparagraph: (D) in the case of a CSEC plan, the employers make contributions to or under the plan for any plan year which, in the aggregate, are sufficient to ensure that the plan does not have an accumulated funding deficiency under section 306 as of the end of the plan year. . (2) Conforming amendments Section 302 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1082 ) is amended— (A) by striking multiemployer plan the first place it appears in clause (i) of subsection (c)(1)(A) and the last place it appears in paragraph (2) of subsection (d), and inserting multiemployer plan or a CSEC plan , (B) by striking 303(j) in paragraph (1) of subsection (b) and inserting 303(j) or under section 306(f) , (C) (i) by striking and at the end of clause (i) of subsection (c)(1)(B), (ii) by striking the period at the end of clause (ii) of subsection (c)(1)(B), and inserting , and , and (iii) by inserting the following new clause after clause (ii) of subsection (c)(1)(B): (iii) in the case of a CSEC plan, the funding standard account shall be credited under section 306(b)(3)(C) with the amount of the waived funding deficiency and such amount shall be amortized as required under section 306(b)(2)(C). , (D) by striking under paragraph (1) in clause (i) of subsection (c)(4)(A) and inserting under paragraph (1) or for granting an extension under section 306(d) , (E) by striking waiver under this subsection in subparagraph (B) of subsection (c)(4) and inserting waiver under this subsection or an extension under 306(d) , (F) by striking waiver or modification in subclause (I) of subsection (c)(4)(B)(i) and inserting waiver, modification, or extension , (G) by striking waivers in the heading of subsection (c)(4)(C) and of clause (ii) of subsection (c)(4)(C) and inserting waivers or extensions , (H) by striking section 304(d) in subparagraph (A) of subsection (c)(7) and in paragraph (2) of subsection (d) and inserting section 304(d) or section 306(d) , (I) by striking and at the end of subclause (I) of subsection (c)(4)(C)(i) and adding or the accumulated funding deficiency under section 306, whichever is applicable, , (J) by striking 303(e)(2), in subclause (II) of subsection (c)(4)(C)(i) and inserting 303(e)(2) or 306(b)(2)(C), whichever is applicable, and , (K) by adding immediately after subclause (II) of subsection (c)(4)(C)(i) the following new subclause: (III) the total amounts not paid by reason of an extension in effect under section 306(d), , (L) by striking for waivers of in clause (ii) of subsection (c)(4)(C) and inserting for waivers or extensions with respect to , and (M) by striking single-employer plan in subparagraph (A) of subsection (a)(2) and in clause (i) of subsection (c)(1)(B) and inserting single-employer plan (other than a CSEC plan) . (3) Benefit restrictions Subsection (g) of section 206 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056 ) is amended by adding at the end thereof the following new paragraph: (12) CSEC plans This subsection shall not apply to a CSEC plan (as defined in section 210(f)). . (4) Benefit increases Paragraph (3) of section 204(i) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1054(i) ) is amended by striking multiemployer plans and inserting multiemployer plans or CSEC plans . (5) Section 103 Subparagraph (B) of section 103(d)(8) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023(d)(8) ) is amended by striking 303(h) and 304(c)(3) and inserting 303(h), 304(c)(3), and 306(c)(3) . (6) Section 502 Subsection (c) of section 502 of the Employee Retirement Income Security Act of 1974 is amended— (A) by redesignating the last paragraph as paragraph (11), and (B) by adding at the end the following new paragraph: (12) The Secretary may assess a civil penalty against any sponsor of a CSEC plan of up to $100 a day from the date of the plan sponsor’s failure to comply with the requirements of section 306(j)(3) to establish or update a funding restoration plan. . (7) Section 4003 Subparagraph (B) of section 4003(e)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1303(e)(1) ) is amended by striking 303(k)(1)(A) and (B) of this Act or section 430(k)(1)(A) and (B) of the Internal Revenue Code of 1986 and inserting 303(k)(1)(A) and (B) or 306(g)(1)(A) and (B) of this Act or section 430(k)(1)(A) and (B) or 433(g)(1)(A) and (B) of the Internal Revenue Code of 1986 . (8) Section 4010 Paragraph (2) of section 4010(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1310(b) ) is amended by striking 303(k)(1)(A) and (B) of this Act or section 430(k)(1)(A) and (B) of the Internal Revenue Code of 1986 and inserting 303(k)(1)(A) and (B) or 306(g)(1)(A) and (B) of this Act or section 430(k)(1)(A) and (B) or 433(g)(1)(A) and (B) of the Internal Revenue Code of 1986 . (9) Section 4071 Section 4071 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1371 ) is amended by striking section 303(k)(4) and inserting section 303(k)(4) or 306(g)(4) . 103. Elections (a) Election not To be treated as a CSEC plan Subsection (f) of section 210 of the Employee Retirement Income Security Act of 1974, as added by section 101, is amended by adding at the end the following new paragraph: (3) Election (A) In general If a plan falls within the definition of a CSEC plan under this subsection (without regard to this paragraph), such plan shall be a CSEC plan unless the plan sponsor elects not later than the close of the first plan year of the plan beginning after December 31, 2013, not to be treated as a CSEC plan. An election under the preceding sentence shall take effect for such plan year and, once made, may be revoked only with the consent of the Secretary of the Treasury. (B) Special rule If a plan described in subparagraph (A) is treated as a CSEC plan, section 104 of the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, shall cease to apply to such plan as of the first date as of which such plan is treated as a CSEC plan. . (b) Election To cease To be treated as an eligible charity plan Subsection (d) of section 104 of the Pension Protection Act of 2006, as added by section 202 of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended— (1) by striking For purposes of and inserting (1) In general.— For purposes of , and (2) by adding at the end the following: (2) Election not to be an eligible charity plan A plan sponsor may elect for a plan to cease to be treated as an eligible charity plan for plan years beginning after December 31, 2013. Such election shall be made at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury. Any such election may be revoked only with the consent of the Secretary of the Treasury. (3) Election to use funding options available to other plan sponsors (A) A plan sponsor that makes the election described in paragraph (2) may elect for a plan to apply the rules described in subparagraphs (B), (C), and (D) for plan years beginning after December 31, 2013. Such election shall be made at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury. Any such election may be revoked only with the consent of the Secretary of the Treasury. (B) Under the rules described in this subparagraph, for the first plan year beginning after December 31, 2013, a plan has— (i) an 11-year shortfall amortization base, (ii) a 12-year shortfall amortization base, and (iii) a 7-year shortfall amortization base. (C) Under the rules described in this subparagraph, section 303(c)(2)(A) and (B) of the Employee Retirement Income Security Act of 1974, and section 430(c)(2)(A) and (B) of the Internal Revenue Code of 1986 shall be applied by— (i) in the case of an 11-year shortfall amortization base, substituting 11-plan-year period for 7-plan-year period wherever such phrase appears, and (ii) in the case of a 12-year shortfall amortization base, substituting 12-plan-year period for 7-plan-year period wherever such phrase appears. (D) Under the rules described in this subparagraph, section 303(c)(7) of the Employee Retirement Income Security Act of 1974 and section 430(c)(7) of the Internal Revenue Code of 1986 shall apply to a plan for which an election has been made under subparagraph (A). Such provisions shall apply in the following manner: (i) The first plan year beginning after December 31, 2013, shall be treated as an election year, and no other plan years shall be so treated. (ii) All references in section 303(c)(7) of such Act and section 430(c)(7) of such Code to February 28, 2010 or March 1, 2010 shall be treated as references to February 28, 2013 or March 1, 2013 , respectively. (E) For purposes of this paragraph, the 11-year amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to the unamortized principal amount of the shortfall amortization base (as defined in section 303(c)(3) of the Employee Retirement Income Security Act of 1974 and section 430(c)(3) of the Internal Revenue Code of 1986) that would have applied to the plan for the first plan beginning after December 31, 2009, if— (i) the plan had never been an eligible charity plan, (ii) the plan sponsor had made the election described in section 303(c)(2)(D)(i) of the Employee Retirement Income Security Act of 1974 and in section 430(c)(2)(D)(i) of the Internal Revenue Code of 1986 to have section 303(c)(2)(D)(i) of such Act and section 430(c)(2)(D)(iii) of such Code apply with respect to the shortfall amortization base for the first plan year beginning after December 31, 2009, and (iii) no event had occurred under paragraph (6) or (7) of section 303(c) of such Act or paragraph (6) or (7) of section 430(c) of such Code that, as of the first day of the first plan year beginning after December 31, 2013, would have modified the shortfall amortization base or the shortfall amortization installments with respect to the first plan year beginning after December 31, 2009. (F) For purposes of this paragraph, the 12-year amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to the unamortized principal amount of the shortfall amortization base (as defined in section 303(c)(3) of the Employee Retirement Income Security Act of 1974 and section 430(c)(3) of the Internal Revenue Code of 1986) that would have applied to the plan for the first plan beginning after December 31, 2010, if— (i) the plan had never been an eligible charity plan, (ii) the plan sponsor had made the election described in section 303(c)(2)(D)(i) of the Employee Retirement Income Security Act of 1974 and in section 430(c)(2)(D)(i) of the Internal Revenue Code of 1986 to have section 303(c)(2)(D)(i) of such Act and section 430(c)(2)(D)(iii) of such Code apply with respect to the shortfall amortization base for the first plan year beginning after December 31, 2010, and (iii) no event had occurred under paragraph (6) or (7) of section 303(c) of such Act or paragraph (6) or (7) of section 430(c) of such Code that, as of the first day of the first plan year beginning after December 31, 2013, would have modified the shortfall amortization base or the shortfall amortization installments with respect to the first plan year beginning after December 31, 2010. (G) For purposes of this paragraph, the 7-year shortfall amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to— (i) the shortfall amortization base for the first plan year beginning after December 31, 2013, without regard to this paragraph, minus (ii) the sum of the 11-year shortfall amortization base and the 12-year shortfall amortization base. (4) Retroactive election Not later than December 31, 2014, a plan sponsor may make a one-time, irrevocable, retroactive election to not be treated as an eligible charity plan. Such election shall be effective for plan years beginning after December 31, 2007, and shall be made by providing reasonable notice to the Secretary of the Treasury. . (c) Deemed election For purposes of the Internal Revenue Code of 1986, sections 4(b)(2) and 4021(b)(3) of the Employee Retirement Income Security Act of 1974, and all other purposes, a plan shall be deemed to have made an irrevocable election under section 410(d) of the Internal Revenue Code of 1986 if— (1) the plan was established before January 1, 2014; (2) the plan falls within the definition of a CSEC plan; (3) the plan sponsor does not make an election under section 210(f)(3)(A) of the Employee Retirement Income Security Act of 1974 and section 414(y)(3)(A) of the Internal Revenue Code of 1986, as added by this Act; and (4) the plan, plan sponsor, administrator, or fiduciary remits one or more premium payments for the plan to the Pension Benefit Guaranty Corporation for a plan year beginning after December 31, 2013. (d) Effective date The amendments made by this section shall apply as of the date of enactment of this Act. 104. Transparency (a) Notice to participants (1) In general Paragraph (2) of section 101(f) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021(f) ) is amended by adding at the end the following new subparagraph: (E) Effect of csec plan rules on plan funding In the case of a CSEC plan, each notice under paragraph (1) shall include— (i) a statement that different rules apply to CSEC plans than apply to single-employer plans, (ii) for the first 2 plan years beginning after December 31, 2013, a statement that, as a result of changes in the law made by the Cooperative and Small Employer Charity Pension Flexibility Act , the contributions to the plan may have changed, and (iii) in the case of a CSEC plan that is in funding restoration status for the plan year, a statement that the plan is in funding restoration status for such plan year. A copy of the statement required under clause (iii) shall be provided to the Secretary, the Secretary of the Treasury, and the Director of the Pension Benefit Guaranty Corporation. . (2) Model notice The Secretary of Labor may modify the model notice required to be published under section 501(c) of the Pension Protection Act of 2006 to include the information described in section 101(f)(2)(E) of the Employee Retirement Income Security Act of 1974, as added by this subsection. (b) Notice of failure To meet minimum funding standards (1) Pending waivers Paragraph (2) of section 101(d) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021(d) ) is amended by striking 303 and inserting 303 or 306 . (2) Definitions Paragraph (3) of section 101(d) of the Employee Retirement Income Security Act of 1974 ( 21 U.S.C. 1021(d) ) is amended by striking 303(j) and inserting 303(j) or 306(f), whichever is applicable . (c) Additional reporting requirements Section 103 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023 ) is amended by adding at the end the following new subsection: (g) Additional information with respect to multiple employer plans With respect to any multiple employer plan, an annual report under this section for a plan year shall include a list of participating employers and a good faith estimate of the percentage of total contributions made by such participating employers during the plan year. . 105. Sponsor education and assistance (a) Definition In this section, the term CSEC plan has the meaning given that term in subsection (f)(1) of section 210 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1060(f)(1) ) (as added by this Act). (b) Education The Participant and Plan Sponsor Advocate established under section 4004 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1304 ) shall make itself available to assist CSEC plan sponsors and participants as part of the duties it performs under the general supervision of the Board of Directors under section 4004(b) of such Act ( 29 U.S.C. 1304(b) ). II Amendments to Internal Revenue Code of 1986 201. Definition of cooperative and small employer charity pension plans Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (y) Cooperative and small employer charity pension plans (1) In general For purposes of this title, except as provided in this subsection, a CSEC plan is a defined benefit plan (other than a multiemployer plan)— (A) to which section 104 of the Pension Protection Act of 2006 applies, without regard to— (i) section 104(a)(2) of such Act; (ii) the amendments to such section 104 by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010; and (iii) paragraph (3)(B); or (B) that, as of June 25, 2010, was maintained by more than one employer and all of the employers were organizations described in section 501(c)(3). (2) Aggregation All employers that are treated as a single employer under subsection (b) or (c) shall be treated as a single employer for purposes of determining if a plan was maintained by more than one employer under paragraph (1)(B). . 202. Funding rules applicable to cooperative and small employer charity pension plans (a) In general Subpart A of part III of subchapter D of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 433. Minimum funding standards (a) General rule For purposes of section 412, the term accumulated funding deficiency for a CSEC plan means the excess of the total charges to the funding standard account for all plan years (beginning with the first plan year to which section 412 applies) over the total credits to such account for such years or, if less, the excess of the total charges to the alternative minimum funding standard account for such plan years over the total credits to such account for such years. (b) Funding standard account (1) Account required Each plan to which this section applies shall establish and maintain a funding standard account. Such account shall be credited and charged solely as provided in this section. (2) Charges to account For a plan year, the funding standard account shall be charged with the sum of— (A) the normal cost of the plan for the plan year, (B) the amounts necessary to amortize in equal annual installments (until fully amortized)— (i) in the case of a plan in existence on January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which section 412 applies, over a period of 40 plan years, (ii) in the case of a plan which comes into existence after January 1, 1974, but before the first day of the first plan year beginning after December 31, 2013, the unfunded past service liability under the plan on the first day of the first plan year to which section 412 applies, over a period of 30 plan years, (iii) separately, with respect to each plan year, the net increase (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 15 plan years, (iv) separately, with respect to each plan year, the net experience loss (if any) under the plan, over a period of 5 plan years, and (v) separately, with respect to each plan year, the net loss (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 10 plan years, (C) the amount necessary to amortize each waived funding deficiency (within the meaning of section 412(c)(3)) for each prior plan year in equal annual installments (until fully amortized) over a period of 5 plan years, (D) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 5 plan years any amount credited to the funding standard account under paragraph (3)(D), and (E) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 20 years the contributions which would be required to be made under the plan but for the provisions of section 412(c)(7)(A)(i)(I) (as in effect on the day before the enactment of the Pension Protection Act of 2006). (3) Credits to account For a plan year, the funding standard account shall be credited with the sum of— (A) the amount considered contributed by the employer to or under the plan for the plan year, (B) the amount necessary to amortize in equal annual installments (until fully amortized)— (i) separately, with respect to each plan year, the net decrease (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 15 plan years, (ii) separately, with respect to each plan year, the net experience gain (if any) under the plan, over a period of 5 plan years, and (iii) separately, with respect to each plan year, the net gain (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 10 plan years, (C) the amount of the waived funding deficiency (within the meaning of section 412(c)(3)) for the plan year, and (D) in the case of a plan year for which the accumulated funding deficiency is determined under the funding standard account if such plan year follows a plan year for which such deficiency was determined under the alternative minimum funding standard, the excess (if any) of any debit balance in the funding standard account (determined without regard to this subparagraph) over any debit balance in the alternative minimum funding standard account. (4) Combining and offsetting amounts to be amortized Under regulations prescribed by the Secretary, amounts required to be amortized under paragraph (2) or paragraph (3), as the case may be— (A) may be combined into one amount under such paragraph to be amortized over a period determined on the basis of the remaining amortization period for all items entering into such combined amount, and (B) may be offset against amounts required to be amortized under the other such paragraph, with the resulting amount to be amortized over a period determined on the basis of the remaining amortization periods for all items entering into whichever of the two amounts being offset is the greater. (5) Interest (A) In general Except as provided in subparagraph (B), the funding standard account (and items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs. (B) Exception The interest rate used for purposes of computing the amortization charge described in subsection (b)(2)(C) or for purposes of any arrangement under subsection (d) for any plan year shall be the greater of— (i) 150 percent of the Federal mid-term rate (as in effect under section 1274 for the 1st month of such plan year), or (ii) the rate of interest determined under subparagraph (A). (6) Amortization schedules in effect Amortization schedules for amounts described in paragraphs (2) and (3) that are in effect as of the last day of the last plan year beginning before January 1, 2014, by reason of section 104 of the Pension Protection Act of 2006 shall remain in effect pursuant to their terms and this section, except that such amounts shall not be amortized again under this section. (c) Special rules (1) Determinations to be made under funding method For purposes of this section, normal costs, accrued liability, past service liabilities, and experience gains and losses shall be determined under the funding method used to determine costs under the plan. (2) Valuation of assets (A) In general For purposes of this section, the value of the plan’s assets shall be determined on the basis of any reasonable actuarial method of valuation which takes into account fair market value and which is permitted under regulations prescribed by the Secretary. (B) Dedicated bond portfolio The Secretary may by regulations provide that the value of any dedicated bond portfolio of a plan shall be determined by using the interest rate under section 412(b)(5) (as in effect on the day before the enactment of the Pension Protection Act of 2006). (3) Actuarial assumptions must be reasonable For purposes of this section, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods— (A) each of which is reasonable (taking into account the experience of the plan and reasonable expectations), and (B) which, in combination, offer the actuary’s best estimate of anticipated experience under the plan. (4) Treatment of certain changes as experience gain or loss For purposes of this section, if— (A) a change in benefits under the Social Security Act or in other retirement benefits created under Federal or State law, or (B) a change in the definition of the term wages under section 3121 or a change in the amount of such wages taken into account under regulations prescribed for purposes of section 401(a)(5), results in an increase or decrease in accrued liability under a plan, such increase or decrease shall be treated as an experience loss or gain. (5) Funding method and plan year (A) Funding methods available All funding methods available to CSEC plans under section 412 (as in effect on the day before the enactment of the Pension Protection Act of 2006) shall continue to be available under this section. (B) Changes If the funding method for a plan is changed, the new funding method shall become the funding method used to determine costs and liabilities under the plan only if the change is approved by the Secretary. If the plan year for a plan is changed, the new plan year shall become the plan year for the plan only if the change is approved by the Secretary. (C) Approval required for certain changes in assumptions by certain single-employer plans subject to additional funding requirement (i) In general No actuarial assumption (other than the assumptions described in subsection (h)(3)) used to determine the current liability for a plan to which this subparagraph applies may be changed without the approval of the Secretary. (ii) Plans to which subparagraph applies This subparagraph shall apply to a plan only if— (I) the plan is a CSEC plan, (II) the aggregate unfunded vested benefits as of the close of the preceding plan year (as determined under section 4006(a)(3)(E)(iii) of the Employee Retirement Income Security Act of 1974) of such plan and all other plans maintained by the contributing sponsors (as defined in section 4001(a)(13) of such Act) and members of such sponsors' controlled groups (as defined in section 4001(a)(14) of such Act) which are covered by title IV (disregarding plans with no unfunded vested benefits) exceed $50,000,000, and (III) the change in assumptions (determined after taking into account any changes in interest rate and mortality table) results in a decrease in the funding shortfall of the plan for the current plan year that exceeds $50,000,000, or that exceeds $5,000,000 and that is 5 percent or more of the current liability of the plan before such change. (6) Full funding If, as of the close of a plan year, a plan would (without regard to this paragraph) have an accumulated funding deficiency (determined without regard to the alternative minimum funding standard account permitted under subsection (e)) in excess of the full funding limitation— (A) the funding standard account shall be credited with the amount of such excess, and (B) all amounts described in paragraphs (2)(B), (C), and (D) and (3)(B) of subsection (b) which are required to be amortized shall be considered fully amortized for purposes of such paragraphs. (7) Full-funding limitation For purposes of paragraph (6), the term full-funding limitation means the excess (if any) of— (A) the accrued liability (including normal cost) under the plan (determined under the entry age normal funding method if such accrued liability cannot be directly calculated under the funding method used for the plan), over (B) the lesser of— (i) the fair market value of the plan’s assets, or (ii) the value of such assets determined under paragraph (2). (C) Minimum amount (i) In general In no event shall the full-funding limitation determined under subparagraph (A) be less than the excess (if any) of— (I) 90 percent of the current liability (determined without regard to paragraph (4) of subsection (h)) of the plan (including the expected increase in such current liability due to benefits accruing during the plan year), over (II) the value of the plan’s assets determined under paragraph (2). (ii) Assets For purposes of clause (i), assets shall not be reduced by any credit balance in the funding standard account. (8) Annual valuation (A) In general For purposes of this section, a determination of experience gains and losses and a valuation of the plan’s liability shall be made not less frequently than once every year, except that such determination shall be made more frequently to the extent required in particular cases under regulations prescribed by the Secretary. (B) Valuation date (i) Current year Except as provided in clause (ii), the valuation referred to in subparagraph (A) shall be made as of a date within the plan year to which the valuation refers or within one month prior to the beginning of such year. (ii) Use of prior year valuation The valuation referred to in subparagraph (A) may be made as of a date within the plan year prior to the year to which the valuation refers if, as of such date, the value of the assets of the plan are not less than 100 percent of the plan’s current liability. (iii) Adjustments Information under clause (ii) shall, in accordance with regulations, be actuarially adjusted to reflect significant differences in participants. (iv) Limitation A change in funding method to use a prior year valuation, as provided in clause (ii), may not be made unless as of the valuation date within the prior plan year, the value of the assets of the plan are not less than 125 percent of the plan’s current liability. (9) Time when certain contributions deemed made For purposes of this section, any contributions for a plan year made by an employer during the period— (A) beginning on the day after the last day of such plan year, and (B) ending on the day which is 8½ months after the close of the plan year, shall be deemed to have been made on such last day. (10) Anticipation of benefit increases effective in the future In determining projected benefits, the funding method of a collectively bargained CSEC plan described in section 413(a) shall anticipate benefit increases scheduled to take effect during the term of the collective bargaining agreement applicable to the plan. (d) Extension of amortization periods The period of years required to amortize any unfunded liability (described in any clause of subsection (b)(2)(B)) of any plan may be extended by the Secretary for a period of time (not in excess of 10 years) if the Secretary determines that such extension would carry out the purposes of the Employee Retirement Income Security Act of 1974 and provide adequate protection for participants under the plan and their beneficiaries, and if the Secretary determines that the failure to permit such extension would result in— (1) a substantial risk to the voluntary continuation of the plan, or (2) a substantial curtailment of pension benefit levels or employee compensation. (e) Alternative minimum funding standard (1) In general A CSEC plan which uses a funding method that requires contributions in all years not less than those required under the entry age normal funding method may maintain an alternative minimum funding standard account for any plan year. Such account shall be credited and charged solely as provided in this subsection. (2) Charges and credits to account For a plan year the alternative minimum funding standard account shall be— (A) charged with the sum of— (i) the lesser of normal cost under the funding method used under the plan or normal cost determined under the unit credit method, (ii) the excess, if any, of the present value of accrued benefits under the plan over the fair market value of the assets, and (iii) an amount equal to the excess (if any) of credits to the alternative minimum standard account for all prior plan years over charges to such account for all such years, and (B) credited with the amount considered contributed by the employer to or under the plan for the plan year. (3) Interest The alternative minimum funding standard account (and items therein) shall be charged or credited with interest in the manner provided under subsection (b)(5) with respect to the funding standard account. (f) Quarterly contributions required (1) In general If a CSEC plan which has a funded current liability percentage for the preceding plan year of less than 100 percent fails to pay the full amount of a required installment for the plan year, then the rate of interest charged to the funding standard account under subsection (b)(5) with respect to the amount of the underpayment for the period of the underpayment shall be equal to the greater of— (A) 175 percent of the Federal mid-term rate (as in effect under section 1274 for the 1st month of such plan year), or (B) the rate of interest used under the plan in determining costs. (2) Amount of underpayment, period of underpayment For purposes of paragraph (1)— (A) Amount The amount of the underpayment shall be the excess of— (i) the required installment, over (ii) the amount (if any) of the installment contributed to or under the plan on or before the due date for the installment. (B) Period of underpayment The period for which interest is charged under this subsection with regard to any portion of the underpayment shall run from the due date for the installment to the date on which such portion is contributed to or under the plan (determined without regard to subsection (c)(9)). (C) Order of crediting contributions For purposes of subparagraph (A)(ii), contributions shall be credited against unpaid required installments in the order in which such installments are required to be paid. (3) Number of required installments; due dates For purposes of this subsection— (A) Payable in 4 installments There shall be 4 required installments for each plan year. (B) Time for payment of installments In the case of the following required installments: The due date is: 1st April 15 2nd July 15 3rd October 15 4th January 15 of the following year. (4) Amount of required installment For purposes of this subsection— (A) In general The amount of any required installment shall be 25 percent of the required annual payment. (B) Required annual payment For purposes of subparagraph (A), the term required annual payment means the lesser of— (i) 90 percent of the amount required to be contributed to or under the plan by the employer for the plan year under section 412 (without regard to any waiver under subsection (c) thereof), or (ii) 100 percent of the amount so required for the preceding plan year. Clause (ii) shall not apply if the preceding plan year was not a year of 12 months. (5) Liquidity requirement (A) In general A plan to which this paragraph applies shall be treated as failing to pay the full amount of any required installment to the extent that the value of the liquid assets paid in such installment is less than the liquidity shortfall (whether or not such liquidity shortfall exceeds the amount of such installment required to be paid but for this paragraph). (B) Plans to which paragraph Applies This paragraph shall apply to a CSEC plan other than a plan described in section 412(l)(6)(A) (as in effect on the day before the enactment of the Pension Protection Act of 2006) which— (i) is required to pay installments under this subsection for a plan year, and (ii) has a liquidity shortfall for any quarter during such plan year. (C) Period of underpayment For purposes of paragraph (1), any portion of an installment that is treated as not paid under subparagraph (A) shall continue to be treated as unpaid until the close of the quarter in which the due date for such installment occurs. (D) Limitation on increase If the amount of any required installment is increased by reason of subparagraph (A), in no event shall such increase exceed the amount which, when added to prior installments for the plan year, is necessary to increase the funded current liability percentage (taking into account the expected increase in current liability due to benefits accruing during the plan year) to 100 percent. (E) Definitions For purposes of this paragraph— (i) Liquidity shortfall The term liquidity shortfall means, with respect to any required installment, an amount equal to the excess (as of the last day of the quarter for which such installment is made) of the base amount with respect to such quarter over the value (as of such last day) of the plan’s liquid assets. (ii) Base amount (I) In general The term base amount means, with respect to any quarter, an amount equal to 3 times the sum of the adjusted disbursements from the plan for the 12 months ending on the last day of such quarter. (II) Special rule If the amount determined under subclause (I) exceeds an amount equal to 2 times the sum of the adjusted disbursements from the plan for the 36 months ending on the last day of the quarter and an enrolled actuary certifies to the satisfaction of the Secretary that such excess is the result of nonrecurring circumstances, the base amount with respect to such quarter shall be determined without regard to amounts related to those nonrecurring circumstances. (iii) Disbursements from the plan The term disbursements from the plan means all disbursements from the trust, including purchases of annuities, payments of single sums and other benefits, and administrative expenses. (iv) Adjusted disbursements The term adjusted disbursements means disbursements from the plan reduced by the product of— (I) the plan’s funded current liability percentage for the plan year, and (II) the sum of the purchases of annuities, payments of single sums, and such other disbursements as the Secretary shall provide in regulations. (v) Liquid assets The term liquid assets means cash, marketable securities and such other assets as specified by the Secretary in regulations. (vi) Quarter The term quarter means, with respect to any required installment, the 3-month period preceding the month in which the due date for such installment occurs. (F) Regulations The Secretary may prescribe such regulations as are necessary to carry out this paragraph. (6) Fiscal years and short years (A) Fiscal years In applying this subsection to a plan year beginning on any date other than January 1, there shall be substituted for the months specified in this subsection, the months which correspond thereto. (B) Short plan year This subsection shall be applied to plan years of less than 12 months in accordance with regulations prescribed by the Secretary. (g) Imposition of lien where failure To make required contributions (1) In general In the case of a plan to which this section applies, if— (A) any person fails to make a required installment under subsection (f) or any other payment required under this section before the due date for such installment or other payment, and (B) the unpaid balance of such installment or other payment (including interest), when added to the aggregate unpaid balance of all preceding such installments or other payments for which payment was not made before the due date (including interest), exceeds $1,000,000, then there shall be a lien in favor of the plan in the amount determined under paragraph (3) upon all property and rights to property, whether real or personal, belonging to such person and any other person who is a member of the same controlled group of which such person is a member. (2) Plans to which subsection Applies This subsection shall apply to a CSEC plan for any plan year for which the funded current liability percentage of such plan is less than 100 percent. This subsection shall not apply to any plan to which section 4021 of the Employee Retirement Income Security Act of 1974 does not apply (as such section is in effect on the date of the enactment of the Retirement Protection Act of 1994). (3) Amount of lien For purposes of paragraph (1), the amount of the lien shall be equal to the aggregate unpaid balance of required installments and other payments required under this section (including interest)— (A) for plan years beginning after 1987, and (B) for which payment has not been made before the due date. (4) Notice of failure; lien (A) Notice of failure A person committing a failure described in paragraph (1) shall notify the Pension Benefit Guaranty Corporation of such failure within 10 days of the due date for the required installment or other payment. (B) Period of lien The lien imposed by paragraph (1) shall arise on the due date for the required installment or other payment and shall continue until the last day of the first plan year in which the plan ceases to be described in paragraph (1)(B). Such lien shall continue to run without regard to whether such plan continues to be described in paragraph (2) during the period referred to in the preceding sentence. (C) Certain rules to Apply Any amount with respect to which a lien is imposed under paragraph (1) shall be treated as taxes due and owing the United States and rules similar to the rules of subsections (c), (d), and (e) of section 4068 of the Employee Retirement Income Security Act of 1974 shall apply with respect to a lien imposed by subsection (a) and the amount with respect to such lien. (5) Enforcement Any lien created under paragraph (1) may be perfected and enforced only by the Pension Benefit Guaranty Corporation, or at the direction of the Pension Benefit Guaranty Corporation, by any contributing employer (or any member of the controlled group of the contributing employer). (6) Definitions For purposes of this subsection— (A) Due date; required installment The terms due date and required installment have the meanings given such terms by subsection (f), except that in the case of a payment other than a required installment, the due date shall be the date such payment is required to be made under this section. (B) Controlled group The term controlled group means any group treated as a single employer under subsections (b), (c), (m), and (o) of section 414. (h) Current liability For purposes of this section— (1) In general The term current liability means all liabilities to employees and their beneficiaries under the plan. (2) Treatment of unpredictable contingent event benefits (A) In general For purposes of paragraph (1), any unpredictable contingent event benefit shall not be taken into account until the event on which the benefit is contingent occurs. (B) Unpredictable contingent event benefit The term unpredictable contingent event benefit means any benefit contingent on an event other than— (i) age, service, compensation, death, or disability, or (ii) an event which is reasonably and reliably predictable (as determined by the Secretary). (3) Interest rate and mortality assumptions used (A) Interest rate The rate of interest used to determine current liability under this section shall be the third segment rate determined under section 430(h)(2)(C). (B) Mortality tables (i) Secretarial authority The Secretary may by regulation prescribe mortality tables to be used in determining current liability under this subsection. Such tables shall be based upon the actual experience of pension plans and projected trends in such experience. In prescribing such tables, the Secretary shall take into account results of available independent studies of mortality of individuals covered by pension plans. (ii) Periodic review The Secretary shall periodically (at least every 5 years) review any tables in effect under this subsection and shall, to the extent the Secretary determines necessary, by regulation update the tables to reflect the actual experience of pension plans and projected trends in such experience. (C) Separate mortality tables for the disabled Notwithstanding subparagraph (B)— (i) In general In the case of plan years beginning after December 31, 1995, the Secretary shall establish mortality tables which may be used (in lieu of the tables under subparagraph (B)) to determine current liability under this subsection for individuals who are entitled to benefits under the plan on account of disability. The Secretary shall establish separate tables for individuals whose disabilities occur in plan years beginning before January 1, 1995, and for individuals whose disabilities occur in plan years beginning on or after such date. (ii) Special rule for disabilities occurring after 1994 In the case of disabilities occurring in plan years beginning after December 31, 1994, the tables under clause (i) shall apply only with respect to individuals described in such subclause who are disabled within the meaning of title II of the Social Security Act and the regulations thereunder. (4) Certain service disregarded (A) In general In the case of a participant to whom this paragraph applies, only the applicable percentage of the years of service before such individual became a participant shall be taken into account in computing the current liability of the plan. (B) Applicable percentage For purposes of this subparagraph, the applicable percentage shall be determined as follows: If the years of participation are: The applicable percentage is: 1 20 2 40 3 60 4 80 5 or more 100. (C) Participants to whom paragraph Applies This subparagraph shall apply to any participant who, at the time of becoming a participant— (i) has not accrued any other benefit under any defined benefit plan (whether or not terminated) maintained by the employer or a member of the same controlled group of which the employer is a member, (ii) who first becomes a participant under the plan in a plan year beginning after December 31, 1987, and (iii) has years of service greater than the minimum years of service necessary for eligibility to participate in the plan. (D) Election An employer may elect not to have this subparagraph apply. Such an election, once made, may be revoked only with the consent of the Secretary. (i) Funded current liability percentage For purposes of this section, the term funded current liability percentage means, with respect to any plan year, the percentage which— (1) the value of the plan’s assets determined under subsection (c)(2), is of (2) the current liability under the plan. (j) Funding restoration status Notwithstanding any other provisions of this section— (1) Normal cost payment (A) In general In the case of a CSEC plan that is in funding restoration status for a plan year, for purposes of section 412, the term accumulated funding deficiency means, for such plan year, the greater of— (i) the amount described in subsection (a), or (ii) the excess of the normal cost of the plan for the plan year over the amount actually contributed to or under the plan for the plan year. (B) Normal cost In the case of a CSEC plan that uses a spread gain funding method, for purposes of this subsection, the term normal cost means normal cost as determined under the entry age normal funding method. (2) Plan amendments In the case of a CSEC plan that is in funding restoration status for a plan year, no amendment to such plan may take effect during such plan year if such amendment has the effect of increasing liabilities of the plan by means of increases in benefits, establishment of new benefits, changing the rate of benefit accrual, or changing the rate at which benefits become nonforfeitable. This paragraph shall not apply to any plan amendment that is required to comply with any applicable law. This paragraph shall cease to apply with respect to any plan year, effective as of the first day of the plan year (or if later, the effective date of the amendment) upon payment by the plan sponsor of a contribution to the plan (in addition to any contribution required under this section without regard to this paragraph) in an amount equal to the increase in the funding liability of the plan attributable to the plan amendment. (3) Funding restoration plan The sponsor of a CSEC plan shall establish a written funding restoration plan within 180 days of the receipt by the plan sponsor of a certification from the plan actuary that the plan is in funding restoration status for a plan year. Such funding restoration plan shall consist of actions that are calculated, based on reasonably anticipated experience and reasonable actuarial assumptions, to increase the plan’s funded percentage to 100 percent over a period that is not longer than the greater of 7 years or the shortest amount of time practicable. Such funding restoration plan shall take into account contributions required under this section (without regard to this paragraph). If a plan remains in funding restoration status for 2 or more years, such funding restoration plan shall be updated each year after the 1st such year within 180 days of receipt by the plan sponsor of a certification from the plan actuary that the plan remains in funding restoration status for the plan year. (4) Annual certification by plan actuary Not later than the 90th day of each plan year of a CSEC plan, the plan actuary shall certify to the plan sponsor whether or not the plan is in funding restoration status for the plan year, based on the plan’s funded percentage as of the beginning of the plan year. For this purpose, the actuary may conclusively rely on an estimate of— (A) the plan’s funding liability, based on the funding liability of the plan for the preceding plan year and on reasonable actuarial estimates, assumptions, and methods, and (B) the amount of any contributions reasonably anticipated to be made for the preceding plan year. Contributions described in subparagraph (B) shall be taken into account in determining the plan’s funded percentage as of the beginning of the plan year. (5) Definitions For purposes of this subsection— (A) Funding restoration status A CSEC plan shall be treated as in funding restoration status for a plan year if the plan’s funded percentage as of the beginning of such plan year is less than 80 percent. (B) Funded percentage The term funded percentage means the ratio (expressed as a percentage) which— (i) the value of plan assets (as determined under subsection (c)(2)), bears to (ii) the plan’s funding liability. (C) Funding liability The term funding liability for a plan year means the present value of all benefits accrued or earned under the plan as of the beginning of the plan year, based on the assumptions used by the plan pursuant to this section, including the interest rate described in subsection (b)(5)(A) (without regard to subsection (b)(5)(B)). (D) Spread gain funding method The term spread gain funding method has the meaning given such term under rules and forms issued by the Secretary. (E) Plan sponsor The term plan sponsor means, with respect to a CSEC plan, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the plan. . (b) CSEC plans Section 413 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) CSEC plans Notwithstanding any other provision of this section, in the case of a CSEC plan— (1) Funding The requirements of section 412 shall be determined as if all participants in the plan were employed by a single employer. (2) Application of provisions Paragraphs (1), (2), (3), and (5) of subsection (c) shall apply. (3) Deduction limitations Each applicable limitation provided by section 404(a) shall be determined as if all participants in the plan were employed by a single employer. The amounts contributed to or under the plan by each employer who maintains the plan (for the portion of the taxable year included within a plan year) shall be considered not to exceed such applicable limitation if the anticipated employer contributions for such plan year of all employers (determined in a reasonable manner not inconsistent with regulations prescribed by the Secretary) do not exceed such limitation. If such anticipated contributions exceed such limitation, the portion of each such employer’s contributions which is not deductible under section 404 shall be determined in accordance with regulations prescribed by the Secretary. (4) Allocations Allocations of amounts under paragraph (3) and subsection (c)(5) among the employers maintaining the plan shall not be inconsistent with the regulations prescribed for this purpose by the Secretary. . (c) Separate rules for CSEC plans (1) In general Paragraph (2) of section 412(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by inserting at the end thereof the following new subparagraph: (D) in the case of a CSEC plan, the employers make contributions to or under the plan for any plan year which, in the aggregate, are sufficient to ensure that the plan does not have an accumulated funding deficiency under section 433 as of the end of the plan year. . (2) Conforming amendments Section 412 of such Code is amended— (A) by striking multiemployer plan in paragraph (A) of subsection (a)(2), in clause (i) of subsection (c)(1)(B), the first place it appears in clause (i) of subsection (c)(1)(A), and the last place it appears in paragraph (2) of subsection (d), and inserting multiemployer plan or a CSEC plan , (B) by striking 430(j) in paragraph (1) of subsection (b) and inserting 430(j) or under section 433(f) , (C) (i) by striking and at the end of clause (i) of subsection (c)(1)(B), (ii) by striking the period at the end of clause (ii) of subsection (c)(1)(B) and inserting , and , and (iii) by inserting the following new clause after clause (ii) of subsection (c)(1)(B): (iii) in the case of a CSEC plan, the funding standard account shall be credited under section 433(b)(3)(C) with the amount of the waived funding deficiency and such amount shall be amortized as required under section 433(b)(2)(C). , (D) by striking under paragraph (1) in clause (i) of subsection (c)(4)(A) and inserting under paragraph (1) or for granting an extension under section 433(d) , (E) by striking waiver under this subsection in subparagraph (B) of subsection (c)(4) and inserting waiver under this subsection or an extension under 433(d) , (F) by striking waiver or modification in subclause (I) of subsection (c)(4)(B)(i) and inserting waiver, modification, or extension , (G) by striking waivers in the heading of subsection (c)(4)(C) and of clause (ii) of subsection (c)(4)(C) and inserting waivers or extensions , (H) by striking section 431(d) in subparagraph (A) of subsection (c)(7) and in paragraph (2) of subsection (d) and inserting section 431(d) or section 433(d) , (I) by striking and at the end of subclause (I) of subsection (c)(4)(C)(i) and inserting or the accumulated funding deficiency under section 433, whichever is applicable, , (J) by striking 430(e)(2), in subclause (II) of subsection (c)(4)(C)(i) and inserting 430(e)(2) or 433(b)(2)(C), whichever is applicable, and , (K) by adding immediately after subclause (II) of subsection (c)(4)(C)(i) the following new subclause: (III) the total amounts not paid by reason of an extension in effect under section 433(d), , and (L) by striking for waivers of in clause (ii) of subsection (c)(4)(C) and inserting for waivers or extensions with respect to . (3) Benefit restrictions (A) In general Paragraph (29) of section 401(a) of such Code is amended by striking multiemployer plan and inserting multiemployer plan or a CSEC plan . (B) Conforming change Subsection (a) of section 436 of such Code is amended by striking single-employer plan and inserting single-employer plan (other than a CSEC plan) . (4) Benefit increases Subparagraph (C) of section 401(a)(33) of such Code is amended by striking multiemployer plans and inserting multiemployer plans or CSEC plans . (5) Liquidity shortfalls (A) In general Subparagraph (A) of section 401(a)(32) of such Code is amended by striking 430(j)(4) each place it appears and inserting 430(j)(4) or 433(f)(5) . (B) Period of shortfall Subparagraph (C) of section 401(a)(32) of such Code is amended by striking 430(j)(3) by reason of section 430(j)(4)(A) thereof and inserting 430(j)(3) or 433(f) by reason of section 430(j)(4)(A) or 433(f)(5), respectively . (6) Deduction limits Subsection (o) of section 404 of such Code is amended by adding at the end the following new paragraph: (8) CSEC plans Solely for purposes of this subsection, a CSEC plan shall be treated as though section 430 applied to such plan and the minimum required contribution for any plan year shall be the amount described in section 412(a)(2)(D). . (7) Section 420 Paragraph (5) of section 420(e) of such Code is amended by striking section 430 each place it appears and inserting sections 430 and 433 . (8) Coordination with section 4971 (A) Subsection (a) of section 4971 of such Code is amended by striking and at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting , and , and by adding at the end thereof the following new paragraph: (3) in the case of a CSEC plan, 10 percent of the CSEC accumulated funding deficiency as of the end of the plan year ending with or within the taxable year. . (B) Subsection (b) of section 4971 of such Code is amended— (i) by striking or at the end of paragraph (1), by adding or at the end of paragraph (2), and by inserting immediately after paragraph (2) the following new paragraph: (3) a tax is imposed under subsection (a)(3) on any CSEC accumulated funding deficiency and the CSEC accumulated funding deficiency is not corrected within the taxable period, , and (ii) by striking minimum required contributions or accumulated funding deficiency and inserting minimum required contribution, accumulated funding deficiency, or CSEC accumulated funding deficiency . (C) Subsection (c) of section 4971 of such Code is amended— (i) by striking accumulated funding deficiency each place it appears in paragraph (2) and inserting accumulated funding deficiency or CSEC accumulated funding deficiency , (ii) by striking accumulated funding deficiency or unpaid minimum required contribution each place it appears in paragraph (3) and inserting accumulated funding deficiency, CSEC accumulated funding deficiency, or unpaid minimum required contribution , and (iii) by adding at the end the following new paragraph: (5) CSEC accumulated funding deficiency The term CSEC accumulated funding deficiency means the accumulated funding deficiency determined under section 433. . (D) Paragraph (1) of section 4971(d) of such Code is amended by striking accumulated funding deficiency or unpaid minimum required contribution and inserting accumulated funding deficiency, CSEC accumulated funding deficiency, or unpaid minimum required contribution . (E) Subsection (f) of section 4971 of such Code is amended— (i) by striking 430(j)(4) in paragraph (1) and inserting 430(j)(4) or 433(f) , (ii) by striking 430(j) in paragraph (1)(B) and inserting 430(j) or 433(f), whichever is applicable , and (iii) by striking 412(m)(5) in paragraph (3)(A) and inserting 430(j) or 433(f), whichever is applicable . (9) Excise tax on failure to adopt funding restoration plan Section 4971 of such Code is amended by redesignating subsection (h) as subsection (i), and by inserting after subsection (g) the following new subsection: (h) Failure of a CSEC plan sponsor To adopt funding restoration plan (1) In general In the case of a CSEC plan that is in funding restoration status (within the meaning of section 433(j)(5)(A)), there is hereby imposed a tax on the failure of such plan to adopt a funding restoration plan within the time prescribed under section 433(j)(3). (2) Amount of tax The amount of the tax imposed under paragraph (1) with respect to any plan sponsor for any taxable year shall be the amount equal to $100 multiplied by the number of days during the taxable year which are included in the period beginning on the day following the close of the 180-day period described in section 433(j)(3) and ending on the day on which the funding restoration plan is adopted. (3) Waiver by Secretary In the case of a failure described in paragraph (1) which the Secretary determines is due to reasonable cause and not to willful neglect, the Secretary may waive a portion or all of the tax imposed by such paragraph. (4) Liability for tax The tax imposed by paragraph (1) shall be paid by the plan sponsor (within the meaning of section 433(j)(5)(E)). . (10) Reporting (A) In general Paragraph (2) of section 6059(b) of such Code is amended by striking 430, and inserting 430, the accumulated funding deficiency under section 433, . (B) Assumptions Subparagraph (B) of section 6059(b)(3) of such Code is amended by striking 430(h)(1) or 431(c)(3) and inserting 430(h)(1), 431(c)(3), or 433(c)(3) . 203. Election not to be treated as a CSEC plan (a) In general Section 414(y) of the Internal Revenue Code of 1986, as added by section 201, is amended by adding at the end the following new paragraph: (3) Election (A) In general If a plan falls within the definition of a CSEC plan under this subsection (without regard to this paragraph), such plan shall be a CSEC plan unless the plan sponsor elects not later than the close of the first plan year of the plan beginning after December 31, 2013, not to be treated as a CSEC plan. An election under the preceding sentence shall take effect for such plan year and, once made, may be revoked only with the consent of the Secretary. (B) Special rule If a plan described in subparagraph (A) is treated as a CSEC plan, section 104 of the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, shall cease to apply to such plan as of the first date as of which such plan is treated as a CSEC plan. . (b) Effective date The amendment made by this section shall apply as of the date of enactment of this Act.
Passed the House of Representatives March 24, 2014. Karen L. Haas, Clerk.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4275eh/xml/BILLS-113hr4275eh.xml
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113-hr-4276
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I 113th CONGRESS 2d Session H. R. 4276 IN THE HOUSE OF REPRESENTATIVES March 18, 2014 Mr. Cassidy (for himself and Mr. McCarthy of California ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To extend and modify a pilot program on assisted living services for veterans with traumatic brain injury.
1. Short title This Act may be cited as the Veterans Traumatic Brain Injury Care Improvement Act of 2014 . 2. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury (a) Extension of program Subsection (a) of section 1705 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 38 U.S.C. 1710C note) is amended by striking a five-year and inserting an eight-year . (b) Modification of locations Subsection (b) of such section is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by striking paragraph (1) and inserting the following new paragraphs: (1) In general The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program. (2) Located in same region as polytrauma centers Of the locations selected under paragraph (1), at least one location shall be in each health care region of the Veterans Health Administration of the Department of Veterans Affairs that contains a polytrauma center of the Department of Veterans Affairs. . (c) Modification of report requirements Subsection (e) of such section is amended to read as follows: (e) Reports (1) Quarterly reports (A) In general During each 90-day period occurring during the period beginning January 1, 2016, and ending January 1, 2018, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the pilot program. (B) Elements Each report submitted under subparagraph (A) shall include the following: (i) The number of individuals that participated in the pilot program during the quarter preceding the submission of the report. (ii) The number of individuals that successfully completed the pilot program during the quarter preceding the submission of the report. (iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program. (iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement. (2) Final report (A) In general Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a final report on the pilot program. (B) Elements The final report required by subparagraph (A) shall include the following: (i) A description of the pilot program. (ii) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury, including complex mild traumatic brain injury. (iii) An evaluation of the pilot program in light of independent living programs carried out by the Secretary under title 38, United States Code, including— (I) whether the pilot program duplicates services provided under such independent living programs; (II) the ways in which the pilot program provides different services; (III) how the pilot program could be better defined or shaped; and (IV) whether the pilot program should be incorporated into such independent living programs. (iv) Such recommendations as the Secretary considers appropriate regarding improving the pilot program. . (d) Modification of definitions (1) Community-based brain injury residential rehabilitative care services Such section is further amended— (A) in the section heading, by striking assisted living and inserting community-based brain injury residential rehabilitative care ; (B) in subsection (c), in the subsection heading, by striking Assisted Living and inserting Community-Based Brain Injury Residential Rehabilitative Care ; (C) by striking assisted living each place it appears, and inserting community-based brain injury rehabilitative care ; and (D) in subsection (f)(1), by striking and personal care and inserting rehabilitation, and personal care . (2) Eligible veteran Subsection (f)(3) of such section is amended— (A) in subparagraph (C), by striking ; and and inserting a semicolon; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (E) has a traumatic brain injury that is classified as complex-mild to severe. . (e) Authorization of appropriations There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $46,000,000 to carry out the pilot program under section 1705 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 38 U.S.C. 1710C note), as amended by this section. The amount so authorized to be appropriated shall be available for obligation for the three-year period beginning on October 1, 2014. (f) Effective date The amendments made by this section shall take effect on October 1, 2014. 3. Improvements to recovery by United States of cost of certain care and services provided by Department of Veterans Affairs Section 1729(h) of title 38, United States Code, is amended by adding at the end the following new paragraph: (4) (A) Notwithstanding paragraph (3) or section 7332 of this title, the Secretary may make available to third parties medical records of a veteran described in paragraph (2) without the written consent of the veteran if— (i) the care or services furnished to the veteran for which recovery or collection is sought under this section relates to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia; and (ii) by not later than 30 days after receiving such care or services, the Secretary does not receive from the veteran a notification described in subparagraph (B). (B) A notification described in this subparagraph is a notification by a veteran that the veteran does not consent to a disclosure of medical records of the veteran under subparagraph (A). .
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113-hr-4277
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I 113th CONGRESS 2d Session H. R. 4277 IN THE HOUSE OF REPRESENTATIVES March 18, 2014 Mr. Young of Alaska (for himself, Ms. Moore , Mr. Cole , Mr. Heck of Washington , Ms. Hanabusa , and Mr. Kildee ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Native American Housing Assistance and Self-Determination Reauthorization 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. References. Title I—BLOCK GRANTS AND GRANT REQUIREMENTS Sec. 101. Block grants. Sec. 102. Indian housing plans. Sec. 103. Treatment of labor standards. Sec. 104. Environmental review. Sec. 105. Failure to act on request for approval regarding exceeding TDC maximum cost for project. Title II—AFFORDABLE HOUSING ACTIVITIES Sec. 201. National objectives and eligible families. Sec. 202. Eligible affordable housing activities. Sec. 203. Program requirements. Sec. 204. Low-income requirement and income targeting. Sec. 205. Lease requirements and tenant selection. Sec. 206. Tribal coordination of agency funding. Title III—ALLOCATION OF GRANT AMOUNTS Sec. 301. Authorization of appropriations. Title IV—AUDITS AND REPORTS Sec. 401. Review and audit by Secretary. Sec. 402. Reports to Congress. Title V—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS Sec. 501. HUD-Veterans Affairs supportive housing program for Native American veterans. Sec. 502. Public and Assisted Housing Drug Elimination Act of 1990. Sec. 503. 50-year leasehold interest in trust or restricted lands for housing purposes. Sec. 504. Training and technical assistance. Sec. 505. Loan guarantees for Indian housing. Sec. 506. Loan guarantees for Native Hawaiian housing. Title VI—MISCELLANEOUS Sec. 601. Reauthorization of Native Hawaiian Homeownership Act. Sec. 602. Native hiring and appointment in HUD Office of Native American Programs. Sec. 603. Lands Title Report Commission. Sec. 604. Limitation on use of funds for Cherokee Nation. Sec. 605. Clerical amendment. 2. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ). I BLOCK GRANTS AND GRANT REQUIREMENTS 101. Block grants Section 101 ( 25 U.S.C. 4111 ) is amended— (1) in subsection (c), by adding after the period at the end the following: If the Secretary fails to act on a waiver request submitted under this subsection by a recipient within 60 days after receipt of such request, the waiver request shall be deemed approved. ; (2) in subsection (j), by striking section 501 of title 40, and inserting title 40 of the ; and (3) in subsection (k), by striking 1 and inserting an . 102. Indian housing plans Section 102(a)(1)(B) ( 25 U.S.C. 4112(a)(1)(B) ) is amended by inserting before the semicolon the following: , except that the Secretary may grant a waiver of the submission requirements upon meeting certain factors to be set out by regulation, and provided further that a request for such waiver shall be deemed approved if the Secretary does not act on such request within 60 days of receipt . 103. Treatment of labor standards Section 104(b)(3) ( 25 U.S.C. 4114(b)(3) ) is amended by adding after the period at the end the following: Notwithstanding any other provision of law, tribally determined wages adopted in accordance with this paragraph shall apply to the administration of all Federal funding for projects funded in whole or in part by funds provided under this Act. . 104. Environmental review Section 105 ( 25 U.S.C. 4115 ) is amended— (1) in subsection (d)— (A) in the matter preceding paragraph (1), by striking may and inserting shall ; and (B) by adding after and below paragraph (4) the following: If the Secretary fails to act on a waiver request submitted under this subsection by a recipient within 60 days after receipt of such request, the waiver shall be deemed approved. ; and (2) by adding at the end the following new subsection: (e) Consolidation of environmental review requirements If a recipient is using one or more sources of Federal funds in addition to grant amounts under this Act in carrying out a project that qualifies as an affordable housing activity under section 202 and the recipient’s tribe has assumed all of the responsibilities for environmental review, decisionmaking, and action pursuant to this section, the recipient’s compliance with the National Environmental Policy Act of 1969 review requirements under this section with regard to such project shall be deemed to fully comply with and discharge any applicable environmental review requirements that might apply to the use of such additional Federal funding sources for that project. . 105. Failure to act on request for approval regarding exceeding TDC maximum cost for project A request for approval by the Secretary of Housing and Urban Development to exceed by more than 10 percent the total development cost maximum cost for a project shall be deemed to be approved if the Secretary fails to take action on the request during the 60-day period that begins on the date that the Secretary receives the request. II AFFORDABLE HOUSING ACTIVITIES 201. National objectives and eligible families Paragraph (6) of section 201(b) ( 25 U.S.C. 4131(b)(6) ; relating to exemption) is amended— (1) by striking 1964 and and inserting 1964, ; and (2) by inserting after 1968 the following: , and section 3 of the Housing and Urban Development Act of 1968 . 202. Eligible affordable housing activities Section 202(9)(A) ( 25 U.S.C. 4132(9)(A) ) is amended— (1) by striking only ; (2) by striking administration and planning related to ; and (3) by inserting including administration and planning, after section, . 203. Program requirements Section 203 ( 25 U.S.C. 4133 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3) ; and (B) by adding at the end the following new paragraph: (3) Application of tribal policies Paragraph (2) shall not apply if the recipient has a written policy governing rents and homebuyer payments charged for dwelling units and such policy does not include a provision governing maximum rents or homebuyer payments. ; (2) in subsection (c), by striking or assisted with and inserting by a recipient ; and (3) in subsection (e), by striking assisted with and inserting units that are owned or operated by a recipient using . 204. Low-income requirement and income targeting Section 205 ( 25 U.S.C. 4135 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new subsection: (E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental tenant for conversion to a homebuyer or a lease-purchase unit, that the current rental tenant can purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for occupancy only by a family that is a low-income family at the time of their initial occupancy of such unit; and ; and (B) in paragraph (2)— (i) by striking satisfactory to the Secretary and inserting in such form as the Secretary shall, by regulation, require ; and (ii) by striking Secretary) and inserting recipient) ; and (2) in subsection (c), by adding after the period at the end the following: The provisions of such paragraph regarding binding commitments for the remaining useful life of the property shall not apply to improvements of privately owned homes if the cost of such improvements do not exceed 10 percent of the maximum total development cost for such home. . 205. Lease requirements and tenant selection Section 207 ( 25 U.S.C. 4137 ) is amended by adding at the end the following new subsection: (c) Notice of termination Notwithstanding any other provision of law, the owner or manager of rental housing that is assisted in part with amounts provided under this Act and in part with one or more other sources of Federal funds shall only utilize leases that require a notice period for the termination of the lease pursuant to subsection (a)(3). . 206. Tribal coordination of agency funding Subtitle A of title II ( 25 U.S.C. 4131 et seq. ) is amended by adding at the end the following new section: 211. Tribal coordination of agency funding Notwithstanding any other provision of law, a recipient authorized to receive funding under this Act may, in its discretion, use funding from the Indian Health Service of the Department of Health and Human Services for construction of sanitation facilities for housing construction and renovation projects that are funded in part by funds provided under this Act. . III ALLOCATION OF GRANT AMOUNTS 301. Authorization of appropriations The first sentence of section 108 ( 25 U.S.C. 4117 ) is amended by striking such sums as may be necessary for each of fiscal years 2009 through 2013 and inserting $650,000,000 for each of fiscal years 2015 through 2019 . IV AUDITS AND REPORTS 401. Review and audit by Secretary Section 405(c) ( 25 U.S.C. 4165(c) ) is amended, by adding at the end the following new paragraph: (3) Failure to issue final report The Secretary shall issue a final report within 60 days after receiving comments under paragraph (1) from a recipient. . 402. Reports to Congress Section 407 ( 25 U.S.C. 4167 ) is amended— (1) in subsection (a), by striking Congress and inserting Committee on Financial Services and the Committee on Natural Resources of the House of Representatives, to the Committee on Indian Affairs and the Committee on Banking, Housing, and Urban Affairs of the Senate, and to any subcommittees of such committees having jurisdiction with respect to Native American and Alaska Native affairs, ; and (2) by adding at the end the following new subsection: (c) Public availability to recipients Each report submitted pursuant to subsection (a) shall be made publicly available to recipients. . V OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 501. HUD-Veterans Affairs supportive housing program for Native American veterans Paragraph (19) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) is amended by adding at the end the following new subparagraph: (D) Native American veterans (i) Authority Of the funds made available for rental assistance under this subsection for fiscal year 2015 and each fiscal year thereafter, the Secretary shall set aside 0.1 percent for a supported housing and rental assistance program modeled on the HUD-Veterans Affairs Supportive Housing (HUD–VASH) program, to be administered in conjunction with the Department of Veterans Affairs, for the benefit of homeless Native American veterans and veterans at risk of homelessness. (ii) Recipients Such rental assistance shall be made available to recipients eligible to receive block grants under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ). (iii) Funding criteria Funds shall be awarded based on need, administrative capacity, and any other funding criteria established by the Secretary in a notice published in the Federal Register, after consultation with the Secretary of Veterans Affairs, by a date sufficient to provide for implementation of the program under this subparagraph in accordance with clause (i). (iv) Program requirements Such funds shall be administered by block grant recipients in accordance with program requirements under Native American Housing Assistance and Self-Determination Act of 1996 in lieu of program requirements under this Act. (v) Waiver The Secretary may waive, or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this subparagraph, but only upon a finding by the Secretary that such waiver or alternative requirement is necessary to promote administrative efficiency, eliminate delay, consolidate or eliminate duplicative or ineffective requirements or criteria, or otherwise provide for the effective delivery and administration of such supportive housing assistance to Native American veterans. (vi) Consultation The Secretary and the Secretary of Veterans Affairs shall jointly consult with block grant recipients and any other appropriate tribal organizations to— (I) ensure that block grant recipients administering funds made available under the program under this subparagraph are able to effectively coordinate with providers of supportive services provided in connection with such program; and (II) ensure the effective delivery of supportive services to Native American veterans that are homeless or at risk of homelessness eligible to receive assistance under this subparagraph. Consultation pursuant to this clause shall be completed by a date sufficient to provide for implementation of the program under this subparagraph in accordance with clause (i). (vii) Rulemaking The first negotiated rulemaking committee established pursuant to subchapter III of chapter 5 of title 5, United States Code, for rulemaking relating to the Native American Housing Assistance and Self-Determination Act of 1996, or any amendments to such Act, but that is not established to consider matters relating to the allocation formula under section 302 of such Act (25 U.S.C. 4152), shall review the requirements and criteria for the supported housing and rental assistance program under this subparagraph and may report to the Secretary a proposed rule revising such requirements and criteria. . 502. Public and Assisted Housing Drug Elimination Act of 1990 Section 5124(a) of the Public and Assisted Housing Drug Elimination Act of 1990 (42 U.S.C. 11903(a)) is amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (9) the physical clean-up and remediation of structures and related infrastructure damaged and rendered unfit for human habitation or other use due to the previous conduct of methamphetamine-related activities in such structures. . 503. 50-year leasehold interest in trust or restricted lands for housing purposes Section 702(c)(1) ( 25 U.S.C. 4211(c)(1) ) is amended by inserting , whether enacted before, on, or after the date of the enactment of this section after law, . 504. Training and technical assistance Section 703 ( 25 U.S.C. 4212 ) is amended— (1) by striking There are authorized to be appropriated and inserting Of any amounts appropriated pursuant to section 108, the Secretary may use such sums as may be necessary for ; and (2) by striking such sums as may be necessary for each of fiscal years 2009 through 2013 . 505. Loan guarantees for Indian housing Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is amended— (1) in subparagraph (B), by inserting after the period at the end of the first sentence the following: There are authorized to be appropriated for such costs $12,200,000 for each of fiscal years 2015 through 2019. ; and (2) in subparagraph (5)— (A) by striking 2008 through 2012 and inserting 2015 through 2019 ; and (B) by striking such amount as may be provided in appropriation Acts for and inserting $976,000,000 for each . 506. Loan guarantees for Native Hawaiian housing Section 184A(j)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b(j)(5)) is amended— (1) in subparagraph (B), by inserting after the period at the end of the first sentence the following: There are authorized to be appropriated for such costs $386,000 for each of fiscal years 2015 through 2019. ; and (2) in subparagraph (5), by striking for each of fiscal years and all that follows through the period at the end and inserting for each of fiscal years 2015 through 2019 with an aggregate outstanding principal amount not exceeding $41,504,000 for each such fiscal year. . VI MISCELLANEOUS 601. Reauthorization of Native Hawaiian Homeownership Act Section 824 ( 25 U.S.C. 4243 ) is amended by striking such sums as may be necessary and all that follows through the period at the end and inserting $13,000,000 for each of fiscal years 2015 through 2019. . 602. Native hiring and appointment in HUD Office of Native American Programs Section 3 ( 25 U.S.C. 4102 ) is amended— (1) by designating the first sentence as subsection (a); and (2) by adding at the end the following new subsection: (b) Native hiring and appointment The Secretary shall develop and implement a policy that promotes increased hiring and appointment of Indians and Native Hawaiians (as such term is defined in section 801) to vacancies in any positions in the Department of Housing and Urban Development’s Office of Native American Programs that involve the administration of functions or services affecting Indians or Native Hawaiians. . 603. Lands Title Report Commission Section 501 of the American Homeownership and Economic Opportunity Act of 2000 (25 U.S.C. 4043 note) is amended— (1) in subsection (a), by striking Subject to sums being provided in advance in appropriations Acts, there and inserting There ; and (2) in subsection (b)(1) by striking this Act and inserting the Native American Housing Assistance and Self-Determination Reauthorization Act of 2014 . 604. Limitation on use of funds for Cherokee Nation Section 801 of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 ( Public Law 110–411 ) is amended by striking Temporary Order and Temporary Injunction issued on May 14, 2007, by the District Court of the Cherokee Nation and inserting Order issued September 21, 2011, by the Federal District Court for the District of Columbia . 605. Clerical amendment The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 note) is amended by striking the item relating to section 206 (treatment of funds).
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113-hr-4278
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I 113th CONGRESS 2d Session H. R. 4278 IN THE HOUSE OF REPRESENTATIVES March 21, 2014 Mr. Royce (for himself and Mr. Engel ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To support the independence, sovereignty, and territorial integrity of Ukraine, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Ukraine Support Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. United States policy. Title I—Assistance provisions Sec. 101. Support for democratic governance and civil society in Ukraine. Sec. 102. Economic reform in Ukraine. Sec. 103. United States international programming to Ukraine and neighboring regions. Sec. 104. Overseas Private Investment Corporation. Sec. 105. Enhanced assistance for law enforcement in Ukraine. Sec. 106. Enhanced security cooperation among Central and Eastern European NATO member states. Sec. 107. United States-Ukraine security assistance. Sec. 108. Recovery of assets linked to corruption in Ukraine. Sec. 109. European Bank for Reconstruction and Development. Title II—Sanctions provisions Sec. 201. Continuation in effect of sanctions with respect to the blocking of certain persons contributing to the situation in Ukraine. Sec. 202. Imposition of additional sanctions on persons responsible for violence or who undermine the independence, sovereignty, or territorial or economic integrity of Ukraine. Sec. 203. Report on certain foreign financial institutions. Sec. 204. Amendment to the Iran, North Korea, and Syria Nonproliferation Act. Sec. 205. Sense of Congress on human rights in the Russian Federation. Sec. 206. Certification described and submission to Congress. Sec. 207. Appropriate congressional committees defined. 2. United States policy It is the policy of the United States— (1) to support the right of the people of Ukraine to freely determine their future, including their country’s relationship with other nations and international organizations, without interference, intimidation, or coercion by other countries; (2) to support the people of Ukraine in their desire to address endemic corruption, consolidate democracy, and achieve sustained prosperity; (3) to support the efforts of the Government of Ukraine to bring to justice those responsible for the acts of violence against peaceful protestors and other unprovoked acts of violence related to the anti-government protests that began on November 21, 2013; (4) to support the efforts of the Government of Ukraine to recover and return to the Ukrainian state funds stolen by former President Yanukovych, his family, and other current and former members of the Ukrainian government, along with others legitimately charged by government authorities with similar offenses; (5) to assist the Government of Ukraine in preparations for the presidential election scheduled for May 25, 2014, and to participate in efforts to ensure that this election is conducted in accordance with international standards; (6) to promote democratic values, transparent and accountable government institutions, and advance United States national security interests through United States international broadcasting, including the Voice of America and Radio Free Europe/Radio Liberty (RFE/RL), Incorporated; (7) to support needed economic structural reforms in Ukraine, including in the fiscal, energy, pension, and banking sectors, among others; (8) to support energy diversification initiatives to reduce Russian control of energy supplies to Ukraine and other European countries, including United States promotion of increased natural gas exports and energy efficiency; (9) to condemn the armed intervention of the Russian Federation in Ukraine, including its continuing political, economic, and military aggression against that country; (10) to work with United States allies and partners in Europe and around the world, including at the United Nations, to ensure that all nations refuse to recognize the illegal annexation of Crimea by the Russian Federation and reaffirm the independence, sovereignty, and territorial integrity of Ukraine; (11) to refuse to recognize the legitimacy of the illegal referendum in Crimea on March 16, 2014, on the status of that region of Ukraine, which was held under conditions of occupation and coercion by Russian forces; (12) to support the deployment of international monitors to Ukraine to assess the current status of its territorial integrity and the safety of all people in Ukraine; (13) to encourage the Government of Ukraine to continue to respect and protect the rights of all ethnic, religious, and linguistic minorities; (14) to call on all Ukrainians to respect the legitimate government authorities, as well as all Ukrainian laws and the Constitution of Ukraine in all regions of Ukraine, including Crimea; and (15) to honor and abide by its commitments undertaken pursuant to Article 5 of the North Atlantic Treaty, signed at Washington, District of Columbia, on April 4, 1949, and entered into force on August 24, 1949. I Assistance provisions 101. Support for democratic governance and civil society in Ukraine (a) In general The President is authorized and encouraged to provide assistance to support democracy and civil society in Ukraine by undertaking the activities described in subsection (b). (b) Activities described The activities described in this subsection are— (1) improving democratic governance, transparency, accountability, rule of law, and anti-corruption efforts; (2) supporting Ukrainian efforts to foster greater unity among people and regions of the country, combat anti-Semitism and promote respect for religious freedom; (3) supporting the people and Government of Ukraine in preparing to conduct and participate in free and fair elections, including through domestic and international election monitoring; (4) assisting Ukraine in diversifying its economy, trade, and energy supplies, including at the national, regional, and local levels; (5) strengthening democratic institutions and political and civil society organizations; and (6) expanding free and unfettered access to independent media of all kinds in Ukraine and assisting with the protection of journalists and civil society activists who have been targeted for free speech activities. (c) Availability of funds Of amounts made available to carry out the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) for fiscal year 2014, $50,000,000 is authorized to be appropriated to carry out this section. 102. Economic reform in Ukraine (a) Findings Congress finds the following: (1) The Ukrainian economy is weak and vulnerable, as evidenced by short-term debt interest rates as high as 15 percent, a high proportion of foreign exchange-denominated government debt that will mature in 2014 and 2015, a banking sector with non-performing loans at the high level of 14 percent, a financing gap which the Government of Ukraine has estimated will amount to $35 billion over the next two years, and a large underground economy. This economic condition undermines democratic prospects in Ukraine. (2) Years of poor economic management and performance have undermined and may continue to undermine political stability and unity within Ukraine. (3) On March 6, 2014, the House of Representatives passed H.R. 4152, to redirect previously appropriated funds to cover the cost of roughly $1 billion in loan guarantees for Ukraine. (b) Statement of policy It shall be the policy of the United States to work with other countries and international institutions to stabilize the Ukrainian economy, while promoting critically needed structural economic reforms in Ukraine, including— (1) cutting the massive natural gas subsidies that have led to market inefficiencies; (2) reducing the bloated public sector; (3) maintaining a market-determined exchange rate; (4) strengthening the vulnerable banking sector; and (5) reducing corruption. (c) Sense of Congress It is the sense of Congress that loan guarantees provided by the United States for Ukraine should be used to promote government, banking and energy sector reform, and anti-corruption efforts in Ukraine. 103. United States international programming to Ukraine and neighboring regions (a) Findings and declarations Congress finds and declares the following: (1) The Russian Government has deliberately blocked the Ukrainian people’s access to uncensored sources of information and has provided alternative news and information that is both inaccurate and inflammatory. (2) United States international programming exists to advance the United States interests and values by presenting accurate and comprehensive news and information, which is the foundation for democratic governance. (3) The opinions and views of the Ukrainian people, especially those people located in the eastern regions and Crimea, are not being accurately represented in Russian dominated mass media. (4) Russian forces have seized more than five television stations in Crimea and taken over transmissions, switching to a 24/7 Russian propaganda format; this increase in programming augments the already robust pro-Russian programming to Ukraine. (5) United States international programming has the potential to combat this anti-democratic propaganda. (b) Programming Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, and the Voice of America service to Ukraine and neighboring regions shall— (1) provide news and information that is accessible, credible, and accurate; (2) emphasize investigative and analytical journalism to highlight inconsistencies and misinformation provided by Russian or pro-Russian media outlets; (3) prioritize programming to areas where access to uncensored sources of information is limited or non-existent, especially populations serviced by Russian supported media outlets; (4) increase the number of reporters and organizational presence in eastern Ukraine, especially in Crimea; (5) promote democratic processes, respect for human rights, freedom of the press, and territorial sovereignty; and (6) take necessary preparatory steps to continue and increase programming and content services to Russia. (c) Programming surge RFE/RL, Incorporated, and Voice of America programming to Ukraine and neighboring regions shall— (1) prioritize programming to eastern Ukraine, including Crimea, and to ethnic and linguistic Russian populations, as well as Tatar minorities; (2) prioritize news and information that directly contributes to the target audiences’ understanding of political and economic developments in Ukraine, including countering misinformation that may originate from other news outlets, especially Russian supported news outlets; (3) provide programming content 24 hours a day, seven days a week to target populations, using all available and effective distribution outlets, including— (A) at least 8 weekly hours of total original television and video content in Ukrainian, Russian, and Tatar languages, not inclusive of live video streaming coverage of breaking news, to be distributed on satellite, digital, and through regional television affiliates by the Voice of America; and (B) at least 14 weekly hours the total audio content in Ukrainian, Russian, and Tatar languages to be distributed on satellite, digital, and through regional radio affiliates of RFE/RL, Incorporated; (4) expand the use, audience, and audience engagement of mobile news and multimedia platforms by RFE/RL, Incorporated, and the Voice of America, including through Internet-based social networking platforms; and (5) partner with private sector broadcasters and affiliates to seek and start co-production for new, original content, when possible, to increase distribution. (d) Authorization of appropriations (1) In general There is authorized to be appropriated for fiscal year 2014, in addition to funds otherwise made available for such purposes, up to $10,000,000 to carry out programming in the Ukrainian, Balkan, Russian, and Tatar language services of RFE/RL, Incorporated, and the Voice of America, for the purpose of bolstering existing United States programming to the people of Ukraine and neighboring regions, and increasing programming capacity and jamming circumvention technology to overcome any disruptions to service. (2) Offset Section 102(a) of the Enhanced Partnership with Pakistan Act of 2009 ( 22 U.S.C. 8412(a) ; Public Law 111–73; 123 Stat. 2068) is amended by striking $1,500,000,000 and inserting $1,490,000,000 . (e) Report Not later than 15 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the Committees on Foreign Affairs and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate a detailed report on plans to increase broadcasts pursuant to subsections (a) and (b). 104. Overseas Private Investment Corporation It is the sense of Congress that the Overseas Private Investment Corporation should prioritize investments in Ukraine. 105. Enhanced assistance for law enforcement in Ukraine (a) Statement of policy It shall be the policy of the United States to assist Ukraine to eliminate the human rights abuses associated with the Berkut forces in order to foster a democratically reformed police force with strong public oversight, which is critical to fostering political unity and stability throughout Ukraine. (b) Availability of funds Of amounts made available to carry out section 1207 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 2151 note) for fiscal year 2014, $8,000,000 is authorized to be appropriated to enhance United States efforts to assist Ukraine to strengthen law enforcement capabilities and maintain the rule of law. (c) Notification requirement The congressional notification requirements contained in section 1207(l) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 2151 note) shall apply to the initiation of activities under a program of assistance under subsection (b) to the same extent and in the same manner as such congressional notification requirements apply to the initiation of activities under a program of assistance section 1207(b) of such Act. 106. Enhanced security cooperation among Central and Eastern European NATO member states (a) In general The Secretary of State, in consultation with the heads of appropriate United States departments and agencies, shall seek to provide enhanced security cooperation with Central and Eastern European North Atlantic Treaty Organization (NATO) member states by undertaking the activities described in subsection (b). (b) Activities described The activities described in this subsection are— (1) enhancing existing security cooperation, including defense and military-to-military cooperation, among Central and Eastern European NATO member states; (2) enhancing security relationships among the United States, the European Union, and Central and Eastern European NATO member states; (3) providing defense articles, defense services, and military training to Central and Eastern European NATO member states; (4) expanding the scope and frequency of military exercises among Central and Eastern European NATO member states; and (5) supporting greater reform, professionalism, and capacity-building efforts within the military, intelligence, and security services in Central and Eastern European NATO member states. 107. United States-Ukraine security assistance (a) Findings Congress finds that— (1) in fiscal year 2013 the United States provided Ukraine with nearly $2,000,000 in assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to International Military Education Training) and nearly $7,000,000 in assistance under section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ; relating to the Foreign Military Financing Program); and (2) Ukraine has been a longstanding member of NATO’s Partnership for Peace. (b) Sense of Congress It is the sense of Congress that— (1) United States assistance to Ukraine under chapter 5 of part II of the Foreign Assistance Act of 1961 and section 23 of the Arms Export Control Act should continue; (2) consistent with section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) ), the President is encouraged to draw down defense articles from the stocks of the Department of Defense, in order to provide non-lethal assistance, which could include communication equipment, clothing, fuel and other forms of appropriate assistance, to the Government of Ukraine; and (3) the Administration should expeditiously conclude its current review of all security assistance to the Government of Ukraine. 108. Recovery of assets linked to corruption in Ukraine It is the sense of Congress that the Administration should provide expedited assistance to the Government of Ukraine to identify, investigate, secure, and recover assets stolen from the Government of Ukraine or linked to acts of corruption by former President Viktor Yanukovych, members of his family, and other former or current Ukrainian government officials, and their accomplices in any jurisdiction through appropriate United States Government and multilateral programs, including the Department of Justice’s Kleptocracy Asset Recovery Initiative, the Egmont Group, the Stolen Asset Recovery Initiative, the Camden Asset Recovery Inter-Agency Network, and the Asset Recovery Focal Point Initiative. 109. European Bank for Reconstruction and Development (a) Findings The Congress finds the following: (1) Article 1 of the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) states that the EBRD should support investments in countries that are committed to and applying the principles of multiparty democracy, pluralism, and market economics, and the EBRD has recognized that Russian progress in the application of these principles … has been uneven . (2) Russia received 21 percent of the investments made by the EBRD in 2013, which is more than any other country received from the EBRD in that year, and has received an inordinate ratio of investment from the EBRD since the 2006 Capital Resources Review. (b) Sense of the Congress It is the sense of the Congress that the European Bank for Reconstruction and Development (EBRD) should increase investments in Ukraine and cease new investments in the Russian Federation, and the United States Government should press the EBRD to support new investment in Ukraine and halt consideration of new investment in Russia. II Sanctions provisions 201. Continuation in effect of sanctions with respect to the blocking of certain persons contributing to the situation in Ukraine (a) In general United States sanctions described in subsection (b), as in effect on the day before the date of the enactment of this Act, shall remain in effect until the earlier of— (1) the date that is 90 days after the date on which the President submits to the appropriate congressional committees the certification described in subsection (a) of section 206 in accordance with subsection (b) of such section; or (2) the date that is 30 days after any date subsequent to January 1, 2020, on which the President submits to the appropriate congressional committees in writing a determination that the termination of such sanctions imposed is in the vital national security interests of the United States. (b) Sanctions described United States sanctions described in this subsection are sanctions imposed under the following executive orders: (1) Executive Order 13660 (March 6, 2014; relating to blocking property of certain persons contributing to the situation in Ukraine). (2) Executive Order 13661 (March 16, 2014; relating to blocking property of additional persons contributing to the situation in Ukraine). (3) Executive Order 13662 (March 20, 2014; relating to blocking property of additional persons contributing to the situation in Ukraine). 202. Imposition of additional sanctions on persons responsible for violence or who undermine the independence, sovereignty, or territorial or economic integrity of Ukraine (a) Statement of policy It shall be the policy of the United States to impose sanctions with respect to those individuals within and outside of the Government of the Russian Federation whom the President determines wields significant influence over the formation and implementation of Russian foreign policy, in particular with respect to the violation of Ukraine’s sovereignty, democracy, and territorial integrity. (b) Criteria for imposition of sanctions A foreign person or an alien is subject to sanctions under subsection (c) in accordance with the provisions of such subsection if the foreign person or alien, on or after November 21, 2013— (1) is knowingly responsible for or complicit in, or engaged in, directly or indirectly— (A) actions that significantly undermine democratic processes or institutions in Ukraine; (B) actions that significantly threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine; (C) acts of significant corruption in Ukraine, or the seizure or expropriation of significant economic assets from Ukraine, including the expropriation of private or state assets for personal gain, or the facilitation or transfer of the proceeds of such expropriation to foreign jurisdictions; or (D) the commission of serious human rights abuses against citizens of Ukraine or citizens of the Russian Federation; (2) is a current or former senior official of the Government of the Russian Federation who has engaged in any activity described in paragraph (1); (3) operates in the arms or related materiel sector in the Russian Federation that has engaged in any activity described in paragraph (1); (4) is a current or former leader of an entity that has, or whose members have, knowingly engaged in any activity described in paragraph (1), (2), or (3) or of an entity whose property and interests in property are blocked pursuant to this section; (5) has knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in paragraph (1), (2), or (3) or of any person whose property and interests in property are blocked pursuant to this section; or (6) is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section. (c) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking With respect to a foreign person who the President, acting through the Secretary of the Treasury and in consultation with the Secretary of State (or their designees), determines meets the requirements described in subsection (b), the President, acting through the Secretary of the Treasury and in consultation with the Secretary of State (or their designees), shall to the extent necessary investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Aliens ineligible for visas, admission, or parole (i) Visas, admission, or parole An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, meets any of the criteria described in subsection (b) is— (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (ii) Current visas revoked (I) In general The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who meets any of the criteria described in subsection (b), regardless of when issued. (II) Judicial review Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a revocation decision under this clause, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a revocation. (III) Effect of revocation A revocation under subclause (I)— (aa) shall take effect immediately; and (bb) shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (2) Penalties A foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Regulatory authority The President shall, not later than 90 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this section. (4) Exception to comply with united nations headquarters agreement Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (5) Rule of construction Nothing in this section shall be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ). (d) Waiver The President may waive the application of sanctions under subsection (c) with respect to a foreign person or alien if the President— (1) determines that such a waiver is vital to the national interest of the United States; and (2) not less than 15 days after the waiver takes effect, submits to the appropriate congressional committees a notice of the waiver and a justification for such waiver. (e) Report (1) Report required (A) In general Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 2 years, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a detailed report with respect to whether senior foreign political figures of the Russian Federation are responsible for engaging in activities described in subsection (b). (B) Form The report required by subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. (2) Requests by chairperson and ranking member of appropriate congressional committees (A) In general Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a senior foreign political figure of the Russian Federation is responsible for engaging in activities described in subsection (b), the President shall submit a response to the chairperson and ranking member of the committee which made the request with respect to the status of the person. (B) Form The President may submit a response required by subparagraph (A) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Definition In this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (f) Definitions In this section: (1) Admitted The term admitted has the meaning given such term in section 101(a)(13)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(A)). (2) Alien The term alien has the meaning given such term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)). (3) Financial institution The term financial institution has the meaning given that term in section 5312 of title 31, United States Code. (4) Foreign person The term foreign person means— (A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; (B) a corporation, partnership, or other nongovernmental entity which is not a United States person; or (C) any representative, agent or instrumentality of, or an individual working on behalf of a foreign government. (5) Paroled The term paroled means paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ). (6) Senior foreign political figure The term senior foreign political figure means— (A) a current or former— (i) senior official in the executive, legislative, administrative, military, or judicial branches of a foreign government (whether elected or not); (ii) senior official of a major foreign political party; or (iii) senior executive of a foreign-government-owned commercial enterprise; (B) a corporation, business, or other entity that has been formed by, or for the benefit of, any such individual; (C) an immediate family member (including spouses, parents, siblings, children, and a spouse’s parents and siblings) of any such individual; or (D) a person who is widely and publicly known to be a close associate of such individual. (7) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. (g) Termination This section and any sanction imposed by this section shall remain in effect until the earlier of— (1) the date that is 90 days after the date on which the President submits to the appropriate congressional committees the certification described in subsection (a) of section 206 in accordance with subsection (b) of such section; or (2) the date that is 30 days after any date subsequent to January 1, 2020, on which the President submits to the appropriate congressional committees in writing a determination that the termination of this section and the sanctions imposed by this section is in the vital national security interests of the United States. 203. Report on certain foreign financial institutions (a) Findings Congress finds the following: (1) On February 26, 2014, the Department of the Treasury’s Financial Crimes Enforcement Network advised United States financial institutions of their responsibility to take reasonable, risk-based steps regarding the potential suspicious movement of assets related to Viktor Yanukovych departing Kyiv and abdicating his responsibilities and other senior officials resigning from their positions or departing Kyiv. (2) United States financial institutions are required to apply enhanced scrutiny to private banking accounts held by or on behalf of senior foreign political figures and to monitor transactions that could potentially represent misappropriated or diverted state assets, the proceeds of bribery or other illegal payments, or other public corruption proceeds. (3) On March 3, 2014, the Government of Ukraine announced that it had initiated criminal proceedings against a number of former Ukrainian officials or close associates of former Ukrainian officials. (4) On March 5, 2014, the European Union, based on information from Ukraine’s Prosecutor General, issued a Council Regulation requiring the European Union to freeze the funds and economic resources of various former Ukrainian officials and their close associates. (5) The Government of Canada has taken similar action against the same individuals. (6) The measures being taken against these former Ukrainian officials and their close associates increase the risk that they will seek to move their assets in a deceptive fashion. (7) Foreign financial institutions should apply similar, enhanced due-diligence and reporting requirements. (8) The United States has a strong interest in seeing the international financial system protected from illicit financial activity, including money laundering, terrorism and proliferation financing, transnational organized crime, and the misappropriation of state assets, and international sanctions evasion, among others. (9) The Department of the Treasury possesses a range of authorities to insulate the United States financial system from entities or jurisdictions that pose an illicit financing risk. (b) Statement of policy It shall be the policy of the United States to use all of its regulatory and statutory authorities to closely scrutinize all foreign financial institutions, including those in the Russian Federation, that may be complicit in enabling foreign persons and transnational criminal enterprises to evade or otherwise circumvent United States and international sanctions, launder the proceeds of criminal activity, finance acts of terrorism and the proliferation of weapons of mass destruction, or any other illicit activity that presents risks and vulnerabilities to the United States financial system. (c) Report (1) In general Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 2 years, the Secretary of State and the Secretary of the Treasury shall jointly submit to the appropriate congressional committees a report on— (A) foreign financial institutions that are in direct or indirect control of Government of Ukraine state-owned or controlled assets without the knowledge or approval of the Government of Ukraine; (B) foreign financial institutions that may be complicit in illicit financial activity, including money laundering, terrorism and proliferation financing, transnational organized crime, misappropriation of state assets, or otherwise engaged in any activity prohibited under United States law that are— (i) organized under the laws of the Russian Federation; or (ii) owned or controlled by a foreign person described in section 202(b); and (C) foreign financial institutions that are directly or indirectly assisting or otherwise aiding the violation of Ukrainian sovereignty, independence, and territorial integrity, including, the Crimea. (2) Form The report required to be submitted under this subsection shall be submitted in an unclassified form, to the extent appropriate, but may include a classified annex. 204. Amendment to the Iran, North Korea, and Syria Nonproliferation Act (a) Findings Congress finds the following: (1) Iran continues its longstanding effort to obtain banned components for its nuclear and missile programs in violation of its obligations under successive United Nations Security Council Resolutions. (2) Russian entities, including Rosoboronexport, have been sanctioned with respect to proliferation activities, particularly sanctions under the Iran, North Korea, and Syria Nonproliferation Act ( Public Law 106–178 ; 50 U.S.C. 1701 note). (3) The Department of State must expeditiously restore the deterrent effect of the Iran, North Korea, and Syria Nonproliferation Act by fully applying and enforcing such Act. (b) Amendment Section 2 of the Iran, North Korea, and Syria Nonproliferation Act ( Public Law 106–178 ; 50 U.S.C. 1701 note) is amended by adding at the end the following: (f) Plan To expedite reports and sanctions under this Act Not later than 30 days after the date of the enactment of the Ukraine Support Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate, a plan, to include specific timetables, to expedite the implementation of this Act with respect to submission of reports required under subsection (a) and the application of measures to certain foreign persons under section 3. . 205. Sense of Congress on human rights in the Russian Federation It is the sense of Congress that the President should greatly expand the list of 18 Russian officials and others published on April 12, 2013, who were engaged in actions described in section 404 of the Sergei Magnitsky Rule of Law Accountability Act of 2012 (title IV of Public Law 112–208 ; 22 U.S.C. 5811) regarding the death of Sergei Magnitsky, illegal activity by officials of the Government of the Russian Federation, or violations of human rights and other offenses in Russia. 206. Certification described and submission to Congress (a) In general A certification described in this section is a certification of the President to Congress that Ukrainian sovereignty, independence, and territorial integrity is not being violated by the Russian Federation or any other state actor. (b) Submission to congress (1) In general The President shall submit the certification described in subsection (a) to the appropriate congressional committees in writing and shall include a justification for the certification. (2) Form of certification The certification described in subsection (a) shall be submitted in unclassified form but may contain a classified annex. 207. Appropriate congressional committees defined Except as otherwise provided, in this title the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives; and (2) Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4278ih/xml/BILLS-113hr4278ih.xml
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113-hr-4279
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I 113th CONGRESS 2d Session H. R. 4279 IN THE HOUSE OF REPRESENTATIVES March 21, 2014 Mrs. Miller of Michigan (for herself, Mr. McCaul , Ms. Jackson Lee , and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on Ways and Means and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Homeland Security Act of 2002 to establish United States Immigration and Customs Enforcement, and for other purposes.
1. Short title This Act may be cited as the United States Immigration and Customs Enforcement Authorization Act . 2. Establishment of United States Immigration and Customs Enforcement (a) In general Section 442 of the Homeland Security Act of 2002 ( 6 U.S.C. 252 ) is amended to read as follows: 442. Establishment of United States Immigration and Customs Enforcement (a) Establishment There is established within the Department an agency to be known as United States Immigration and Customs Enforcement. (b) Director of United States Immigration and Customs Enforcement There shall be at the head of United States Immigration and Customs Enforcement a Director of United States Immigration and Customs Enforcement (in this section referred to as the Director ), who shall be appointed by the President, by and with the advice and consent of the Senate. (c) Duties and qualifications The Director shall— (1) have a minimum of five years professional experience in law enforcement, and a minimum of five years management experience; (2) have the power to investigate and, where appropriate, refer for prosecution, any criminal violation of Federal law relating to or involving— (A) border control and security, including the prevention of the entry or residence of terrorists, criminals, and human rights violators; (B) customs, trade, or import or export control, including the illicit possession, movement of, or trade in goods, services, property, contraband, arms, instruments of terrorism, items controlled or prohibited from export, pornography, intellectual property, or monetary instruments; (C) transnational money laundering or bulk cash smuggling; (D) immigration or naturalization; (E) gangs or criminal syndicates engaged in transnational criminal activity; (F) chapter 40 or 44 of title 18, United States Code, or other violation relating to firearms, explosives, or other destructive devices involving an alien; (G) the employment or abuse of an alien, including trafficking and peonage, labor violations, sexual exploitation, pornography, prostitution, or sex tourism; (H) identification, travel, or employment documents; (I) unlawful use of personal information, including immigration document fraud, when such use relates to or affects border security, terrorism, customs, immigration, naturalization, trade, travel, or transportation security; and (J) travel security; (3) coordinate with Federal, State, local, tribal, and foreign agencies to promote the efficient— (A) investigation of criminal violations of the border security, terrorism, customs, immigration, naturalization, trade, travel, and transportation laws of the United States; and (B) civil enforcement of immigration laws, as such term is defined in paragraph (17) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ); (4) in coordination with the Department of State and the Office of International Affairs of the Department, establish staff liaison offices and vetted units in appropriate foreign countries to support the counterterrorism efforts and other international activities and relationships of United States Immigration and Customs Enforcement; (5) establish, maintain, and administer appropriate interagency law enforcement centers in furtherance of the Director’s assigned duties, including the Centers specified in subparagraphs (B) and (C) of subsection (f)(3); and (6) carry out the duties and powers prescribed by law or delegated by the Secretary. (d) General enforcement powers The Director may authorize agents and officers of United States Immigration and Customs Enforcement to— (1) execute any warrants issued under the laws of the United States; (2) issue and serve administrative or judicial subpoenas and summonses; (3) carry firearms; (4) make arrests 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; (5) seize any property, whether real or personal, that is involved in any violation or attempted violation, or which constitutes proceeds traceable to a violation, of those provisions of law which United States Immigration and Customs Enforcement is authorized to enforce; (6) offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or attempted violation of those provisions of law which United States Immigration and Customs Enforcement is authorized to enforce; and (7) issue civil detainers for purposes of immigration enforcement. (e) Deputy director There shall be in United States Immigration and Customs Enforcement a Deputy Director who shall assist the Director in the management of United States Immigration and Customs Enforcement. (f) Office of Homeland Security Investigations (1) In general There is established in United States Immigration and Customs Enforcement the Office of Homeland Security Investigations. (2) Executive Associate Director There shall be at the head of the Office of Homeland Security Investigations an Executive Associate Director, who shall report to the Director. (3) Duties The Office of Homeland Security Investigations shall— (A) serve as the law enforcement office of United States Immigration and Customs Enforcement with primary responsibility to conduct investigations of terrorist organizations and other criminal organizations that threaten homeland or border security; (B) administer the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), including the Student and Exchange Visitor Information System established under such section, and use such information to carry out the enforcement functions of United States Immigration and Customs Enforcement; (C) administer a National Intellectual Property Rights Coordination Center, which shall serve as the primary information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations of intellectual property offenses; (D) administer a National Export Enforcement Coordination Center, which shall serve as the primary information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations of Export Control offenses; (E) enforce Federal law relating to— (i) the unlawful employment of aliens; and (ii) immigration document fraud; and (F) carry out other duties and powers prescribed by the Director. (g) Office of Enforcement and Removal Operations (1) In general There is established in United States Immigration and Customs Enforcement the Office of Enforcement and Removal Operations. (2) Executive Associate Director There shall be at the head of the Office of Enforcement and Removal Operations an Executive Associate Director, who shall report to the Director. (3) Duties The Office of Enforcement and Removal Operations shall— (A) identify, arrest, detain, and remove aliens who— (i) engage in terrorist activities, are affiliated with a terrorist organization, or otherwise present a national security or public safety risk to the United States; (ii) undermine the border security efforts and operations of the United States; (iii) enter the United States in violation of Federal law; or (iv) are otherwise subject to exclusion, deportation, or removal from the United States; and (B) carry out other duties and powers prescribed by the Director. (h) Office of the Principal Legal Advisor (1) In general There is established in United States Immigration and Customs Enforcement the Office of the Principal Legal Advisor. (2) Principal Legal Advisor There shall be at the head of the Office the Principal Legal Advisor a Principal Legal Advisor, who shall report to the General Counsel of the Department. (3) Duties The Office of the Principal Legal Advisor shall provide specialized legal advice and policy guidance to the Director and shall represent the Department in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review. (i) Office of Professional Responsibility (1) In general There is established in the United States Immigration and Customs Enforcement the Office of Professional Responsibility. (2) Assistant Director There shall be at the head of the Office of Professional Responsibility an Assistant Director, who shall report to the Director. (3) Duties The Office of Professional Responsibility shall— (A) investigate allegations of administrative, civil, and criminal misconduct involving any employee or contractor of United States Immigration and Customs Enforcement, or, as delegated by the Secretary, any employee or contractor of the Department that are not subject to investigation by the Inspector General of the Department; (B) inspect and review United States Immigration and Customs Enforcement’s offices, operations, and processes, including detention facilities operated or used by United States Immigration and Customs Enforcement, and provide an independent review of United States Immigration and Custom Enforcement’s organizational health, effectiveness, and efficiency of mission; and (C) provide and manage the security programs and operations for United States Immigration and Customs Enforcement. (j) Other authorities (1) In general The Secretary may establish such other Executive Associate Directors, Assistant Directors, agents, officers, or other offices as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of United States Immigration and Customs Enforcement. (2) Notification If the Secretary exercises the authority provided pursuant to paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days before exercising the authority described in paragraph (1). (k) Other Federal agencies Nothing in this section shall be construed to limit the existing authority of any other Federal agency. . (b) Special rules (1) Treatment Section 442 of the Homeland Security Act of 2002, as amended by subsection (a) of this section, shall be treated as if included in such Act as of the date of the enactment of such Act, and, in addition to the functions, missions, duties, and authorities specified in such amended section 442, United States Immigration and Customs Enforcement shall continue to perform and carry out the functions, missions, duties, and authorities under section 442 of such Act as in existence on the day before such date of enactment. (2) Rules of construction (A) Rules and regulations Notwithstanding paragraph (1), nothing in this Act may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 442 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such rule or regulation shall continue to have full force and effect on and after such date. (B) Other actions Notwithstanding paragraph (1), nothing in this Act may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 442 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date. (c) Continuation in office (1) Director The individual serving as Assistant Secretary for United States Immigration and Customs Enforcement on the day before the date of the enactment of this Act may continue to serve as the Director of United States Immigration and Customs Enforcement in accordance with section 442 of the Homeland Security Act of 2002, as amended by this Act until the earlier of— (A) the date on which such individual is no longer eligible to serve as Director; or (B) the date on which a person nominated by the President to be the Director is confirmed by the Senate in accordance with such amended section 442. (2) Other positions The individuals serving as the Deputy Director, Executive Associate Directors, Assistant Directors, and other officers and employees under section 442 of the Homeland Security Act of 2002 on the day before the date of the enactment of this Act may serve as the appropriate Assistant Directors and other officers and employees under such section 442 as amended by subsection (a) of this section unless the Director of United States Immigration and Customs Enforcement determines that another individual should hold such position. (d) Clerical amendment The table of contents in section 1(b) of such Act is amended by striking the item relating to section 442 and inserting the following: Sec. 442. Establishment of United States Immigration and Customs Enforcement. . (e) Transportation Section 1344(b)(6) of title 31, United States Code, is amended by inserting the Director of United States Immigration and Customs Enforcement, the Commissioner of Customs and Border Protection, after the Administrator of the Drug Enforcement Administration, . (f) Conforming amendments (1) Title 5 Section 5314 of title 5, United States Code, is amended by inserting after Director of the Bureau of Citizenship and Immigration Services. the following new item: Director of United States Immigration and Customs Enforcement. . (2) Homeland Security Act of 2002 The Homeland Security Ac of 2002 is amended— (A) in subsection (a)(2)(C) of section 451 ( 6 U.S.C. 271 ), by striking at the same level as the Assistant Secretary of the Bureau of Border Security and inserting in accordance with section 5314 of title 5, United States Code ; (B) in subsection (c) of section 459 ( 6 U.S.C. 276 ), by striking Assistant Secretary of the Bureau of Border Security and inserting Director of United States Immigration and Customs Enforcement ; (C) in subsection (b)(2)(A) of section 462 ( 6 U.S.C. 279 ), in the matter preceding clause (i), by striking Assistant Secretary of the Bureau of Border Security and inserting Director of United States Immigration and Customs Enforcement ; (D) by repealing sections 443, 445, and 446 ( 6 U.S.C. 253 , 255, and 256); and (E) in section 1(b), by striking the items relating to sections 445 and 446.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4279ih/xml/BILLS-113hr4279ih.xml
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113-hr-4280
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I 113th CONGRESS 2d Session H. R. 4280 IN THE HOUSE OF REPRESENTATIVES March 21, 2014 Mr. Conyers (for himself, Ms. Lee of California , Mr. Richmond , Mr. Rangel , Mr. Cohen , Mr. Hastings of Florida , Ms. Slaughter , and Ms. Chu ) introduced the following bill; which was referred to the Committee on House Administration , 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 preserve knowledge and promote education about jazz in the United States and abroad.
1. Short title This Act may be cited as the National Jazz Preservation, Education, and Promulgation Act of 2014 . 2. National Jazz Preservation Program (a) Establishment There is established a National Jazz Preservation Program, to be carried out by the Secretary of the Smithsonian Institution through the Director of the National Museum of American History and in collaboration with other Smithsonian museums, to preserve knowledge and promote education about jazz. (b) Program components Under the National Jazz Preservation Program, the Secretary of the Smithsonian Institution shall— (1) record audio and video interviews with leading jazz artists; (2) acquire and preserve jazz artifacts, and interpret the artifacts through activities such as exhibitions and performances by the Smithsonian Jazz Masterworks Orchestra; (3) continue to recognize Jazz Appreciation Month; (4) establish, with governmental agencies, universities, museums, and community-based organizations with jazz archival collections, collaborative agreements for the sharing of jazz artifacts; and (5) encourage, consult with, and engage in capacity building with community-based and regional organizations with the potential to establish jazz archival collections. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2015 through 2017, to remain available until expended. 3. Jazz education in elementary and secondary schools Section 5411(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7243(b) ) is amended— (1) by redesignating paragraph (9) as paragraph (10); and (2) by inserting after paragraph (8) the following new paragraph: (9) Programs to promote jazz education, which may include— (A) a Jazz Artists in the Schools program to provide support for State arts agencies to bring jazz artists to elementary and secondary schools in collaboration with local educational agencies; (B) a program for— (i) the development by jazz artists and educators of lesson plans and other educational materials about jazz; (ii) the distribution of such educational materials by organizations that may include the National Endowment for the Arts, educational institutions, State and local arts and cultural organizations, or non-profit organizations; and (iii) teacher training on jazz education by jazz artists and educators; and (C) an Ambassadors of Jazz program to send jazz musicians, and jazz orchestras from secondary schools, abroad to perform for diverse audiences on missions of goodwill, education, and cultural exchange, in collaboration with the Secretary of State. . 4. National Jazz Appreciation Program (a) Establishment There is established a National Jazz Appreciation Program, to be carried out by the Secretary of the Smithsonian Institution through the Director of the National Museum of American History and in collaboration with other Smithsonian museums and affiliates, the National Endowment for the Arts, and the National Endowment for the Humanities, to further the appreciation of jazz music throughout the Nation. (b) Program components Under the National Jazz Appreciation Program, the Secretary of the Smithsonian Institution shall establish a series of jazz performances at Smithsonian affiliates throughout the Nation that provides broad geographic access to jazz and supports public appreciation for the diversity of jazz music. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2015 through 2017, to remain available until expended.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4280ih/xml/BILLS-113hr4280ih.xml
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113-hr-4281
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I 113th CONGRESS 2d Session H. R. 4281 IN THE HOUSE OF REPRESENTATIVES March 21, 2014 Mr. Huelskamp 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 oversight of contracts awarded by the Secretary of Veterans Affairs to small business concerns owned and controlled by veterans.
1. Short title This Act may be cited as the Protecting Business Opportunities for Veterans Act of 2014 . 2. Contracts with small business concerns owned and controlled by veterans Section 8127 of title 38, United States Code, is amended— (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following new subsection (l): (l) Limitations on subcontracting (1) (A) The requirements applicable to a small business concern under section 46 of the Small Business Act ( 15 U.S.C. 657s ) shall apply with respect to a small business concern owned and controlled by a veteran with a service-connected disability or a small business concern owned and controlled by a veteran that is awarded a contract under this section. (B) For purposes of applying the requirements of section 46 of the Small Business Act ( 15 U.S.C. 657s ) pursuant to subparagraph (A)— (i) a small business concern owned and controlled by a veteran shall be treated as a small business concern owned and controlled by a veteran with a service-connected disability; and (ii) the term similarly situated entity used in such section 46 means a subcontractor for a small business concern owned and controlled by a veteran with a service-connected disability or a small business concern owned and controlled by a veteran described in such subparagraph (A). (2) Upon awarding a contract to a small business concern under this section, the Secretary shall obtain from an offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. Such certification shall— (A) specify the exact performance requirements applicable under such paragraph; and (B) explicitly acknowledge that the certification is subject to section 1001 of title 18. (3) If the Secretary determines that a small business concern that is awarded a contract under this section did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to the penalties specified in— (A) section 16(g)(1) of the Small Business Act ( 15 U.S.C. 645(g)(1) ); and (B) section 1001 of title 18. (4) (A) The Director of the Office of Small and Disadvantaged Business Utilization established by section 15(k) of the Small Business Act ( 15 U.S.C. 644(k) ) and the Chief Acquisition Officer established under section 1702 of title 41 shall jointly implement a process using the systems described in section 16(g)(2) of the Small Business Act ( 15 U.S.C. 645(g)(2) ), or any other systems available, to monitor compliance with this subsection. The Director and the Chief Acquisition Officer shall jointly refer any violations of this subsection to the Inspector General of the Department of Veterans Affairs. (B) The Inspector General shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes— (i) the number of referred violations received under subparagraph (A); and (ii) the disposition of such referred violations, including the number of small business concerns suspended or debarred from Federal contracting or referred to the Attorney General for prosecution. .
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113-hr-4282
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I 113th CONGRESS 2d Session H. R. 4282 IN THE HOUSE OF REPRESENTATIVES March 21, 2014 Ms. Castor of Florida (for herself and Mr. Heck of Nevada ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population.
1. Short title This Act may be cited as the Creating Access to Residency Education Act of 2014 . 2. Graduate medical education partnerships in States with a low ratio of medical residents relative to general population Part B of title III of the Public Health Service Act is amended by inserting after section 317T (42 U.S.C. 247b–22) the following: 317U. Graduate medical education partnerships in States with a low ratio of medical residents relative to general population (a) In general The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the Administrator ) shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. (b) Eligibility To be eligible to receive Federal funding under this section, an entity must— (1) be located in a State in which there are fewer than 25 medical residents per population of 100,000; and (2) be a public or nonprofit teaching hospital or an accredited graduate medical education training program. (c) Partnerships In supporting the creation of new medical residency training programs or slots through a grant or contract under this section, an eligible entity may enter into a partnership with a State, local government, community health center, local health department, hospital, or other organization deemed by the entity to be appropriate. (d) Matching funds An agreement awarding a grant or contract under this section shall— (1) in the case of a new or existing medical residency training program in the field of primary care— (A) require the entity awarded such grant or contract to provide one-third of the cost of the slots to be funded through the agreement; and (B) to the extent and in the amounts made available in advance in appropriations Acts, require the Administrator to provide the remaining two-thirds of the cost of such slots; and (2) in the case of a new or existing medical residency training program in any other field— (A) require the award recipient to provide one-half of the cost of the slots to be funded through the agreement; and (B) to the extent and in the amounts made available in advance in appropriations Acts, require the Administrator to provide the remaining one-half of the cost of such slots. (e) Requirements The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. (f) Definition For purposes of this section, the Administrator shall define the term primary care . (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated $25,000,000 for fiscal year 2015, and such sums as may be necessary for fiscal years 2016 through 2020. .
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113-hr-4283
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I 113th CONGRESS 2d Session H. R. 4283 IN THE HOUSE OF REPRESENTATIVES March 21, 2014 Mr. Simpson introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to authorize the Secretary of the Interior to maintain or replace certain facilities and structures for commercial recreation services at Smith Gulch in Idaho, and for other purposes.
1. Maintenance or replacement of facilities and structures at Smith Gulch Section 3(a)(24)(D) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(24)(D) ) is amended by adding at the end the following: Notwithstanding any provision of the Central Idaho Wilderness Act of 1980 ( 16 U.S.C. 1132 note), the Secretary shall also authorize or continue to authorize maintenance or replacement of facilities and structures listed in this subparagraph for commercial recreation services at Smith Gulch. The Secretary shall bear the cost of any environmental, archaeological, or cultural analysis required by Federal law or regulation that must be completed prior to the Secretary’s issuance of new or continued authorization of these facilities or structures. Regulation by the Secretary of these maintenance activities or replaced facilities and structures shall not inhibit or otherwise interfere with the commercial services offered at Smith Gulch. The facilities and structures referred to in this subparagraph are— (i) motorized landscaping equipment, such as lawnmowers and weed trimmers; (ii) chainsaws; (iii) gasoline-powered electrical generators and associated electrical transmission facilities; (iv) hydroelectric generators and associated electrical transmission facilities; (v) gasoline-powered water pumps for fire suppression; (vi) transition from propane to electrical lighting; (vii) solar energy systems; and (viii) 6-volt or 12-volt battery banks for power storage. .
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113-hr-4284
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I 113th CONGRESS 2d Session H. R. 4284 IN THE HOUSE OF REPRESENTATIVES March 24, 2014 Mr. Neugebauer introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to encourage greater State input and authority over species and habitat management by allowing States to propose and implement State Protective Action before species are listed under that Act, and for other purposes.
1. Short title This Act may be cited as the ESA Improvement Act of 2014 . 2. Endangered and threatened species State Protective Actions Section 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c) ) is amended— (1) in paragraph (1), in the first sentence, by striking The Secretary shall and inserting Except as provided in paragraph (3), the Secretary shall ; and (2) by adding at the end the following: (3) State Protective Action (A) Exclusion from lists The Secretary shall not include in a list under this subsection any population of a species in a State if the Secretary has approved a State Protective Action for such population in accordance with this paragraph. (B) Publication of notice Not later than 90 days before proposing to add a species to a list under this subsection, the Secretary shall notify each State in which a population of the species occurs of the opportunity to submit to the Secretary a proposed State Protective Action for the species in that State, including specification of the criteria for approval of such an action under this paragraph. (C) Submission by state Each State notified under subparagraph (B), or group of such States, may submit to the Secretary a proposed State Protective Action for the species in such State or States within the period specified by the Secretary for the submission of public comment regarding the inclusion of the species in the list. (D) Guidance to states During preparation of a proposed State Protective Action under subparagraph (A), the Secretary shall provide guidance to the State regarding such preparation. (E) Approval or disapproval; resubmission The Secretary shall— (i) approve or disapprove a proposed State Protective Action by not later than 45 days after the date it is submitted; (ii) approve such an action if the Secretary determines that it meets the criteria specified for approval in the notification under subparagraph (B); (iii) upon disapproving such an action— (I) provide the written comments explaining specifically why the action was not approved; (II) allow the proposed action to be resubmitted at any time before the end of the 45-day period beginning on the date the Secretary provides such comments; and (III) by not later than 30 days after the end of such period, issue a final decision regarding the proposed action. (F) Limitation on final listing The Secretary may not add a population of a species to a list before the date the Secretary has made a final determination regarding approval of each State Protective Action for such population that has been submitted in accordance with this paragraph. (G) Qualification for grants For purposes of subsection (d), a State Protective Action approved by the Secretary under this paragraph shall be treated as a cooperative agreement entered into pursuant to this subsection. (H) Review of plans Every 5 years after approving a State Protective Action, the Secretary shall review the implementation and effectiveness of the action, and if necessary provide guidance on improvements or revisions that are required to maintain the Secretary’s approval of the action. (I) Revocation of Approval The Secretary may revoke approval of a State Protective Action for a population and propose adding such species to a list under this subsection if at any time after completion of the first review under subparagraph (H) the Secretary determines that— (i) the State has failed to implement the action; or (ii) the action has failed to make measurable progress toward achieving the recovery criteria for the population. (J) Termination The Secretary may terminate the effectiveness of a State Protective Action approved under this paragraph, including review regarding the action under subparagraph (H), if the Secretary determines that recovery criteria for the population have been achieved. .
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113-hr-4285
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I 113th CONGRESS 2d Session H. R. 4285 IN THE HOUSE OF REPRESENTATIVES March 24, 2014 Mr. Thompson of California (for himself, Mr. King of New York , Mr. Sean Patrick Maloney of New York , Mr. Calvert , Ms. Matsui , Ms. Eshoo , Mr. George Miller of California , Mr. Schiff , Mr. McNerney , Mr. Fitzpatrick , and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To facilitate State and local governmental entities in developing and implementing private sector job creating programs through local government financing of the installation of energy efficiency, water conservation, and renewable energy generation improvements on privately owned property with the financing to be repaid from assessments that may be levied on the local property tax bill, and for other purposes.
1. Short title This Act may be cited as the PACE Assessment Protection Act of 2014 . 2. Findings and purpose (a) Congressional findings The Congress finds that the legislatures of 31 States and the District of Columbia have determined that there exist job creation benefits, other economic benefits, and significant other public benefits from the installation of improvements encouraged by local government finance programs, and have therefore enacted legislation authorizing their State and local governments to develop and implement programs under which such State and local governments finance the installation of the improvements on private property and the property owners may pay the financing costs on the property tax bill. Such legislatures include Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Vermont, Virginia, Washington, DC, Wisconsin, and Wyoming. (b) Purpose It is the purpose of this Act to ensure that PACE programs which incorporate prudent programmatic safeguards to protect the interest of mortgage holders and property owners remain viable as a potential avenue for States and local governments to achieve the many public benefits associated with energy efficiency, water efficiency, and renewable energy retrofits. In addition, it is essential that the power and authority of State and local governments to exercise their longstanding and traditional powers to levy taxes for public purposes not be impeded. 3. Definitions For purposes of this Act the following definitions apply: (1) The term local government includes counties, cities, boroughs, towns, parishes, villages, districts, and other political subdivisions authorized under State laws to establish PACE programs. (2) The term PACE agreement means an agreement between a local government and a property owner detailing the terms of financing for a PACE improvement. (3) The term PACE assessment means a tax or assessment levied by a local government to provide financing for PACE improvements. (4) The term PACE improvements means qualified clean energy improvements, qualified energy conservation and efficiency improvements, and qualified water conservation and efficiency improvements. (5) The term PACE lien means a lien, held by a local government, that secures a PACE assessment, which may be senior to the lien of pre-existing purchase money mortgages on the same property subject to the PACE lien. (6) The term PACE program means a program implemented by a local government under State law to provide financing for PACE improvements by levying PACE assessments. (7) The term residential property means a property with up to 4 private residences. (8) The term non-residential property means private property that is— (A) not used for residential purposes; or (B) residential property with 5 or more residences. (9) The term clean energy improvements means any system on privately owned property for producing electricity for, or meeting heating, cooling, or water heating needs of the property, using renewable energy sources, combined heat and power systems, or energy systems using wood biomass (but not construction and demolition waste) or natural gas. Such improvements include solar photovoltaic, solar thermal, wood biomass, wind, and geothermal systems. Such term includes the reasonable costs of a study undertaken by a property owner to analyze the feasibility of installing any of the improvements described in this paragraph and the cost of a warranty or insurance policy for such improvements. (10) The term energy conservation and efficiency improvements means measures to reduce consumption, through conservation or more efficient use, of electricity, fuel oil, natural gas, propane, or other forms of energy by the property, including air sealing, installation of insulation, installation of heating, cooling, or ventilation systems, building modification to increase the use of daylighting, replacement of windows, installation of energy controls or energy recovery systems, installation of building management systems, and installation of efficient lighting equipment, provided that such improvements are permanently affixed to the property. Such term includes the reasonable costs of an audit undertaken by a property owner to identify potential energy savings that could be achieved through installation of any of the improvements described in this paragraph. (11) The term water conservation and efficiency improvements means measures to reduce consumption, through conservation or more efficient use of water by the property, including installation of low-flow toilets and showerheads, installation of timer or timing system for hot water heaters, and installation of rain catchment systems. (12) The term property owner means the owner of record of real property that is subject to a PACE assessment, whether such property is zoned or used for residential, commercial, industrial, or other uses. (13) The term qualified means, with respect to PACE improvements, that the improvements meet the criteria specified in section 5. 4. Treatment of pace programs by FNMA and FHLMC (a) Lender guidance The Director of the Federal Housing Finance Agency, acting in the Director’s general supervisory capacity, shall direct the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation to— (1) issue guidance, within 30 days after the date of enactment of this Act, providing that the levy of a PACE assessment and the creation of a PACE lien do not constitute a default on any loan secured by a uniform instrument of Federal National Mortgage Association or Federal Home Loan Mortgage Corporation and do not trigger the exercise of remedies with respect to any provision of such uniform security instrument if the PACE assessment and the PACE lien meet the requirements of section 5; (2) rescind any prior issued guidance or Selling and Servicing Guides that are inconsistent with the provisions of paragraph (1); and (3) take all such other actions necessary to effect the purposes of this Act. (b) Prohibition of discrimination The Director of the Federal Housing Finance Agency, the Comptroller of the Currency, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Board of Governors of the Federal Reserve System, and all Federal agencies and entities chartered or otherwise established under Federal law shall not discriminate in any manner against States or local governments implementing or participating in a PACE program, or against any property that is obligated to pay a PACE assessment or is subject to a PACE lien, including, without limitation, by— (1) prohibiting the origination, lending, purchasing, or guaranteeing of loans on residential property within such jurisdiction or requiring more restrictive underwriting criteria for properties within such jurisdiction; (2) except for the escrowing of funds as permitted by section 5(g)(2), requiring payment of PACE assessment amounts that are not due or that are not delinquent; or (3) applying more restrictive underwriting criteria to any property that is obligated to pay a PACE assessment and is subject to a PACE lien than any such entity would apply to such property in the event that such property were subject to a State or municipal tax or assessment that was not a PACE assessment. 5. PACE programs eligible for protection (a) In general A PACE program, and any PACE assessment and PACE lien related to such program, are entitled to the protections of this Act only if the Program meets all of the requirements under this section at the time of its establishment, or, in the case of any PACE program in effect upon the date of the enactment of this Act, not later than 60 days after such date of enactment. (b) Consumer protections applicable to residential property A PACE program shall provide, with respect to residential property, for the following: (1) Property owner agreements (A) PACE assessment The property owner shall agree in writing to a PACE assessment, either pursuant to a PACE agreement or by voting in the manner specified by State law. In the case of any property with multiple owners, each owner or the owner’s authorized representative shall execute a PACE agreement or vote in the manner specified by State law, as applicable. (B) Payment schedule The property owner shall agree to a payment schedule that identifies the term over which PACE assessment installments will be due, the frequency with which PACE assessment installments will be billed and amount of each installment, and the annual amount due on the PACE assessment. Upon full payment of the amount of the PACE assessment, including all outstanding interest and charges and any penalties that may become due, the local government shall provide the participating property owner with a written statement certifying that the PACE assessment has been paid in full and the local government shall also satisfy all requirements of State law to extinguish the PACE lien. (2) Disclosures by local government The local government shall disclose to the participating property owner the costs and risks associated with participating in the PACE program, including risks related to their failure to pay PACE assessments and the risk of enforcement of PACE liens. The local government shall disclose to the property owner the effective interest rate of the PACE assessment, including all program fees. The local government shall clearly and conspicuously provide the property owner the right to rescind his or her decision to enter into a PACE assessment, within 3 days of the original transaction. (3) Confidentiality Any personal financial information provided by a property owner to a local government or an entity administering a PACE program on behalf of a local government shall comply with applicable local, State, and Federal laws governing the privacy of the information. (c) Requirements applicable only to non-Residential property A PACE program shall provide, with respect to non-residential property, for the following: (1) Authorization by lienholders Before entering into a PACE agreement with a local government or voting in favor of PACE assessments in the manner specified by State law, the property owner shall obtain written authorization from the holders of the first mortgage on the property. (2) PACE Agreement (A) Terms The local government and the owner of the property to which the PACE assessment applies at the time of commencement of assessment shall enter into a written PACE agreement addressing the terms of the PACE improvement. In the case of any property with multiple owners, the PACE agreement shall be signed by all owners or their legally authorized representative or representatives. (B) PACE improvements The property owner shall contract for PACE improvements, purchase materials to be used in making such improvements, or both, and upon submission of documentation required by the local government, the local government shall disburse funds to the property owner in payment for the PACE improvements or materials used in making such improvements. (C) Payment schedule The PACE agreement shall include a payment schedule showing the term over which payments will be due on the assessment, the frequency with which payments will be billed and amount of each payment, and the annual amount due on the assessment. Upon full payment of the amount of the assessment, including all outstanding interest and charges and any penalties that may become due, the local government shall provide the participating property owner with a written statement certifying that the assessment has been paid in full and the local government shall also satisfy all requirements of State law to extinguish the PACE lien. (3) Disclosures by local government The local government shall disclose to the participating property owners the costs and risks associated with participating in the program, including risks related to their failure to make payments and the risk of enforcement of PACE liens. (4) Confidentiality Any personal financial information provided by a property owner to a local government or an entity administering a PACE program on behalf of a local government shall comply with applicable local, State, and Federal laws governing the privacy of the information. (d) Public notice of PACE assessment The local government shall file a public notice of the PACE assessment in a manner sufficient to provide notice of the PACE assessment to potential lenders and potential purchasers of the property. The notice shall consist of the following statement or its substantial equivalent: This property is subject to a tax or assessment that is levied to finance the installation of qualifying energy and water conservation and efficiency improvements or clean energy improvements. The tax or assessment may be secured by a lien that is senior to all private liens. . (e) Eligibility of residential property owners Before levying a PACE assessment on a property, the local government shall ensure that at least all of the following are true with respect to the property: (1) All property taxes and any other public assessments are current. (2) There are no involuntary liens, such as mechanics liens, on the property in excess of $1,000. (3) No notices of default, including property taxes and other public assessments, have been recorded during the past three years or the property owner’s period of ownership, whichever is shorter. (4) The property owner has not filed for or declared bankruptcy in the previous 3 years. (5) The property owner is current on all mortgage debt on the property and has not had more than one instance of property-based debt delinquency during the past 6 months or the property owner’s period of ownership, whichever is shorter. (6) The property owner or owners are the holders of record of the property. (7) The property title is not subject to power of attorney, easements, or subordination agreements restricting the authority of the property owner to subject the property to a PACE lien. (8) The property meets any geographic eligibility requirements established by the PACE program. The local government may adopt additional criteria, appropriate to PACE programs, for determining whether to provide PACE financing to a property. (f) Qualifying improvements and qualifying contractors for residential properties PACE improvements for residential properties shall be qualified if they meet the following criteria: (1) U.S. Department of Energy energy star qualified products or other State governmental agencies qualified products For clean energy improvements and energy conservation and efficiency improvements, products shall meet Energy Star guidelines or other similar guidelines provided by State governmental agencies of the applicable State. (2) Affixed for useful life The local government shall have determined the improvements are intended to be affixed to the property for the entire useful life of the improvements based on the expected useful lives of energy conservation, efficiency, and clean energy measures approved by the Department of Energy. (3) Owner improvements A local government may elect to provide financing for improvements made by the owner of the property, but shall not permit the value of the owner’s labor to be included in the amount financed. (4) Disbursement of payments A local government must require, prior to disbursement of final payments for the financed improvements, submission by the property owner in a form acceptable to the local government of— (A) a document signed by the property-owner requesting disbursement of funds; (B) a certificate of completion, certifying that improvements have been installed satisfactorily; and (C) documentation of all costs to be financed and copies of any required permits. (g) Financing terms applicable only to residential property A PACE program shall provide, with respect to residential property, for the following: (1) Amount financed In determining the amount that may be financed by a PACE assessment, the total amount of all rebates, grants, and other direct financial assistance received by the owner on account of the PACE improvements shall be deducted from the cost of the PACE improvements. (2) PACE assessments The total amount of PACE assessments for a property shall not exceed 15 percent of the estimated value of the property. A property owner who escrows property taxes with the holder of a mortgage on a property subject to PACE assessment may be required by the holder to escrow amounts due on the PACE assessment, and the mortgage holder shall remit such amounts to the local government in the manner that property taxes are escrowed and remitted. (3) Owner equity As of the effective date of the PACE agreement or the vote required by State law, the property owner shall have equity in the property of not less than 10 percent of the estimated value of the property calculated without consideration of the amount of the PACE assessment or the value of the PACE improvements. (4) Term of financing The maximum term of financing provided for a PACE improvement may be 25 years. The term shall in no case exceed the weighted average expected useful life of the PACE improvement or improvements. Expected useful lives used for all calculations under this paragraph shall be consistent with the expected useful lives of energy conservation and efficiency and clean energy measures approved by the Department of Energy or the Internal Revenue Service. (h) Collection and enforcement A PACE program shall provide that— (1) PACE assessments shall be collected in the manner specified by State law; (2) PACE assessment installments that are not due may not be accelerated by foreclosure; and (3) payment of a PACE assessment installment from any loss reserve that may be established for a PACE program shall not relieve a participating property owner from the obligation to pay that amount.
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113-hr-4286
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I 113th CONGRESS 2d Session H. R. 4286 IN THE HOUSE OF REPRESENTATIVES March 24, 2014 Mr. Bridenstine (for himself, Mr. Cook , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Transportation and Infrastructure , Energy and Commerce , Agriculture , the Judiciary , and Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To free the private sector to harness domestic energy resources to create jobs and generate economic growth by removing statutory and administrative barriers.
1. Short title; table of contents (a) Short title This Act may be cited as the American Energy Renaissance 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—Expanding American energy exports Sec. 1001. Finding. Sec. 1002. Natural gas exports. Sec. 1003. Crude oil exports. Sec. 1004. Coal exports. TITLE II—Improving North American energy infrastructure Subtitle A—North American energy infrastructure Sec. 2001. Finding. Sec. 2002. Definitions. Sec. 2003. Authorization of certain energy infrastructure projects at the national boundary of the United States. Sec. 2004. Transmission of electric energy to Canada and Mexico. Sec. 2005. Effective date; rulemaking deadlines. Subtitle B—Keystone XL permit approval Sec. 2011. Findings. Sec. 2012. Keystone XL permit approval. TITLE III—Outer Continental Shelf leasing Sec. 3001. Finding. Sec. 3002. Extension of leasing program. Sec. 3003. Lease sales. Sec. 3004. Applications for permits to drill. Sec. 3005. Lease sales for certain areas. TITLE IV—Utilizing America's onshore resources Sec. 4001. Findings. Sec. 4002. State option for energy development. Subtitle A—Energy development by States Sec. 4011. Definitions. Sec. 4012. State programs. Sec. 4013. Leasing, permitting, and regulatory programs. Sec. 4014. Judicial review. Sec. 4015. Administrative Procedure Act. Subtitle B—Onshore oil and gas permit streamlining Part I—Oil and gas leasing certainty Sec. 4021. Minimum acreage requirement for onshore lease sales. Sec. 4022. Leasing certainty. Sec. 4023. Leasing consistency. Sec. 4024. Reduce redundant policies. Sec. 4025. Streamlined congressional notification. Part II—Application for permits To drill process reform Sec. 4031. Permit to drill application timeline. Sec. 4032. Administrative protest documentation reform. Sec. 4033. Improved Federal energy permit coordination. Sec. 4034. Administration. Part III—Oil shale Sec. 4041. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision. Sec. 4042. Oil shale leasing. Part IV—National Petroleum Reserve in Alaska Access Sec. 4051. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska. Sec. 4052. National Petroleum Reserve in Alaska: lease sales. Sec. 4053. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction. Sec. 4054. Issuance of a new integrated activity plan and environmental impact statement. Sec. 4055. Departmental accountability for development. Sec. 4056. Deadlines under new proposed integrated activity plan. Sec. 4057. Updated resource assessment. Part V—Miscellaneous provisions Sec. 4061. Sanctions. Sec. 4062. Internet-based onshore oil and gas lease sales. Part VI—Judicial review Sec. 4071. Definitions. Sec. 4072. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 4073. Timely filing. Sec. 4074. Expedition in hearing and determining the action. Sec. 4075. Limitation on injunction and prospective relief. Sec. 4076. Limitation on attorneys’ fees and court costs. Sec. 4077. Legal standing. TITLE V—Additional onshore resources Subtitle A—Leasing program for land within Coastal Plain Sec. 5001. Finding. Sec. 5002. Definitions. Sec. 5003. Leasing program for land on the Coastal Plain. Sec. 5004. Lease sales. Sec. 5005. Grant of leases by the Secretary. Sec. 5006. Lease terms and conditions. Sec. 5007. Coastal Plain environmental protection. Sec. 5008. Expedited judicial review. Sec. 5009. Treatment of revenues. Sec. 5010. Rights-of-way across the Coastal Plain. Sec. 5011. Conveyance. Subtitle B—Native American Energy Sec. 5021. Findings. Sec. 5022. Appraisals. Sec. 5023. Standardization. Sec. 5024. Environmental reviews of major Federal actions on Indian land. Sec. 5025. Judicial review. Sec. 5026. Tribal resource management plans. Sec. 5027. Leases of restricted lands for the Navajo Nation. Sec. 5028. Nonapplicability of certain rules. Subtitle C—Additional regulatory provisions Part I—State authority over hydraulic fracturing Sec. 5031. Finding. Sec. 5032. State authority. Part II—Miscellaneous provisions Sec. 5041. Environmental legal fees. Sec. 5042. Master leasing plans. TITLE VI—Improving America's domestic refining capacity Subtitle A—Refinery permitting reform Sec. 6001. Finding. Sec. 6002. Definitions. Sec. 6003. Streamlining of refinery permitting process. Subtitle B—Repeal of renewable fuel standard Sec. 6011. Findings. Sec. 6012. Phase out of renewable fuel standard. TITLE VII—Stopping EPA overreach Sec. 7001. Findings. Sec. 7002. Clarification of Federal regulatory authority to exclude greenhouse gases from regulation under the Clean Air Act. Sec. 7003. Jobs analysis for all EPA regulations. TITLE VIII—Debt freedom fund Sec. 8001. Findings. Sec. 8002. Debt freedom fund. I Expanding American energy exports 1001. Finding Congress finds that opening up energy exports will contribute to economic development, private sector job growth, and continued growth in American energy production. 1002. Natural gas exports (a) Finding Congress finds that expanding natural gas exports will lead to increased investment and development of domestic supplies of natural gas that will contribute to job growth and economic development. (b) Natural gas exports Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended— (1) by inserting or any other nation not excluded by this section after trade in natural gas ; (2) by striking (c) For purposes and inserting the following: (c) Expedited application and approval process (1) In general For purposes ; and (3) by adding at the end the following: (2) Exclusions (A) In general Any nation subject to sanctions or trade restrictions imposed by the United States is excluded from expedited approval under paragraph (1). (B) Designation by President or Congress The President or Congress may designate nations that may be excluded from expedited approval under paragraph (1) for reasons of national security. (3) Order not required No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico. . 1003. Crude oil exports (a) Findings Congress finds that— (1) the restrictions on crude oil exports from the 1970s are no longer necessary due to the technological advances that have increased the domestic supply of crude oil; and (2) repealing restrictions on crude oil exports will contribute to job growth and economic development. (b) Repeal of Presidential authority To restrict oil exports (1) In general Section 103 of the Energy Policy and Conservation Act ( 42 U.S.C. 6212 ) is repealed. (2) Conforming amendments (A) Section 12 of the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719j ) is amended— (i) by striking and section 103 of the Energy Policy and Conservation Act ; and (ii) by striking such Acts and inserting that Act . (B) The Energy Policy and Conservation Act is amended— (i) in section 251 ( 42 U.S.C. 6271 )— (I) by striking subsection (d); and (II) by redesignating subsection (e) as subsection (d); and (ii) in section 523(a)(1) ( 42 U.S.C. 6393(a)(1) ), by striking (other than section 103 thereof) . (c) Repeal of limitations on exports of oil (1) In general Section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) is amended— (A) by striking subsection (u); and (B) by redesignating subsections (v) through (y) as subsections (u) through (x), respectively. (2) Conforming amendments (A) Section 1107(c) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3167(c) ) is amended by striking (u) through (y) and inserting (u) through (x) . (B) Section 23 of the Deep Water Port Act of 1974 ( 33 U.S.C. 1522 ) is repealed. (C) Section 203(c) of the Trans-Alaska Pipeline Authorization Act ( 43 U.S.C. 1652(c) ) is amended in the first sentence by striking (w)(2), and (x)) and inserting (v)(2), and (w)) . (D) Section 509(c) of the Public Utility Regulatory Policies Act of 1978 ( 43 U.S.C. 2009(c) ) is amended by striking subsection (w)(2) and inserting subsection (v)(2) . (d) Repeal of limitations on export of OCS oil or gas Section 28 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1354 ) is repealed. (e) Termination of limitation on exportation of crude oil Section 7(d) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2406(d) ) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) shall have no force or effect. (f) Clarification of crude oil regulation (1) In general Section 754.2 of title 15, Code of Federal Regulations (relating to crude oil) shall have no force or effect. (2) Crude oil license requirements The Bureau of Industry and Security of the Department of Commerce shall grant licenses to export to a country crude oil (as the term is defined in subsection (a) of the regulation referred to in paragraph (1)) (as in effect on the date that is 1 day before the date of enactment of this Act) unless— (A) the country is subject to sanctions or trade restrictions imposed by the United States; or (B) the President or Congress has designated the country as subject to exclusion for reasons of national security. 1004. Coal exports (a) Findings Congress finds that— (1) increased international demand for coal is an opportunity to support jobs and promote economic growth in the United States; and (2) exports of coal should not be unreasonably restricted or delayed. (b) NEPA review for coal exports In completing an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for an approval or permit for coal export terminals, or transportation of coal to coal export terminals, the Secretary of the Army, acting through the Chief of Engineers— (1) may only take into account domestic environmental impacts; and (2) may not take into account any impacts resulting from the final use overseas of the exported coal. II Improving North American energy infrastructure A North American energy infrastructure 2001. Finding Congress finds that the United States should establish a more efficient, transparent, and modern process for the construction, connection, operation, and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil, natural gas, and electricity to and from Canada and Mexico, in pursuit of a more secure and efficient North American energy market. 2002. Definitions In this title: (1) Electric Reliability Organization The term Electric Reliability Organization has the meaning given the term in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (2) Independent System Operator The term Independent System Operator has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (3) Natural gas The term natural gas has the meaning given the term in section 2 of the Natural Gas Act ( 15 U.S.C. 717a ). (4) Oil The term oil means petroleum or a petroleum product. (5) Regional entity The term regional entity has the meaning given the term in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (6) Regional Transmission Organization The term Regional Transmission Organization has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). 2003. Authorization of certain energy infrastructure projects at the national boundary of the United States (a) Authorization Except as provided in subsections (d) and (e), no person may construct, connect, operate, or maintain an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining approval of the construction, connection, operation, or maintenance under this section. (b) Approval (1) Requirement Not later than 120 days after receiving a request for approval of construction, connection, operation, or maintenance under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall approve the request unless the relevant official finds that the construction, connection, operation, or maintenance harms the national security interests of the United States. (2) Relevant official The relevant official referred to in paragraph (1) is— (A) the Secretary of Commerce with respect to oil pipelines; (B) the Federal Energy Regulatory Commission with respect to natural gas pipelines; and (C) the Secretary of Energy with respect to electric transmission facilities. (3) Approval not major Federal action An approval of construction, connection, operation, or maintenance under paragraph (1) shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Additional requirement for electric transmission facilities In the case of a request for approval of the construction, connection, operation, or maintenance of an electric transmission facility, the Secretary of Energy shall require, as a condition of approval of the request under paragraph (1), that the electric transmission facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (A) the Electric Reliability Organization and the applicable regional entity; and (B) any Regional Transmission Organization or Independent System Operator with operational or functional control over the electric transmission facility. (c) No other approval required No Presidential permit (or similar permit) required under Executive Order 13337 ( 3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United States Code, Executive Order 12038 (43 Fed. Reg. 3674 (January 26, 1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 9, 1953)), or any other Executive order shall be necessary for construction, connection, operation, or maintenance to which this section applies. (d) Exclusions This section shall not apply to— (1) any construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico if— (A) the pipeline or facility is operating at the national boundary for that import or export as of the date of enactment of this Act; (B) a permit described in subsection (c) for the construction, connection, operation, or maintenance has been issued; (C) approval of the construction, connection, operation, or maintenance has previously been obtained under this section; or (D) an application for a permit described in subsection (c) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of— (i) the date on which the application is denied; and (ii) July 1, 2015; or (2) the construction, connection, operation, or maintenance of the Keystone XL pipeline. (e) Modifications to existing projects No approval under this section, or permit described in subsection (c), shall be required for modifications to construction, connection, operation, or maintenance described in subparagraph (A), (B), or (C) of subsection (d)(1), including reversal of flow direction, change in ownership, volume expansion, downstream or upstream interconnection, or adjustments to maintain flow (such as a reduction or increase in the number of pump or compressor stations). (f) Effect of other laws Nothing in this section affects the application of any other Federal law to a project for which approval of construction, connection, operation, or maintenance is sought under this section. 2004. Transmission of electric energy to Canada and Mexico (a) Repeal of requirement To secure order Section 202 of the Federal Power Act ( 16 U.S.C. 824a ) is amended by striking subsection (e). (b) Conforming amendments (1) State regulations Section 202 of the Federal Power Act ( 16 U.S.C. 824a ) is amended— (A) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (B) in subsection (e) (as so redesignated), by striking insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e) . (2) Seasonal diversity electricity exchange Section 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) ) is amended by striking the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act and all that follows through the period at the end and inserting the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary. . 2005. Effective date; rulemaking deadlines (a) Effective date Sections 2003 and 2004, and the amendments made by those sections, shall take effect on July 1, 2015. (b) Rulemaking deadlines Each relevant official described in section 2003(b)(2) shall— (1) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of section 2003; and (2) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of section 2003. B Keystone XL permit approval 2011. Findings Congress finds that— (1) building the Keystone XL pipeline will provide jobs and economic growth to the United States; and (2) the Keystone XL pipeline should be approved immediately. 2012. Keystone XL permit approval (a) In General Notwithstanding Executive Order 13337 ( 3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 ( 3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United States Code, and any other Executive order or provision of law, no presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State for the northern portion of the Keystone XL pipeline from the Canadian border to the border between the States of South Dakota and Nebraska. (b) Environmental Impact Statement The final environmental impact statement issued by the Secretary of State on January 31, 2014, regarding the pipeline referred to in subsection (a), shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (c) Critical habitat No area necessary to construct or maintain the Keystone XL pipeline shall be considered critical habitat under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) or any other provision of law. (d) Permits Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, shall remain in effect. (e) Federal judicial review The pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, that are approved by this section, and any permit, right-of-way, or other action taken to construct or complete the project pursuant to Federal law, shall only be subject to judicial review on direct appeal to the United States Court of Appeals for the District of Columbia Circuit. III Outer Continental Shelf leasing 3001. Finding Congress finds that the United States has enormous potential for offshore energy development and that the people of the United States should have access to the jobs and economic benefits from developing those resources. 3002. Extension of leasing program (a) In general Subject to subsection (c), the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to in this title as the Secretary ) under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) shall be considered to be the final oil and gas leasing program under that section for the period of fiscal years 2014 through 2019. (b) Final environmental impact statement The Secretary is considered to have issued a final environmental impact statement for the program applicable to the period described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (c) Exceptions Lease Sales 214, 232, and 239 shall not be included in the final oil and gas leasing program for the period of fiscal years 2014 through 2019. 3003. Lease sales (a) In general Except as otherwise provided in this section, not later than 180 days after the date of enactment of this Act and every 270 days thereafter, the Secretary shall conduct a lease sale in each outer Continental Shelf planning area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf. (b) Subsequent determinations and sales If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this section, not later than 2 years after the date of the determination and every 2 years thereafter, the Secretary shall— (1) make an additional determination on whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and (2) if the Secretary determines that there is a commercial interest under paragraph (1), conduct a lease sale in the planning area. (c) Protection of State interest In developing future leasing programs, the Secretary shall give deference to affected coastal States (as the term is used in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) in determining leasing areas to be included in the leasing program. (d) Petitions If a person petitions the Secretary to conduct a lease sale for an outer Continental Shelf planning area in which the person has a commercial interest, the Secretary shall conduct a lease sale for the area in accordance with subsection (a). 3004. Applications for permits to drill Section 5 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334 ) is amended by adding at the end the following: (k) Applications for permits To drill (1) In general Subject to paragraph (2), the Secretary shall approve or disapprove an application for a permit to drill submitted under this Act not later than 20 days after the date on which the application is submitted to the Secretary. (2) Disapproval If the Secretary disapproves an application for a permit to drill under paragraph (1), the Secretary shall— (A) provide to the applicant a description of the reasons for the disapproval of the application; (B) allow the applicant to resubmit an application during the 10-day period beginning on the date of the receipt of the description described in subparagraph (A) by the applicant; and (C) approve or disapprove any resubmitted application not later than 10 days after the date on which the application is submitted to the Secretary. . 3005. Lease sales for certain areas (a) In general As soon as practicable but not later than 1 year after the date of enactment of this Act, the Secretary shall conduct Lease Sale 220 for areas offshore of the State of Virginia. (b) Compliance with other laws For purposes of the lease sale described in subsection (a), the environmental impact statement prepared under section 3001 shall satisfy the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (c) Energy projects in Gulf of Mexico (1) Jurisdiction The United States Court of Appeals for the Fifth Circuit shall have exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico. (2) Filing deadline Any civil action to challenge a project or permit described in paragraph (1) shall be filed not later than 60 days after the date of approval of the project or the issuance of the permit. IV Utilizing America's onshore resources 4001. Findings Congress finds that— (1) current policy has failed to take full advantage of the natural resources on Federal land; (2) the States should be given the option to lead energy development on all available Federal land in a State; and (3) the Federal Government should not inhibit energy development on Federal land. 4002. State option for energy development Notwithstanding any other provision of this title, a State may elect to control energy development and production on available Federal land in accordance with the terms and conditions of subtitle A and the amendments made by subtitle A in lieu of being subject to the Federal system established under subtitle B and the amendments made by subtitle B. A Energy development by States 4011. Definitions In this subtitle: (1) Available Federal land The term available Federal land means any Federal land that, as of the date of enactment of this Act— (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a congressionally designated wilderness area. (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means— (A) a State; and (B) the District of Columbia. 4012. State programs (a) In general A State— (1) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise the rights of the State to develop all forms of energy resources on available Federal land in the State; and (2) as a condition of certification under section 4013(b) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under paragraph (1) has been established or amended. (b) Amendment of programs A State may amend a program developed and certified under this subtitle at any time. (c) Certification of amended programs Any program amended under subsection (b) shall be certified under section 4013(b). 4013. Leasing, permitting, and regulatory programs (a) Satisfaction of Federal requirements Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (3) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ). (b) Federal certification and transfer of development rights Upon submission of a declaration by a State under section 4012(a)(2)— (1) the program under section 4012(a)(1) shall be certified; and (2) the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program. (c) Issuance of permits and leases If a State elects to issue a permit or lease for the development of any form of energy resource on any available Federal land within the borders of the State in accordance with a program certified under subsection (b), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations). 4014. Judicial review Activities carried out in accordance with this subtitle shall not be subject to Federal judicial review. 4015. Administrative Procedure Act Activities carried out in accordance with this subtitle shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). B Onshore oil and gas permit streamlining I Oil and gas leasing certainty 4021. Minimum acreage requirement for onshore lease sales Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended— (1) by striking Sec. 17. (a) All lands and inserting the following: 17. Lease of oil and gas land (a) Authority of Secretary (1) In general All land ; and (2) in subsection (a), by adding at the end the following: (2) Minimum acreage requirement for onshore lease sales (A) In general In conducting lease sales under paragraph (1)— (i) there shall be a presumption that nominated land should be leased; and (ii) the Secretary of the Interior shall offer for sale all of the nominated acreage not previously made available for lease, unless the Secretary demonstrates by clear and convincing evidence that an individual lease should not be granted. (B) Administration Acreage offered for lease pursuant to this paragraph— (i) shall not be subject to protest; and (ii) shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942), except that the categorical exclusions shall not be subject to the test of extraordinary circumstances or any other similar regulation or policy guidance. (C) Availability In administering this paragraph, the Secretary shall only consider leasing of Federal land that is available for leasing at the time the lease sale occurs. . 4022. Leasing certainty Section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) ) (as amended by section 4061) is amended by adding at the end the following: (3) Leasing certainty (A) In general The Secretary of the Interior shall not withdraw any covered energy project (as defined in section 4051 of the American Energy Renaissance Act of 2014 ) issued under this Act without finding a violation of the terms of the lease by the lessee. (B) Delay The Secretary shall not infringe on lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights-of-way for activities under the lease. (C) Availability for lease Not later than 18 months after an area is designated as open under the applicable land use plan, the Secretary shall make available nominated areas for lease using the criteria established under section 2. (D) Last payment (i) In general Notwithstanding any other provision of law, the Secretary shall issue all leases sold not later than 60 days after the last payment is made. (ii) Cancellation The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel. (E) Protests (i) In general Not later than the end of the 60-day period beginning on the date a lease sale is held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale. (ii) Unsettled protest If, after the 60-day period described in clause (i) any protest is left unsettled— (I) the protest shall be considered automatically denied; and (II) the appeal rights of the protestor shall begin. (F) Additional lease stipulations No additional lease stipulation may be added after the parcel is sold without consultation and agreement of the lessee, unless the Secretary considers the stipulation as an emergency action to conserve the resources of the United States. . 4023. Leasing consistency A Federal land manager shall follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed. 4024. Reduce redundant policies Bureau of Land Management Instruction Memorandum 2010–117 shall have no force or effect. 4025. Streamlined congressional notification Section 31(e) of the Mineral Leasing Act ( 30 U.S.C. 188(e) ) is amended in the first sentence of the matter following paragraph (4) by striking at least thirty days in advance of the reinstatement and inserting in an annual report . II Application for permits To drill process reform 4031. Permit to drill application timeline Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) ) is amended by striking paragraph (2) and inserting the following: (2) Applications for permits to drill reform and process (A) In general Not later than the end of the 30-day period beginning on the date an application for a permit to drill is received by the Secretary, the Secretary shall decide whether to issue the permit. (B) Extension (i) In general The Secretary may extend the period described in subparagraph (A) for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. (ii) Notice The notice shall— (I) be in the form of a letter from the Secretary or a designee of the Secretary; and (II) include— (aa) the names and titles of the persons processing the application; (bb) the specific reasons for the delay; and (cc) a specific date a final decision on the application is expected. (C) Notice of reasons for denial If the application is denied, the Secretary shall provide the applicant— (i) a written statement that provides clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and (ii) an opportunity to remedy any deficiencies. (D) Application deemed approved (i) In general Except as provided in clause (ii), if the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application shall be considered approved. (ii) Exceptions Clause (i) shall not apply in cases in which existing reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) are incomplete. (E) Denial of permit If the Secretary decides not to issue a permit to drill under this paragraph, the Secretary shall— (i) provide to the applicant a description of the reasons for the denial of the permit; (ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and (iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. (F) Fee (i) In general Notwithstanding any other provision of law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). (ii) Resubmitted application The fee required under clause (i) shall not apply to any resubmitted application. (iii) Treatment of permit processing fee Subject to appropriation, of all fees collected under this paragraph for each fiscal year, 50 percent shall be— (I) transferred to the field office at which the fees are collected; and (II) used to process protests, leases, and permits under this Act. . 4032. Administrative protest documentation reform Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) ) (as amended by section 4031) is amended by adding at the end the following: (4) Protest fee (A) In general The Secretary shall collect a $5,000 documentation fee to accompany each administrative protest for a lease, right-of-way, or application for a permit to drill. (B) Treatment of fees Subject to appropriation, of all fees collected under this paragraph for each fiscal year, 50 percent shall— (i) remain in the field office at which the fees are collected; and (ii) be used to process protests. . 4033. Improved Federal energy permit coordination (a) Definitions In this section: (1) Energy project The term energy project includes any oil, natural gas, coal, or other energy project, as defined by the Secretary. (2) Project The term Project means the Federal Permit Streamlining Project established under subsection (b). (3) Secretary The term Secretary means the Secretary of the Interior. (b) Establishment The Secretary shall establish a Federal Permit Streamlining Project in each Bureau of Land Management field office with responsibility for permitting energy projects on Federal land. (c) Memorandum of understanding (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of carrying out this section with— (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of Engineers. (2) State participation The Secretary may request that the Governor of any State with energy projects on Federal land to be a signatory to the memorandum of understanding. (d) Designation of qualified staff (1) In general Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (c), each Federal signatory party shall, if appropriate, assign to each Bureau of Land Management field office an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ); (B) permits under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); (C) regulatory matters under the Clean Air Act ( 42 U.S.C. 7401 et seq. ); (D) planning under the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. ); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Duties Each employee assigned under paragraph (1) shall— (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the home agency of the employee; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal land. (e) Additional personnel The Secretary shall assign to each Bureau of Land Management field office described in subsection (b) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field office, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (f) Funding Funding for the additional personnel shall come from the Department of the Interior reforms under paragraph (2) of section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) (as amended by section 4031 and section 4032). (g) Savings provision Nothing in this section affects— (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency any employee of which is participating in the Project. 4034. Administration Notwithstanding any other provision of law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 ). III Oil shale 4041. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision (a) Regulations (1) In general Notwithstanding any other provision of law (including regulations), the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69414), shall be considered to satisfy all legal and procedural requirements under any law, including— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Implementation The Secretary of the Interior shall implement the regulations described in paragraph (1) (including the oil shale leasing program authorized by the regulations) without any other administrative action necessary. (b) Amendments to resource management plans and record of decision (1) In general Notwithstanding any other provision of law (including regulations) to the contrary, the Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and the Final Programmatic Environmental Impact Statement of the Bureau of Land Management, as in effect on November 17, 2008, shall be considered to satisfy all legal and procedural requirements under any law, including— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Implementation The Secretary of the Interior shall implement the oil shale leasing program authorized by the regulations described in paragraph (1) in those areas covered by the resource management plans covered by the amendments, and covered by the record of decision, described in paragraph (1) without any other administrative action necessary. 4042. Oil shale leasing (a) Additional research and development lease sales Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall hold a lease sale offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 2611). (b) Commercial lease sales (1) In general Not later than January 1, 2016, the Secretary of the Interior shall hold not less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale development, as determined by the Secretary, in areas nominated through public comment. (2) Administration Each lease sale shall be— (A) for an area of not less than 25,000 acres; and (B) in multiple lease blocs. IV National Petroleum Reserve in Alaska Access 4051. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska It is the sense of Congress that— (1) the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and (2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve. 4052. National Petroleum Reserve in Alaska: lease sales Section 107 of the Naval Petroleum Reserves Production Act of 1976 ( 42 U.S.C. 6506a ) is amended by striking subsection (a) and inserting the following: (a) In general The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the Reserve— (1) in accordance with this Act; and (2) that shall include at least 1 lease sale annually in the areas of the Reserve most likely to produce commercial quantities of oil and natural gas for each of calendar years 2014 through 2023. . 4053. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary— (1) to develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and (2) to transport oil and gas from and through the National Petroleum Reserve in Alaska in the most direct manner possible to existing transportation or processing infrastructure on the North Slope of Alaska. (b) Timeline The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline: (1) Permits for the construction described in subsection (a) for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved not later than 60 days after the date of enactment of this Act. (2) Permits for the construction described in subsection (a) for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved not later than 180 days after the date on which a request for a permit to drill is submitted to the Secretary. (c) Plan To ensure timely future development of the National Petroleum Reserve in Alaska, not later than 270 days after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve. 4054. Issuance of a new integrated activity plan and environmental impact statement (a) Issuance of new integrated activity plan Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall issue— (1) a new proposed integrated activity plan from among the nonadopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and (2) an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of the Reserve. (b) Nullification of existing record of decision, IAP, and EIS Except as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect. 4055. Departmental accountability for development The Secretary of the Interior shall promulgate regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska. 4056. Deadlines under new proposed integrated activity plan At a minimum, the new proposed integrated activity plan issued under section 4054(a)(1) shall— (1) require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of the application; and (2) establish a timeline for the processing of each application that— (A) specifies deadlines for decisions and actions on permit applications; and (B) provides that the period for issuing a permit after the date on which the application is submitted shall not exceed 60 days without the concurrence of the applicant. 4057. Updated resource assessment (a) In general The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas. (b) Cooperation and consultation The assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists. (c) Timing The assessment required by subsection (a) shall be completed not later than 2 years after the date of enactment of this Act. (d) Funding In carrying out this section, the United States Geological Survey may cooperatively use resources and funds provided by the State of Alaska. V Miscellaneous provisions 4061. Sanctions Nothing in this title authorizes the issuance of a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) to any person designated for the imposition of sanctions pursuant to— (1) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 ( 22 U.S.C. 2151 note; Public Law 108–175 ); (2) the Comprehensive Iran Sanctions, Accountability, and Divestiture Act of 2010 (22 U.S.C. 8501 et seq.); (3) section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a ); (4) the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ); (5) the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ); (6) the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 note; Public Law 104–172 ); (7) Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); (8) Executive Order 13338 ( 50 U.S.C. 1701 note; relating to blocking property of certain persons and prohibiting the export of certain goods to Syria); (9) Executive Order 13622 ( 50 U.S.C. 1701 note; relating to authorizing additional sanctions with respect to Iran); (10) Executive Order 13628 ( 50 U.S.C. 1701 note; relating to authorizing additional sanctions with respect to Iran); or (11) Executive Order 13645 ( 50 U.S.C. 1701 note; relating to authorizing additional sanctions with respect to Iran). 4062. Internet-based onshore oil and gas lease sales (a) Authorization Section 17(b)(1) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1) ) is amended— (1) in subparagraph (A), in the third sentence, by inserting , except as provided in subparagraph (C) after by oral bidding ; and (2) by adding at the end the following: (C) Internet-Based bidding (i) In general In order to diversify and expand the onshore leasing program of the United States to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. (ii) Conclusion Each individual Internet-based lease sale shall conclude not later than 7 days after the date on which the sale begins. . (b) Report Not later than 90 days after the date on which the tenth Internet-based lease sale conducted under the amendment made by subsection (a) concludes, the Secretary of the Interior shall analyze the first 10 Internet-based lease sales and report to Congress the findings of the analysis, including— (1) estimates on increases or decreases in Internet-based lease sales, compared to sales conducted by oral bidding, in— (A) the number of bidders; (B) the average amount of bid; (C) the highest amount bid; and (D) the lowest bid; (2) an estimate on the total cost or savings to the Department of the Interior as a result of Internet-based lease sales, compared to sales conducted by oral bidding; and (3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better— (A) maximize bidder participation; (B) ensure the highest return to the Federal taxpayers; (C) minimize opportunities for fraud or collusion; and (D) ensure the security and integrity of the leasing process. VI Judicial review 4071. Definitions In this part: (1) Covered civil action The term covered civil action means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal land. (2) Covered energy project (A) In general The term covered energy project means— (i) the leasing of Federal land for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy; and (ii) any action under the lease. (B) Exclusion The term covered energy project does not include any dispute between the parties to a lease regarding the obligations under the lease, including any alleged breach of the lease. 4072. Exclusive venue for certain civil actions relating to covered energy projects Venue for any covered civil action shall lie in the United States district court in which the covered energy project or lease exists or is proposed. 4073. Timely filing To ensure timely redress by the courts, a covered civil action shall be filed not later than the end of the 90-day period beginning on the date of the final Federal agency action to which the covered civil action relates. 4074. Expedition in hearing and determining the action The court shall endeavor to hear and determine any covered civil action as expeditiously as practicable. 4075. Limitation on injunction and prospective relief (a) In general In a covered civil action, a court shall not grant or approve any prospective relief unless the court finds that the relief— (1) is narrowly drawn; (2) extends no further than necessary to correct the violation of a legal requirement; and (3) is the least intrusive means necessary to correct the violation. (b) Duration (1) In general A court shall limit the duration of preliminary injunctions to halt covered energy projects to not more than 60 days, unless the court finds clear reasons to extend the injunction. (2) Administration In the case of an extension, the extension shall— (A) only be in 30-day increments; and (B) require action by the court to renew the injunction. 4076. Limitation on attorneys’ fees and court costs (a) In general Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the Equal Access to Justice Act ), shall not apply to a covered civil action. (b) Court costs A party to a covered civil action shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party. 4077. Legal standing A challenger that files an appeal with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as a challenger before a United States district court. V Additional onshore resources A Leasing program for land within Coastal Plain 5001. Finding Congress finds that development of energy reserves under the Coastal Plain of Alaska, performed in an environmentally responsible manner, will contribute to job growth and economic development. 5002. Definitions In this subtitle: (1) Coastal plain The term Coastal Plain means the area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) Peer reviewed The term peer reviewed means reviewed— (A) by individuals chosen by the National Academy of Sciences with no contractual relationship with, or those who have no application for a grant or other funding pending with, the Federal agency with leasing jurisdiction; or (B) if individuals described in subparagraph (A) are not available, by the top individuals in the specified biological fields, as determined by the National Academy of Sciences. (3) Secretary The term Secretary means the Secretary of the Interior. 5003. Leasing program for land on the Coastal Plain (a) In general The Secretary shall— (1) establish and implement, in accordance with this subtitle and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain do not result in any significant adverse effect on fish and wildlife, the habitat of fish and wildlife, subsistence resources, or the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal of existing restriction (1) Repeal Section 1003 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3143 ) is repealed. (2) Conforming amendment The table of contents contained in section 1 of that Act ( 16 U.S.C. 3101 note) is amended by striking the item relating to section 1003. (c) Compliance with requirements under certain other laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section on the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination. (2) Adequacy of the Department of the Interior’s legislative environmental impact statement The document of the Department of the Interior entitled Final Legislative Environmental Impact Statement and dated April 1987 relating to the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 ) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) that apply with respect to prelease activities under this subtitle, including actions authorized to be taken by the Secretary to develop and promulgate regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale. (3) Compliance with NEPA for other actions (A) In general Prior to conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the actions authorized by this subtitle not covered by paragraph (2). (B) Nonleasing alternatives not required Notwithstanding any other provision of law, in preparing the environmental impact statement under subparagraph (A), the Secretary— (i) shall— (I) only identify a preferred action for leasing and a single leasing alternative; and (II) analyze the environmental effects and potential mitigation measures for those 2 alternatives; and (ii) is not required— (I) to identify nonleasing alternative courses of action; or (II) to analyze the environmental effects of nonleasing alternative courses of action. (C) Deadline The identification under subparagraph (B)(i)(I) for the first lease sale conducted under this subtitle shall be completed not later than 18 months after the date of enactment of this Act. (D) Public comment The Secretary shall only consider public comments that— (i) specifically address the preferred action of the Secretary; and (ii) are filed not later than 20 days after the date on which the environmental analysis is published. (E) Compliance Notwithstanding any other provision of law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle. (d) Relationship to State and local authority Nothing in this subtitle expands or limits State or local regulatory authority. (e) Special areas (1) In general The Secretary, after consultation with the State of Alaska, the city of Kaktovik and the North Slope Borough of the State of Alaska, may designate not more than 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the area is of such unique character and interest so as to require special management and regulatory protection. (2) Sadlerochit Spring area The Secretary shall designate the Sadlerochit Spring area, consisting of approximately 4,000 acres, as a Special Area. (3) Management Each Special Area shall be managed to protect and preserve the unique and diverse character of the area, including the fish, wildlife, and subsistence resource values of the area. (4) Exclusion from leasing or surface occupancy (A) In general The Secretary may exclude any Special Area from leasing. (B) No surface occupancy If the Secretary leases a Special Area, or any part of a Special Area, for oil and gas exploration, development, production, or related activities, there shall be no surface occupancy of the land comprising the Special Area. (5) Directional drilling Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases tracts located outside the Special Area. (f) Limitation on closed areas The authority of the Secretary to close land on the Coastal Plain to oil and gas leasing, exploration, development, or production shall be limited to the authority provided under this subtitle. (g) Regulations (1) In general Not later than 15 months after the date of enactment of this Act, the Secretary shall promulgate regulations necessary to carry out this subtitle, including regulations relating to protection of fish and wildlife, the habitat of fish and wildlife, subsistence resources, and environment of the Coastal Plain. (2) Revision of regulations The Secretary shall, through a rulemaking conducted in accordance with section 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations promulgated under paragraph (1) to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures. 5004. Lease sales (a) In general In accordance with the requirements of this subtitle, the Secretary may lease land under this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (b) Procedures The Secretary shall, by regulation and not later than 180 days after the date of enactment of this Act, establish procedures for— (1) receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion from, a lease sale; (2) the holding of lease sales after the nomination process; and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease sale bids Lease sales under this subtitle may be conducted through an Internet leasing program, if the Secretary determines that the Internet leasing program will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system. (d) Sale acreages and schedule The Secretary shall— (1) offer for lease under this subtitle— (A) those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received under subsection (b)(1); and (B) (i) not fewer than 50,000 acres by not later than 22 months after the date of the enactment of this Act; and (ii) not fewer than an additional 50,000 acres at 6-, 12-, and 18-month intervals following the initial offering under subclause (i); (2) conduct 4 additional lease sales under the same terms and schedule as the last lease sale under paragraph (1)(B)(ii) not later than 2 years after the date of that sale, if sufficient interest in leasing exists to warrant, in the judgment of the Secretary, the conduct of the sales; and (3) evaluate the bids in each lease sale under this subsection and issue leases resulting from the sales not later than 90 days after the date on which the sale is completed. 5005. Grant of leases by the Secretary (a) In general The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section 5004 any land to be leased on the Coastal Plain upon payment by the bidder of any bonus as may be accepted by the Secretary. (b) Subsequent transfers No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary after the Secretary consults with, and gives due consideration to the views of, the Attorney General. 5006. Lease terms and conditions An oil or gas lease issued under this subtitle shall— (1) provide for the payment of a royalty of not less than 12.5 percent in amount or value of the production removed or sold under the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures; (3) require that the lessee of land on the Coastal Plain shall be fully responsible and liable for the reclamation of land on the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and on the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary; (5) provide that the standard of reclamation for land required to be reclaimed under this subtitle shall be, as nearly as practicable, a condition capable of supporting the uses which the land was capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, the habitat of fish and wildlife, subsistence resources, and the environment as required under section 5003(a)(2); (7) provide that the lessee, agents of the lessee, and contractors of the lessee use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State; and (8) contain such other provisions as the Secretary determines necessary to ensure compliance with this subtitle and the regulations issued pursuant to this subtitle. 5007. Coastal Plain environmental protection (a) No significant adverse effect standard To govern authorized Coastal Plain activities The Secretary shall, consistent with the requirements of section 5003, administer this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain shall not result in any significant adverse effect on fish and wildlife, the habitat of fish and wildlife, or the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 10,000 acres on the Coastal Plain for each 100,000 acres of area leased. (b) Site-Specific assessment and mitigation With respect to any proposed drilling and related activities, the Secretary shall require that— (1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, the habitat of fish and wildlife, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan. (c) Regulations To protect Coastal Plain fish and wildlife resources, subsistence users, and the environment Prior to implementing the leasing program authorized by this subtitle, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle. (d) Compliance with Federal and State environmental laws and other requirements The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of Federal and State environmental law and compliance with the following: (1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the document of the Department of the Interior entitled Final Legislative Environmental Impact Statement and dated April 1987 relating to the Coastal Plain. (2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures. (3) That exploration activities, except for surface geological studies— (A) be limited to the period between approximately November 1 and May 1 each year; and (B) be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that exploration activities may occur at other times if the Secretary finds that the exploration will have no significant adverse effect on the fish and wildlife, the habitat of fish and wildlife, and the environment of the Coastal Plain. (4) Design safety and construction standards for all pipelines and any access and service roads, that minimize, to the maximum extent practicable, adverse effects on— (A) the passage of migratory species such as caribou; and (B) the flow of surface water by requiring the use of culverts, bridges, and other structural devices. (5) Prohibitions on general public access and use on all pipeline access and service roads. (6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this subtitle, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose. (7) Appropriate prohibitions or restrictions on access by all modes of transportation. (8) Appropriate prohibitions or restrictions on sand and gravel extraction. (9) Consolidation of facility siting. (10) Appropriate prohibitions or restrictions on the use of explosives. (11) Avoidance, to the extent practicable, of springs, streams, and river systems, the protection of natural surface drainage patterns, wetlands, and riparian habitats, and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling. (12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife. (13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law (including regulations). (14) Fuel storage and oil spill contingency planning. (15) Research, monitoring, and reporting requirements. (16) Field crew environmental briefings. (17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users. (18) Compliance with applicable air and water quality standards. (19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (20) Reasonable stipulations for protection of cultural and archeological resources. (21) All other protective environmental stipulations, restrictions, terms, and conditions determined necessary by the Secretary. (e) Considerations In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider— (1) the stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement; (2) the environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations; and (3) the land use stipulations for exploratory drilling on the KIC–ASRC private land that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States. (f) Facility consolidation planning (1) In general The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. (2) Objectives The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, the habitat of fish and wildlife, and the environment. (D) Using existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (g) Access to public land The Secretary shall— (1) manage public land in the Coastal Plain subject to section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 ); and (2) ensure that local residents shall have reasonable access to public land in the Coastal Plain for traditional uses. 5008. Expedited judicial review (a) Filing of complaint (1) Deadline Subject to paragraph (2), any complaint seeking judicial review of— (A) any provision of this subtitle shall be filed by not later than 1 year after the date of enactment of this Act; or (B) any action of the Secretary under this subtitle shall be filed— (i) except as provided in clause (ii), during the 90-day period beginning on the date on which the action is challenged; or (ii) in the case of a complaint based solely on grounds arising after the period described in clause (i), not later than 90 days after the date on which the complainant knew or reasonably should have known of the grounds for the complaint. (2) Venue Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States Court of Appeals for the District of Columbia. (3) Limitation on scope of certain review (A) In general Judicial review of a decision by the Secretary to conduct a lease sale under this subtitle, including an environmental analysis, shall be— (i) limited to whether the Secretary has complied with this subtitle; and (ii) based on the administrative record of that decision. (B) Presumption The identification by the Secretary of a preferred course of action to enable leasing to proceed and the analysis by the Secretary of environmental effects under this subtitle is presumed to be correct unless shown otherwise by clear and convincing evidence. (b) Limitation on other review Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. (c) Limitation on attorneys’ fees and court costs (1) In general Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the Equal Access to Justice Act ), shall not apply to any action under this subtitle. (2) Court costs A party to any action under this subtitle shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party. 5009. Treatment of revenues Notwithstanding any other provision of law, 90 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle shall be deposited in the Treasury. 5010. Rights-of-way across the Coastal Plain (a) In general The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this subtitle— (1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), without regard to title XI of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3161 et seq. ); and (2) under title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ), for access authorized by sections 1110 and 1111 of that Act ( 16 U.S.C. 3170 , 3171). (b) Terms and conditions The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, the habitat of fish and wildlife, subsistence resources, or the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines. (c) Regulations The Secretary shall include in regulations promulgated under section 5003(g) provisions granting rights-of-way and easements described in subsection (a). 5011. Conveyance In order to maximize Federal revenues by removing clouds on titles to land and clarifying land ownership patterns on the Coastal Plain, and notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), the Secretary shall convey— (1) to the Kaktovik Inupiat Corporation, the surface estate of the land described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 , 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation dated January 22, 1993; and (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which the Arctic Slope Regional Corporation is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America. B Native American Energy 5021. Findings Congress finds that— (1) the Federal Government has unreasonably interfered with the efforts of Indian tribes to develop energy resources on tribal land; and (2) Indian tribes should have the opportunity to gain the benefits of the jobs, investment, and economic development to be gained from energy development. 5022. Appraisals (a) Amendment Title XXVI of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 et seq. ) is amended by adding at the end the following: 2607. Appraisal reforms (a) Options to Indian Tribes With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal or other estimates of value relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by— (1) the Secretary; (2) the affected Indian tribe; or (3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. (b) Time Limit on Secretarial Review and Action Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraph (2) or (3) of subsection (a), the Secretary shall— (1) review the appraisal; and (2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal. (c) Failure of Secretary To approve or disapprove If the Secretary has failed to approve or disapprove any appraisal by the date that is 60 days after the date on which the appraisal is received, the appraisal shall be deemed approved. (d) Option of Indian tribes To waive appraisal An Indian tribe may waive the requirements of subsection (a) if the Indian tribe provides to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent to waive the requirements that— (1) is duly approved by the governing body of the Indian tribe; and (2) includes an express waiver by the Indian tribe of any claims for damages the Indian tribe might have against the United States as a result of the waiver. (e) Regulations The Secretary shall promulgate regulations to implement this section, including standards the Secretary shall use for approving or disapproving an appraisal under subsection (b). . (b) Conforming amendment The table of contents of the Energy Policy Act of 1992 ( 42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following: Sec. 2607. Appraisal reforms. . 5023. Standardization As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian land shall use a uniform system of reference numbers and tracking systems for oil and gas wells. 5024. Environmental reviews of major Federal actions on Indian land Section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) is amended— (1) in the matter preceding paragraph (1) by inserting (a) In general.— before The Congress authorizes ; and (2) by adding at the end the following: (b) Review of major Federal actions on Indian land (1) Definitions of Indian land and Indian tribe In this subsection, the terms Indian land and Indian tribe have the meaning given those terms in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501). (2) In general For any major Federal action on Indian land of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by— (A) the members of the Indian tribe; and (B) any other individual residing within the affected area. (3) Regulations The Chairman of the Council on Environmental Quality, in consultation with Indian tribes, shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions. . 5025. Judicial review (a) Definitions In this section: (1) Agency action The term agency action has the meaning given the term in section 551 of title 5, United States Code. (2) Energy related action The term energy-related action means a civil action that— (A) is filed on or after the date of enactment of this Act; and (B) seeks judicial review of a final agency action relating to the issuance of a permit, license, or other form of agency permission allowing— (i) any person or entity to conduct on Indian Land activities involving the exploration, development, production, or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity; or (ii) any Indian Tribe, or any organization of 2 or more entities, not less than 1 of which is an Indian tribe, to conduct activities involving the exploration, development, production, or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken. (3) Indian land (A) In general The term Indian land has the meaning given the term in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ). (B) Inclusion The term Indian land includes land owned by a Native Corporation (as that term is defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )) under that Act (43 U.S.C. 1601 et seq.). (4) Ultimately prevail (A) In general The term ultimately prevail means, in a final enforceable judgment that the court rules in the party’s favor on at least 1 civil claim that is an underlying rationale for the preliminary injunction, administrative stay, or other relief requested by the party. (B) Exclusion The term ultimately prevail does not include circumstances in which the final agency action is modified or amended by the issuing agency unless the modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree. (b) Time for filing complaint (1) In general Any energy related action shall be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned. (2) Prohibition Any energy related action that is not filed within the time period described in paragraph (1) shall be barred. (c) District court venue and deadline An energy related action— (1) may only be brought in the United States District Court for the District of Columbia; and (2) shall be resolved as expeditiously as possible, and in any event not more than 180 days after the energy related action is filed. (d) Appellate review An interlocutory order or final judgment, decree or order of the district court in an energy related action— (1) may be appealed to the United States Court of Appeals for the District of Columbia Circuit; and (2) if the court described in paragraph (1) undertakes the review, the court shall resolve the review as expeditiously as possible, and in any event by not later than 180 days after the interlocutory order or final judgment, decree or order of the district court was issued. (e) Limitation on certain payments Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections, to any person or party in an energy related action. (f) Limitation on attorneys' fees and court costs (1) In general Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the Equal Access to Justice Act ), shall not apply to an energy related action. (2) Court costs A party to a covered civil action shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party. 5026. Tribal resource management plans Unless otherwise explicitly exempted by Federal law enacted after the date of enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ) or the American Indian Agricultural Resource Management Act ( 25 U.S.C. 3701 et seq. ), shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability. 5027. Leases of restricted lands for the Navajo Nation Subsection (e)(1) of the first section of the Act of August 9, 1955 ( 25 U.S.C. 415 ) (commonly known as the Long-Term Leasing Act ), is amended— (1) by striking , except a lease for and inserting , including leases for ; (2) in subparagraph (A), by striking 25 years, except and all that follows through ; and and inserting 99 years; ; (3) in subparagraph (B), by striking the period and inserting ; and ; and (4) by adding at the end the following: (C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that the lease may include an option to renew for 1 additional term not to exceed 25 years. . 5028. Nonapplicability of certain rules No rule promulgated by the Secretary of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall affect any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on behalf of which the land is held in trust or restricted status. C Additional regulatory provisions I State authority over hydraulic fracturing 5031. Finding Congress finds that given variations in geology, land use, and population, the States are best placed to regulate the process of hydraulic fracturing occurring on any land within the boundaries of the individual State. 5032. State authority (a) Definition of Federal land In this section, the term Federal land means— (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. (b) State authority (1) In general Notwithstanding any other provision of law, a State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State. (2) Federal land Notwithstanding any other provision of law, the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located. II Miscellaneous provisions 5041. Environmental legal fees Section 504 of title 5, United States Code, is amended by adding at the end the following: (g) Environmental legal fees Notwithstanding section 1304 of title 31, no award may be made under this section and no amounts may be obligated or expended from the Claims and Judgment Fund of the Treasury to pay any legal fees of a nongovernmental organization related to an action that (with respect to the United States)— (1) prevents, terminates, or reduces access to or the production of— (A) energy; (B) a mineral resource; (C) water by agricultural producers; (D) a resource by commercial or recreational fishermen; or (E) grazing or timber production on Federal land; (2) diminishes the private property value of a property owner; or (3) eliminates or prevents 1 or more jobs. . 5042. Master leasing plans (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Bureau of Land Management, shall not establish a master leasing plan as part of any guidance issued by the Secretary. (b) Existing master leasing plans Instruction Memorandum No. 2010–117 and any other master leasing plan described in subsection (a) issued on or before the date of enactment of this Act shall have no force or effect. VI Improving America's domestic refining capacity A Refinery permitting reform 6001. Finding Congress finds that the domestic refining industry is an important source of jobs and economic growth and whose growth should not be limited by an excessively drawn out permitting and approval process. 6002. Definitions In this subtitle: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Expansion The term expansion means a physical change that results in an increase in the capacity of a refinery. (3) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (4) Permit The term permit means any permit, license, approval, variance, or other form of authorization that a refiner is required to obtain— (A) under any Federal law; or (B) from a State or tribal government agency delegated authority by the Federal Government, or authorized under Federal law, to issue permits. (5) Refiner The term refiner means a person that— (A) owns or operates a refinery; or (B) seeks to become an owner or operator of a refinery. (6) Refinery (A) In general The term refinery means— (i) a facility at which crude oil is refined into transportation fuel or other petroleum products; and (ii) a coal liquification or coal-to-liquid facility at which coal is processed into synthetic crude oil or any other fuel. (B) Inclusion The term refinery includes an expansion of a refinery. (7) Refinery permitting agreement The term refinery permitting agreement means an agreement entered into between the Administrator and a State or Indian tribe under subsection (c). (8) State The term State means— (A) a State; and (B) the District of Columbia. 6003. Streamlining of refinery permitting process (a) In general At the request of the Governor of a State or the governing body of an Indian tribe, the Administrator shall enter into a refinery permitting agreement with the State or Indian tribe under which the process for obtaining all permits necessary for the construction and operation of a refinery shall be streamlined using a systematic, interdisciplinary multimedia approach, as provided in this section. (b) Authority of Administrator Under a refinery permitting agreement, the Administrator shall have the authority, as applicable and necessary— (1) to accept from a refiner a consolidated application for all permits that the refiner is required to obtain to construct and operate a refinery; (2) in consultation and cooperation with each Federal, State, or tribal government agency that is required to make any determination to authorize the issuance of a permit, to establish a schedule under which each agency shall— (A) concurrently consider, to the maximum extent practicable, each determination to be made; and (B) complete each step in the permitting process; and (3) to issue a consolidated permit that combines all permits issued under the schedule established under paragraph (2). (c) Refinery permitting agreements Under a refinery permitting agreement, a State or governing body of an Indian tribe shall agree that— (1) the Administrator shall have each of the authorities described in subsection (b); and (2) the State or tribal government agency shall— (A) in accordance with State law, make such structural and operational changes in the agencies as are necessary to enable the agencies to carry out consolidated, project-wide permit reviews concurrently and in coordination with the Environmental Protection Agency and other Federal agencies; and (B) comply, to the maximum extent practicable, with the applicable schedule established under subsection (b)(2). (d) Deadlines (1) New refineries In the case of a consolidated permit for the construction of a new refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than— (A) 365 days after the date of receipt of an administratively complete application for the consolidated permit; or (B) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 90 days after the expiration of the deadline described in subparagraph (A). (2) Expansion of existing refineries In the case of a consolidated permit for the expansion of an existing refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than— (A) 120 days after the date of receipt of an administratively complete application for the consolidated permit; or (B) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 30 days after the expiration of the deadline described in subparagraph (A). (e) Federal agencies Each Federal agency that is required to make any determination to authorize the issuance of a permit shall comply with the applicable schedule established under subsection (b)(2). (f) Judicial review Any civil action for review of a permit determination under a refinery permitting agreement shall be brought exclusively in the United States district court for the district in which the refinery is located or proposed to be located. (g) Efficient permit review In order to reduce the duplication of procedures, the Administrator shall use State permitting and monitoring procedures to satisfy substantially equivalent Federal requirements under this subtitle. (h) Severability If 1 or more permits that are required for the construction or operation of a refinery are not approved on or before an applicable deadline under subsection (d), the Administrator may issue a consolidated permit that combines all other permits that the refiner is required to obtain, other than any permits that are not approved. (i) Consultation with local governments The Administrator, States, and tribal governments shall consult, to the maximum extent practicable, with local governments in carrying out this section. (j) Effect of section Nothing in this section affects— (1) the operation or implementation of any otherwise applicable law regarding permits necessary for the construction and operation of a refinery; (2) the authority of any unit of local government with respect to the issuance of permits; or (3) any requirement or ordinance of a local government (such as a zoning regulation). B Repeal of renewable fuel standard 6011. Findings Congress finds that the mandates under the renewable fuel standard contained in section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) )— (1) impose significant costs on American citizens and the American economy, without offering any benefit; and (2) should be repealed. 6012. Phase out of renewable fuel standard (a) In general Section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by striking clause (ii); and (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; and (B) in subparagraph (B), by striking clauses (ii) through (v) and inserting the following: (ii) Calendar years 2014 through 2018 Notwithstanding clause (i), for purposes of subparagraph (A), the applicable volumes of renewable fuel for each of calendar years 2014 through 2018 shall be determined as follows: (I) For calendar year 2014, in accordance with the table entitled I–2—Proposed 2014 Volume Requirements of the proposed rule published at pages 71732 through 71784 of volume 78 of the Federal Register (November 29, 2013). (II) For calendar year 2015, the applicable volumes established under subclause (I), reduced by 20 percent. (III) For calendar year 2016, the applicable volumes established under subclause (I), reduced by 40 percent. (IV) For calendar year 2017, the applicable volumes established under subclause (I), reduced by 60 percent. (V) For calendar year 2018, the applicable volumes established under subclause (I), reduced by 80 percent. ; (2) in paragraph (3)— (A) by striking 2021 and inserting 2017 each place it appears; and (B) in subparagraph (B)(i), by inserting , subject to the condition that the renewable fuel obligation determined for a calendar year is not more than the applicable volumes established under paragraph (2)(B)(ii) before the period; and (3) by adding at the end the following: (13) Sunset The program established under this subsection shall terminate on December 31, 2018. . (b) Regulations Effective beginning on January 1, 2019, the regulations contained in subparts K and M of part 80 of title 40, Code of Federal Regulations (as in effect on that date of enactment), shall have no force or effect. VII Stopping EPA overreach 7001. Findings Congress finds that— (1) the Environmental Protection Agency has exceeded its statutory authority by promulgating regulations that were not contemplated by Congress in the authorizing language of the statutes enacted by Congress; (2) no Federal agency has the authority to regulate greenhouse gases under current law; and (3) no attempt to regulate greenhouse gases should be undertaken without further Congressional action. 7002. Clarification of Federal regulatory authority to exclude greenhouse gases from regulation under the Clean Air Act (a) Repeal of Federal climate change regulation (1) Greenhouse gas regulation under Clean Air Act Section 302(g) of the Clean Air Act ( 42 U.S.C. 7602(g) ) is amended— (A) by striking (g) The term and inserting the following: (g) Air pollutant (1) In general The term ; and (B) by adding at the end the following: (2) Exclusion The term air pollutant does not include carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride. . (2) No regulation of climate change Notwithstanding any other provision of law, nothing in any of the following Acts or any other law authorizes or requires the regulation of climate change or global warming: (A) The Clean Air Act ( 42 U.S.C. 7401 et seq. ). (B) The Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (C) The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (D) The Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (E) The Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). (b) Effect on proposed rules of the EPA In accordance with this section, the following proposed or contemplated rules (or any similar or successor rules) of the Environmental Protection Agency shall be void and have no force or effect: (1) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units (published at 79 Fed. Reg. 1430 (January 8, 2014)). (2) The contemplated rules on carbon pollution for existing power plants. (3) Any other contemplated or proposed rules proposed to be issued pursuant to the purported authority described in subsection (a)(2). 7003. Jobs analysis for all EPA regulations (a) In general Before proposing or finalizing any regulation, rule, or policy, the Administrator of the Environmental Protection Agency shall provide an analysis of the regulation, rule, or policy and describe the direct and indirect net and gross impact of the regulation, rule, or policy on employment in the United States. (b) Limitation No regulation, rule, or policy described in subsection (a) shall take effect if the regulation, rule, or policy has a negative impact on employment in the United States unless the regulation, rule, or policy is approved by Congress and signed by the President. VIII Debt freedom fund 8001. Findings Congress finds that— (1) the national debt being over $17,000,000,000,000 in 2014— (A) threatens the current and future prosperity of the United States; (B) undermines the national security interests of the United States; and (C) imposes a burden on future generations of United States citizens; and (2) revenue generated from the development of the natural resources in the United States should be used to reduce the national debt. 8002. Debt freedom fund Notwithstanding any other provision of law, in accordance with all revenue sharing arrangement with States in effect on the date of enactment of this Act, an amount equal to the additional amount of Federal funds generated by the programs and activities under this Act (and the amendments made by this Act)— (1) shall be deposited in a special trust fund account in the Treasury, to be known as the Debt Freedom Fund ; and (2) shall not be withdrawn for any purpose other than to pay down the national debt of the United States, for which purpose payments shall be made expeditiously.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4286ih/xml/BILLS-113hr4286ih.xml
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113-hr-4287
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I 113th CONGRESS 2d Session H. R. 4287 IN THE HOUSE OF REPRESENTATIVES March 24, 2014 Mr. Castro of Texas (for himself and Mr. Forbes ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To advance the public health by encouraging independent innovators to pursue drug repurposing research and develop new treatments and cures by providing appropriate intellectual property protections for those innovations, and for other purposes.
1. Short title This Act may be cited as the Independent Innovator and Repurposing Act . 2. Extension of patent term for method of using biological product (a) Extension for regulatory delay The term of a patent claiming a method of using a biological product shall be extended for 5 years from the original expiration date of the patent, which shall include any patent term adjustment granted under section 154(b) of title 35, United States Code, if— (1) an application for an extension is submitted by the owner of record of the patent or its agent in accordance with the requirements of subsection (b); and (2) the term of the patent— (A) has not expired before the application is so submitted; and (B) has not been extended under subsection (c) of this section or section 156 of title 35, United States Code. (b) Application for extension To obtain an extension of the term of a patent under this section, the owner of record of the patent or its agent shall submit an application to the Director. The application shall contain— (1) the identity of the biological product; (2) the identity of the patent for which an extension is being sought and the identity of each claim of such patent that claims the method of using the biological product; (3) information demonstrating to the Director that— (A) the patent was issued to an independent innovator; (B) the owner of record is— (i) the independent innovator; or (ii) a qualified small business in which the independent innovator has an ownership interest; (C) an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for commercial marketing of the biological product for a method of use claimed in the patent has been filed; and (D) a period of not less than 10 years elapsed between the original date of submission of an application for an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) for investigating such method of use and the date on which the Food and Drug Administration approved the application described in subparagraph (C); and (4) a brief description of the activities undertaken by the owner of record of the patent, or the agent of such owner, during such period with respect to the biological product and the significant dates applicable to such activities to the extent such information is possessed by such owner. (c) Determination of extension (1) In general A determination that a patent is eligible for extension shall be made by the Director solely on the basis of the representations contained in the application for the extension. If the Director determines that a patent is eligible for extension under subsection (a) and that the requirements of subsection (b) have been complied with, the Director shall issue to the applicant for the extension of the term of the patent a certificate of extension, under seal, for 5 years. Such certificate shall be recorded in the official file of the patent and shall be considered as part of the original patent. (2) Interim extension If the term of a patent for which an application has been submitted under subsection (b) would expire before a certificate of extension is issued or denied under paragraph (1) respecting the application, the Director shall extend, until such determination is made, the term of the patent for periods of up to one year if the Director determines that the patent is eligible for extension. (d) Definitions In this section: (1) Biological product The term biological product has the meaning given to such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (2) Director The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (3) Independent innovator (A) The term independent innovator means any person or entity that— (i) obtains a method of use patent for a biological product; and (ii) is not, at the time of invention or patent filing, affiliated with the holder of a marketing application approved under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for the commercial marketing of such biological product. (B) For purposes of subparagraph (A) and paragraph (4), the term affiliated refers to any relationship of employment, control, or common ownership, whether direct or indirect, including through one or more intermediaries. (4) Qualified small business The term qualified small business means any entity with fewer than 500 employees, including employees of affiliates, and which is not affiliated with the holder of the marketing application approved under section 351(a) of the Public Health Service Act (42 U.S.C. sec. 262(a)) for the commercial marketing of such biological product. (e) Effective date This section shall take effect on the date of the enactment of this Act and shall apply to any unexpired patent issued before, on, or after that effective date.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4287ih/xml/BILLS-113hr4287ih.xml
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113-hr-4288
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I 113th CONGRESS 2d Session H. R. 4288 IN THE HOUSE OF REPRESENTATIVES March 24, 2014 Mr. Neal introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide certain protections from civil liability with respect to the emergency administration of opioid overdose drugs.
1. Short title This Act may be cited as the Opioid Overdose Reduction Act of 2014 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Overdoses from opioids have increased dramatically in the United States. (2) Deaths from drug overdose, largely from prescription pain relievers, have tripled among men and increased fivefold among women over the past decade. (3) Nationwide, drug overdoses now claim more lives than car accidents. (4) Death from heroin and other opioid overdoses can be prevented if the person who overdosed is timely administered an opioid overdose drug. (5) Medical personnel as well as non-medical personnel can be trained to administer opioid overdose drugs safely and effectively. (6) Several States, including Massachusetts, have established programs allowing for the administration of opioid overdose drugs by non-medical personnel, and those programs have saved lives. (7) The willingness of medical and non-medical personnel to administer opioid overdose drugs may be deterred by potential civil liability, and the willingness of physicians to prescribe opioid overdose drugs to persons other than a patient may also be deterred by potential civil liability. (b) Purpose The purpose of this Act is to save the lives of people who intentionally or inadvertently overdose on heroin or other opioids by providing certain protections from civil liability with respect to the emergency administration of opioid overdose drugs. 3. Definitions In this Act— (1) the term health care professional means a person licensed by a State to prescribe prescription drugs; (2) the term opioid overdose drug means a drug that, when administered, reverses in whole or part the pharmacological effects of an opioid overdose in the human body; and (3) the term opioid overdose program means a Federal, State, or local agency program or a program funded by a Federal, State, or local government that works to prevent opioid overdoses by, in part, providing opioid overdose drugs and education to individuals at risk of experiencing an opioid overdose or to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose. 4. Preemption and election of State nonapplicability (a) Preemption Except as provided in subsection (b), this Act preempts the law of a State to the extent that such law is inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to the administration of opioid overdose drugs or that shields from liability any person who provides or administers opioid overdose drugs. (b) Election of State regarding nonapplicability Sections 5, 6, and 7 shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if— (1) all parties to the civil action are citizens of the State in which such action is brought; and (2) the State enacts legislation in accordance with State requirements for enacting legislation— (A) citing the authority of this subsection; (B) declaring the election of the State that such sections 5, 6, and 7 shall not apply, as of a date certain, to any civil actions covered by this Act; and (C) containing no other provisions. 5. Limitation on civil liability for health care professionals who provide opioid overdose drugs (a) In general Notwithstanding any other provision of law, a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose, or who prescribed or provided an opioid overdose drug to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose, shall not be liable for harm caused by the use of the opioid overdose drug if the individual to whom such drug is prescribed or provided has been educated about opioid overdose prevention and treatment by the health care professional or as part of an opioid overdose program. (b) Exception Subsection (a) shall not apply to a health care professional if the harm was caused by the gross negligence or reckless misconduct of the health care professional. 6. Limitation on civil liability for individuals working for or volunteering at a state or local agency opioid overdose program (a) In General Notwithstanding any other provision of law, except as provided in subsection (b), no individual who provides an opioid overdose drug shall be liable for harm caused by the emergency administration of an opioid overdose drug by another individual if the individual who provides such drug— (1) works for or volunteers at an opioid overdose program; and (2) provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug. (b) Exception Subsection (a) shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug. 7. Limitation on civil liability for individuals who administer opioid overdose drugs (a) In general Notwithstanding any other provision of law, except as provided in subsection (b), no individual shall be liable for harm caused by the emergency administration of an opioid overdose drug to an individual who has or reasonably appears to have suffered an overdose from heroin or other opioid, if— (1) the individual who administers the opioid overdose drug obtained the drug from a health care professional or as part of an opioid overdose program; and (2) was educated by the health care professional or an opioid overdose program in the proper administration of the opioid antagonist drug. (b) Exception Subsection (a) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4288ih/xml/BILLS-113hr4288ih.xml
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113-hr-4289
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I 113th CONGRESS 2d Session H. R. 4289 IN THE HOUSE OF REPRESENTATIVES March 24, 2014 Mr. Payne (for himself and Mrs. Brooks of Indiana ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to require the Under Secretary for Management of the Department of Homeland Security to take administrative action to achieve and maintain interoperable communications capabilities among the components of the Department of Homeland Security, and for other purposes.
1. Short title This Act may be cited as the Department of Homeland Security Interoperable Communications Act or the DHS Interoperable Communications Act . 2. Inclusion of interoperable communications capabilities in responsibilities of Under Secretary for Management Section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 ) is amended— (1) in paragraph (4) of subsection (a), by inserting before the period at the end the following: , including policies and directives to achieve and maintain interoperable communications among the components of the Department ; and (2) by adding at the end the following new subsection: (d) Interoperable communications defined In this section, the term interoperable communications means the ability of components of the Department to communicate with each other as necessary, utilizing information technology systems and radio communications systems to exchange voice, data, and video in real time, as necessary, for acts of terrorism, daily operations, planned events, and emergencies. . 3. Strategy (a) In general Not later than 120 days after the date of the enactment of this Act, the Under Secretary for Management of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a strategy, which shall be updated as necessary, for achieving and maintaining interoperable communications (as such term is defined in subsection (d) of section 701 of the Homeland Security Act of 2002, as added by section 2 of this Act) among the components of the Department of Homeland Security, including for daily operations, planned events, and emergencies, with corresponding milestones, that includes, at a minimum the following: (1) An assessment of interoperability gaps in radio communications among the components of the Department, as of the date of the enactment of this Act. (2) Information on efforts and activities, including current and planned policies, directives, and training, of the Department since November 1, 2012, to achieve and maintain interoperable communications among the components of the Department, and planned efforts and activities of the Department to achieve and maintain such interoperable communications. (3) An assessment of obstacles and challenges to achieving and maintaining interoperable communications among the components of the Department. (4) Information on, and an assessment of, the adequacy of mechanisms available to the Under Secretary for Management to enforce and compel compliance with interoperable communications policies and directives of the Department. (5) Guidance provided to the components of the Department to implement interoperable communications policies and directives of the Department. (6) The total amount of funds expended by the Department since November 1, 2012, and projected future expenditures, to achieve interoperable communications, including on equipment, infrastructure, and maintenance. (7) Dates upon which Department-wide interoperability is projected to be achieved for voice, data, and video communications, respectively, and interim milestones that correspond to the achievement of each such mode of communication. (b) Supplementary material Together with the strategy required under subsection (a), the Under Secretary for Management shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on any intra-agency effort or task force that has been delegated certain responsibilities by the Under Secretary relating to achieving and maintaining interoperable communications among the components of the Department by the dates referred to in paragraph (9) of subsection (a), and on who, within each such component, is responsible for implementing policies and directives issued by the Under Secretary to so achieve and maintain such interoperable communications. 4. Report Not later than 220 days after the date of the enactment of this Act and biannually thereafter, the Under Secretary for Management shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status of efforts, since the issuance of the strategy required under section 3, to implement such strategy, including the following: (1) Progress on each interim milestone referred to in paragraph (9) of subsection (a) toward achieving and maintaining interoperable communications among the components of the Department. (2) Information on any policies, directives, guidance, and training established by the Under Secretary. (3) An assessment of the level of compliance, adoption, and participation among the components of the Department with the policies, directives, guidance, and training established by the Under Secretary to achieve and maintain interoperable communications among such components. (4) Information on any additional resources or authorities needed by the Under Secretary.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4289ih/xml/BILLS-113hr4289ih.xml
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113-hr-4290
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I 113th CONGRESS 2d Session H. R. 4290 IN THE HOUSE OF REPRESENTATIVES March 25, 2014 Mr. Matheson (for himself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to reauthorize the Emergency Medical Services for Children Program.
1. Short title This Act may be cited as the Wakefield Act of 2014 . 2. Findings Congress makes the following findings: (1) There are approximately 26,000,000 child and adolescent visits to the Nation’s emergency departments every year. (2) Approximately 90 percent of children requiring emergency care are seen in general hospitals, not in free standing children’s hospitals, with one-quarter to one-third of the patients being seen in hospitals with no separate pediatric ward. (3) Injury and poisoning combined are the most common reason for pediatric emergency department visits, accounting for nearly thirty percent of such visits, while respiratory disorders such as asthma account for another 26 percent of pediatric emergency department visits. (4) Up to one-quarter of children needing emergency care have special health care needs due to underlying medical conditions such as asthma, diabetes, sickle-cell disease, low birth weight, and Broncho pulmonary dysplasia. (5) The Emergency Medical Services for Children Program under section 1910 of the Public Health Service Act is the only Federal program that focuses specifically on improving the pediatric components of the emergency medical services (EMS) system. (6) The Emergency Medical Services for Children Program has, in the past and present, funded and supported pediatric emergency care improvement initiatives in every State and United States Territory to expand and improve emergency care for children who need treatment for life threatening illnesses and injuries by— (A) completing the only national assessment of pediatric pre-hospital emergency care in the Nation; (B) assessing the access to medical direction for emergency medical services providers treating and transporting pediatric patients, appropriate pediatric equipment and supplies on ambulances to treat children, and availability of inter-facility transfer agreements and guidelines designed to expedite the transfer of pediatric patients to the most appropriate facility; (C) assuring that Basic and Advance Life Support providers receive pediatric education to maintain competencies necessary to treat pediatric patients; and (D) addressing regionalization of care and telemedicine that allow for timely transfers or care delivery to critically ill or injured children in rural or tribal settings where specialty care is not readily available. (7) The Emergency Medical Services for Children Program is celebrating its 30th anniversary, marking three decades of driving key improvements in emergency medical services to children, and should continue its mission to reduce child and youth morbidity and mortality by supporting improvements in the quality of all emergency medical and emergency surgical care children receive. 3. Reauthorization of Emergency Medical Services for Children Program Section 1910(d) of the Public Health Service Act ( 42 U.S.C. 300w–9(d) ) is amended by striking fiscal year 2014 and inserting each of fiscal years 2014 through 2019 .
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113-hr-4291
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I 113th CONGRESS 2d Session H. R. 4291 IN THE HOUSE OF REPRESENTATIVES March 25, 2014 Mr. Rogers of Michigan (for himself, Mr. Miller of Florida , Mr. Conaway , Mr. King of New York , Mr. LoBiondo , Mr. Nunes , Mr. Westmoreland , Mrs. Bachmann , Mr. Pompeo , Mr. Ruppersberger , Mr. Thompson of California , Mr. Langevin , and Ms. Sewell of Alabama ) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the bulk collection of call detail records, and for other purposes.
1. Short title This Act may be cited as the FISA Transparency and Modernization Act . 2. Prohibition on bulk collection of call detail records Section 501(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) is amended— (1) in paragraph (1), by striking other items and inserting other items, but not including call detail records ; and (2) by adding at the end the following new paragraph: (4) In this subsection, the term call detail records means communications routing information, including an original or terminating telephone number, an International Mobile Subscriber Identity, an International Mobile Station Equipment Identity, a trunk identifier, a telephone calling card number, the time or duration of a call, or original or terminating text-message numerical information. . 3. Prohibition on bulk collection of electronic communications records (a) In general Notwithstanding any other provision of law, the Federal Government may not acquire under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) records of any electronic communication without the use of specific identifiers or selection terms. (b) Definition of electronic communications In this section, the term electronic communication has the meaning given such term under section 2510 of title 18, United States Code. 4. Prohibition on bulk collection of certain business records Notwithstanding any other provision of law, the Federal Government may not acquire under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) library circulation records, library patron lists, book sales records, book customer lists, firearm sales records, tax return records, educational records, or medical records containing information that would identify a person without the use of specific identifiers or selection terms. 5. Appointment of amicus curiae Section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ) is amended by adding at the end the following: (i) Amicus curiae (1) Authorization Notwithstanding any other provision of law, a court established under subsection (a) or (b) may, consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time, to appoint amicus curiae to assist the court in the consideration of a covered application. (2) Designation The courts established by subsection (a) and (b) shall each designate 1 or more individuals who have been determined by appropriate executive branch officials to be eligible for access to classified information who may be appointed to serve as amicus curiae. In appointing an amicus curiae pursuant to paragraph (1), the court may choose from among those so designated. (3) Expertise An individual appointed as an amicus curiae under paragraph (1) may be a special counsel or an expert on privacy and civil liberties, intelligence collection, telecommunications, or any other area that may lend legal or technical expertise to the court. (4) Duties An amicus curiae appointed under paragraph (1) to assist with the consideration of a covered application shall carry out the duties assigned by the appointing court. That court may authorize, to the extent consistent with the case or controversy requirements of article III of the Constitution of the United States and the national security of the United States, the amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. (5) Notification A court established under subsection (a) or (b) shall notify the Attorney General of each exercise of the authority to appoint an amicus curiae under paragraph (1). (6) Assistance A court established under subsection (a) or (b) may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection. (7) Administration A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, support, or other administration of an amicus curiae appointed under paragraph (1) in a manner that is not inconsistent with this subsection. (8) Congressional oversight The Attorney General shall submit to the appropriate committees of Congress an annual report on the number of notices described in paragraph (5) received by Attorney General for the preceding 12-month period. Each such report shall include the name of each individual appointed as an amicus curiae during such period. (9) Definitions In this subsection: (A) Appropriate committees of Congress The term appropriate committees of Congress means— (i) the Committee on the Judiciary and the Select Committee on Intelligence of the Senate; and (ii) the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Covered application The term covered application means an application for an order or review made to a court established under subsection (a) or (b)— (i) that, in the opinion of such a court, presents a novel or significant interpretation of the law; and (ii) that is— (I) an application for an order under this title, title III, IV, or V of this Act, or section 703 or 704 of this Act; (II) a review of a certification or procedures under section 503 or 702 of this Act; or (III) a notice of non-compliance with any such order, certification, or procedures. . 6. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court Section 601(c)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871(c) ) is amended to read as follows: (1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion that includes a significant construction or interpretation of any provision of this Act or a denial of a request for an order or a modification of a request for an order, or results in a change of application of any provision of this Act or a new application of any provision of this Act— (A) a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and (B) with respect to such decision, order, or opinion, a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered; and . 7. Declassification of decisions, orders, and opinions (a) Declassification Title VI of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 et seq. ) is amended— (1) in the heading, by striking Reporting Requirement and inserting Oversight ; and (2) by adding at the end the following new section: 602. Declassification of significant decisions, orders, and opinions (a) Declassification required Subject to subsection (b), the Director of National Intelligence shall conduct a declassification review of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of any provision of this Act and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion. (b) Redacted form The Director of National Intelligence may satisfy the requirement under subsection (a) to make a decision, order, or opinions described in such subsection publicly available to the greatest extent practicable by making such decision, order, or opinion publicly available in redacted form. (c) National security waiver The Director of National Intelligence may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a) if the Director— (1) determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and (2) makes publicly available an unclassified summary of such decision, order, or opinion. . (b) Table of contents amendments The table of contents in the first section of such Act is amended— (1) by striking the item relating to title VI and inserting the following new item: TITLE VI—OVERSIGHT ; and (2) by inserting after the item relating to section 601 the following new item: Sec. 602. Declassification of significant decisions, orders, and opinions. . 8. Public reporting on incidental collection of United States person information Section 601 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Public reporting on incidental collection of United States person information The Attorney General shall annually make publicly available a report describing the number of identified instances in which the contents of a communication of a United States person was acquired under this Act when the acquisition authorized by this Act that resulted in the collection of such contents could not reasonably have been anticipated to capture such contents. . 9. Annual reports on violations of law or executive order (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by adding at the end the following: 509. Annual report on violations of law or executive order (a) Annual reports required Not later than April 1 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on violations of law or executive order by personnel of an element of the intelligence community that were identified during the previous calendar year. (b) Elements Each report required subsection (a) shall include a description of any violation of law or executive order (including Executive Order No. 12333 (50 U.S.C. 3001 note)) by personnel of an element of the intelligence community in the course of such employment that, during the previous calendar year, was determined by the director, head, general counsel, or inspector general of any element of the intelligence community to have occurred. . (b) Clerical amendment The table of sections in the first section of the National Security Act of 1947 is amended by adding after the section relating to section 508 the following: Sec. 509. Annual report on violations of law or Executive order. . 10. Periodic review of intelligence community procedures for the acquisition, retention, and dissemination of intelligence (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ), as amended by section 9, is further amended by adding at the end the following: 510. Periodic review of intelligence community procedures for the acquisition, retention, and dissemination of intelligence (a) Head of an element of the intelligence community defined In this section, the term head of an element of the intelligence community means, as appropriate— (1) the head of an element of the intelligence community; or (2) the head of the department or agency containing such element. (b) Review of procedures approved by the Attorney General (1) Requirement for immediate review Each head of an element of the intelligence community that has not obtained the approval of the Attorney General for the procedures, in their entirety, required by section 2.3 of Executive Order 12333 ( 50 U.S.C. 3001 note) within 5 years prior to the date of the enactment of the FISA Transparency and Modernization Act , shall initiate, not later than 180 days after such date of enactment, a review of the procedures for such element, in accordance with paragraph (3). (2) Requirement for review Not less frequently than once every 5 years, each head of an element of the intelligence community shall conduct a review of the procedures approved by the Attorney General for such element that are required by section 2.3 of Executive Order 12333 ( 50 U.S.C. 3001 note), or any successor order, in accordance with paragraph (3). (3) Requirements for reviews In coordination with the Director of National Intelligence and the Attorney General, the head of an element of the intelligence community required to perform a review under paragraph (1) or (2) shall— (A) review existing procedures for such element that are required by section 2.3 of Executive Order 12333 ( 50 U.S.C. 3001 note), or any successor order, to assess whether— (i) advances in communications or other technologies since the time the procedures were most recently approved by the Attorney General have affected the privacy protections that the procedures afford to United States persons, to include the protections afforded to United States persons whose nonpublic communications are incidentally acquired by an element of the intelligence community; or (ii) aspects of the existing procedures impair the acquisition, retention, or dissemination of timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of foreign powers, organization, and persons, and their agents; and (B) propose any modifications to existing procedures for such element in order to— (i) clarify the guidance such procedures afford to officials responsible for the acquisition, retention, and dissemination of intelligence; (ii) eliminate unnecessary impediments to the acquisition, retention, and dissemination of intelligence; or (iii) ensure appropriate protections for the privacy of United States persons and persons located inside the United States. (4) Notice The Director of National Intelligence and the Attorney General shall notify the congressional intelligence committees following the completion of each review required under this section. (5) Requirement to provide procedures Upon the implementation of any modifications to procedures required by section 2.3 of Executive Order 12333 ( 50 U.S.C. 3001 note), or any successor order, the head of the element of the intelligence community to which the modified procedures apply shall promptly provide a copy of the modified procedures to the congressional intelligence committees. . (b) Clerical amendment The table of sections in the first section of the National Security Act of 1947, as amended by section 9, is further amended by adding after the section relating to section 509 the following: Sec. 510. Periodic review of intelligence community procedures for the acquisition, retention, and dissemination of intelligence. . 11. Procedures for targeted acquisitions of terrorist and foreign agent non-content communications records (a) In general Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) is amended by adding at the end the following new section: 503. Procedures for targeted acquisitions of terrorist and foreign agent non-content communications records (a) Authorization Notwithstanding any other provision of law, upon the issuance of an order in accordance with subsection (i)(3) or a determination under subsection (c)(2), the Attorney General and the Director of National Intelligence may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the acquisition from an electronic communication service provider of records created as a result of communications of an individual or facility who, based on reasonable and articulable suspicion, is— (1) a foreign power or the agent of a foreign power; (2) associated with a foreign power or the agent of a foreign power; or (3) in contact with, or known to, a suspected agent of a foreign power. (b) Limitations An acquisition authorized under subsection (a) shall be reasonably designed— (1) not to acquire— (A) the contents associated with any communication; (B) records of wire or electronic communications without the use of specific identifiers or selection terms; (C) information for an investigation of a United States person conducted solely upon the basis of activities protected by the first amendment to the Constitution; or (D) the name, address, social security number, employer or taxpayer identification number, date of birth, or credit card number of any United States person; and (2) to comply with the fourth amendment to the Constitution of the United States. (c) Conduct of acquisition (1) In general An acquisition authorized under subsection (a) shall be conducted only— (A) in accordance with the selection and civil liberties and privacy protection procedures adopted in accordance with subsections (d) and (e); and (B) upon submission of a certification in accordance with subsection (g). (2) Determination A determination under this paragraph and for purposes of subsection (a) is a determination by the Attorney General and the Director of National Intelligence that exigent circumstances exist because, without immediate implementation of an authorization under subsection (a), intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection (i)(3) prior to the implementation of such authorization. (3) Timing of determination The Attorney General and the Director of National Intelligence may make the determination under paragraph (2)— (A) before the submission of a certification in accordance with subsection (g); or (B) by amending a certification pursuant to subsection (i)(1)(C) at any time during which judicial review under subsection (i) of such certification is pending. (d) Selection procedures (1) Requirement to adopt The Attorney General, in consultation with the Director of National Intelligence, shall adopt selection procedures that are reasonably designed to ensure that any acquisition authorized under subsection (a) complies with the requirements and limitations relating to such acquisitions under subsections (a) and (b); (2) Judicial review The procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (i). (e) Civil liberties and privacy protection procedures (1) Requirement to adopt The Attorney General, in consultation with the Director of National Intelligence, shall adopt civil liberties and privacy protection procedures that are reasonably designed to— (A) minimize the impact of any acquisition authorized by (a) on the privacy and civil liberties of United States persons; and (B) reasonably limit the receipt, retention, use, and disclosure of communications records associated with a specific person when such records are not necessary to understand foreign intelligence information or assess the importance of such information. (2) Judicial review The civil liberties and privacy protection procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (i). (f) Guidelines for compliance with limitations (1) Requirement to adopt The Attorney General, in consultation with the Director of National Intelligence, shall adopt guidelines to ensure— (A) compliance with the requirements and limitations under subsections (a) and (b); and (B) that an application for a court order is filed as required by this title. (2) Submission of guidelines The Attorney General shall provide the guidelines adopted in accordance with paragraph (1)— (A) the congressional intelligence committees; (B) the Committees on the Judiciary of the Senate and the House of Representatives; and (C) the Foreign Intelligence Surveillance Court. (g) Certification (1) In general (A) Requirement to submit certification Subject to subparagraph (B), prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall provide to the Foreign Intelligence Surveillance Court a written certification and any supporting affidavit, under oath and under seal, in accordance with this subsection. (B) Exception If the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2) and time does not permit the submission of a certification under this subsection prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall submit to the Court a certification for such authorization as soon as practicable but in no event later than 7 days after such determination is made. (2) Certification requirements A certification made under this subsection shall— (A) attest that— (i) procedures have been approved, have been submitted for approval, or will be submitted with the certification for approval by the Foreign Intelligence Surveillance Court that are reasonably designed to ensure compliance with the requirements and limitations under subsections (a) and (b); (ii) the civil liberties and privacy protection procedures to be used with respect to such acquisition— (I) meet the requirements of civil liberties and privacy protection procedures adopted under subsection (e); and (II) have been approved, have been submitted for approval, or will be submitted with the certification for approval by the Foreign Intelligence Surveillance Court; (iii) guidelines have been adopted in accordance with subsection (f) to ensure compliance with the limitations in subsection (b) and to ensure that an application for a court order is filed as required by this chapter; (iv) the procedures and guidelines referred to in clauses (i), (ii), and (iii) are consistent with the requirements of the fourth amendment to the Constitution of the United States; (v) a significant purpose of the acquisition is to obtain foreign intelligence information; (vi) the acquisition involves obtaining foreign intelligence information from or with the assistance of an electronic communications service provider; and (vii) the acquisition complies with the limitations in subsection (b); (B) include the procedures adopted in accordance with subsections (d) and (e); (C) be supported, as appropriate, by the affidavit of any appropriate official in the area of national security who is— (i) appointed by the President, by and with the advice and consent of the Senate; or (ii) the head of an element of the intelligence community; (D) include— (i) an effective date for the authorization that is at least 30 days after the submission of the written certification to the court; or (ii) if the acquisition has begun or the effective date is less than 30 days after the submission of the written certification to the court, the date the acquisition began or the effective date for the acquisition; and (E) if the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2), include a statement that such determination has been made. (3) Change in effective date The Attorney General and the Director of National Intelligence may advance or delay the effective date referred to in paragraph (2)(D) by submitting an amended certification in accordance with subsection (i)(1)(C) to the Foreign Intelligence Surveillance Court for review pursuant to subsection (i). (4) Maintenance of certification The Attorney General or a designee of the Attorney General shall maintain a copy of a certification made under this subsection. (5) Judicial review A certification submitted in accordance with this subsection shall be subject to judicial review pursuant to subsection (i). (h) Directives (1) Authority With respect to an acquisition authorized under subsection (a), the Attorney General and the Director of National Intelligence may direct, in writing, an electronic communications service provider to— (A) immediately provide the Government with records, whether existing or created in the future, in the format specified by the Government and in a manner that will protect the secrecy of the acquisition; and (B) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the aid furnished that such electronic communication service provider retains. (2) Compensation and assistance The Government shall compensate, at the prevailing rate, an electronic communications service provider for providing records in accordance with directives issued pursuant to paragraph (1). The Government may provide any information, facilities, or assistance necessary to aid an electronic communications service provider in complying with a directive issued pursuant to paragraph (1). (3) Record requirement For any directive issued under paragraph (1), the Attorney General shall retain a record of the information indicating that, at the time the directive was issued, the directive complied with the selection procedures established by subsection (d). (4) Judicial review (A) Requirement to provide directives and supporting records The Attorney General shall promptly provide to the court established by section 103(a) a copy of each directive issued under paragraph (1) and a copy of each record prepared under paragraph (3). (B) Remedy for improper directives The court shall promptly consider each directive and record provided under subparagraph (A), and if the court finds that a record prepared under paragraph (3) does not meet the requirements of the selection procedures established by subsection (d), the court may order that the production of records under the applicable directive be terminated or modified, that the information produced in response to the directive be destroyed, or another appropriate remedy. (5) Challenging of directives (A) Authority to challenge An electronic communications service provider receiving a directive issued pursuant to paragraph (1) may file a petition to modify or set aside such directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition. (B) Assignment The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 103(e)(1) not later than 24 hours after the filing of such petition. (C) Standards for review A judge considering a petition filed under subparagraph (A) may grant such petition only if the judge finds that the directive does not meet the requirements of this section or is otherwise unlawful. (D) Procedures for initial review A judge shall conduct an initial review of a petition filed under subparagraph (A) not later than 5 days after being assigned such petition. If the judge determines that such petition consists of claims, defenses, or other legal contentions that are not warranted by existing law or consists of a frivolous argument for extending, modifying, or reversing existing law or for establishing new law, the judge shall immediately deny such petition and affirm the directive or any part of the directive that is the subject of such petition and order the recipient to comply with the directive or any part of it. Upon making a determination under this subparagraph or promptly thereafter, the judge shall provide a written statement for the record of the reasons for such determination. (E) Procedures for plenary review If a judge determines that a petition filed under subparagraph (A) requires plenary review, the judge shall affirm, modify, or set aside the directive that is the subject of such petition not later than 30 days after being assigned such petition. If the judge does not set aside the directive, the judge shall immediately affirm or affirm with modifications the directive, and order the recipient to comply with the directive in its entirety or as modified. The judge shall provide a written statement for the record of the reasons for a determination under this subparagraph. (F) Continued effect Any directive not explicitly modified or set aside under this paragraph shall remain in full effect. (G) Contempt of court Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court. (6) Enforcement of directives (A) Order to compel If an electronic communications service provider fails to comply with a directive issued pursuant to paragraph (1), the Attorney General may file a petition for an order to compel the service to comply with the directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition. (B) Assignment The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 103(e)(1) not later than 24 hours after the filing of such petition. (C) Procedures for review A judge considering a petition filed under subparagraph (A) shall, not later than 30 days after being assigned such petition, issue an order requiring the electronic communications service provider to comply with the directive or any part of it, as issued or as modified, if the judge finds that the directive meets the requirements of this section and is otherwise lawful. The judge shall provide a written statement for the record of the reasons for a determination under this paragraph. (D) Contempt of court Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court. (E) Process Any process under this paragraph may be served in any judicial district in which the electronic communications service provider may be found. (7) Appeal (A) Appeal to the Court of Review The Government or an electronic communications service provider receiving a directive issued pursuant to paragraph (1) may file a petition with the Foreign Intelligence Surveillance Court of Review for review of a decision issued pursuant to paragraph (4) or (5). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this subparagraph. (B) Certiorari to the Supreme Court The Government or an electronic communications service provider receiving a directive issued pursuant to paragraph (1) may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. (8) Rule of construction Nothing in this subsection shall be construed to prevent a directive issued under paragraph (1) from requiring an electronic communications service provider to produce additional records, whether existing or created in the future, based on records produced by a previous directive issued under paragraph (1). (i) Judicial review of certifications and procedures (1) In general (A) Review by the Foreign Intelligence Surveillance Court The Foreign Intelligence Surveillance Court shall have jurisdiction to review a certification submitted in accordance with subsection (g) and the selection and civil liberties and privacy protection procedures adopted in accordance with subsections (d) and (e), and amendments to such certification or such procedures. (B) Time period for review The Court shall review a certification submitted in accordance with subsection (g) and the selection and civil liberties and privacy protection procedures adopted in accordance with subsections (d) and (e) and shall complete such review and issue an order under paragraph (3) not later than 30 days after the date on which such certification and such procedures are submitted. (C) Amendments The Attorney General and the Director of National Intelligence may amend a certification submitted in accordance with subsection (g) or the selection and civil liberties and privacy protection procedures adopted in accordance with subsections (d) and (e) as necessary at any time, including if the Court is conducting or has completed review of such certification or such procedures, and shall submit the amended certification or amended procedures to the Court not later than 7 days after amending such certification or such procedures. The Court shall review any amendment under this subparagraph under the procedures set forth in this subsection. The Attorney General and the Director of National Intelligence may authorize the use of an amended certification or amended procedures pending the Court's review of such amended certification or amended procedures. (2) Review The Court shall review the following: (A) Certification A certification submitted in accordance with subsection (g) to determine whether the certification contains all the required elements. (B) Selection procedures The selection procedures adopted in accordance with subsection (d) to assess whether the procedures are reasonably designed to meet the requirements of subsection (d). (C) Civil liberties and privacy protection procedures The civil liberties and privacy protection procedures adopted in accordance with subsection (e) to assess whether such procedures meet the requirements of subsection (e). (3) Orders (A) Approval If the Court finds that a certification submitted in accordance with subsection (g) contains all the required elements and that the selection and civil liberties and privacy protection procedures adopted in accordance with subsections (d) and (e) are consistent with the requirements of those subsections and with the fourth amendment to the Constitution of the United States, the Court shall enter an order approving the certification and the use, or continued use in the case of an acquisition authorized pursuant to a determination under subsection (c)(2), of the procedures for the acquisition. (B) Correction of deficiencies If the Court finds that a certification submitted in accordance with subsection (g) does not contain all the required elements, or that the procedures adopted in accordance with subsections (d) and (e) are not consistent with the requirements of those subsections or the fourth amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government's election and to the extent required by the Court's order— (i) correct any deficiency identified by the Court's order not later than 30 days after the date on which the Court issues the order; or (ii) cease, or not begin, the implementation of the authorization for which such certification was submitted. (C) Requirement for written statement In support of an order under this subsection, the Court shall provide, simultaneously with the order, for the record a written statement of the reasons for the order. (4) Appeal (A) Appeal to the Court of Review The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order under this subsection. The Court of Review shall have jurisdiction to consider such petition. For any decision under this subparagraph affirming, reversing, or modifying an order of the Foreign Intelligence Surveillance Court, the Court of Review shall provide for the record a written statement of the reasons for the decision. (B) Continuation of acquisition pending rehearing or appeal Any acquisition affected by an order under paragraph (3)(B) may continue— (i) during the pendency of any rehearing of the order by the Court en banc; and (ii) if the Government files a petition for review of an order under this section, until the Court of Review enters an order under subparagraph (C). (C) Implementation pending appeal Not later than 60 days after the filing of a petition for review of an order under paragraph (3)(B) directing the correction of a deficiency, the Court of Review shall determine, and enter a corresponding order regarding, whether all or any part of the correction order, as issued or modified, shall be implemented during the pendency of the review. (D) Certiorari to the Supreme Court The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. (5) Schedule (A) Reauthorization of authorizations in effect If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a), the Attorney General and the Director of National Intelligence shall, to the extent practicable, submit to the Court the certification prepared in accordance with subsection (g) and the procedures adopted in accordance with subsections (d) and (e) at least 30 days prior to the expiration of such authorization. (B) Reauthorization of orders, authorizations, and directives If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a) by filing a certification pursuant to subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a), until the Court issues an order with respect to such certification under paragraph (3) at which time the provisions of that paragraph and paragraph (4) shall apply with respect to such certification. (j) Judicial proceedings (1) Expedited judicial proceedings Judicial proceedings under this section shall be conducted as expeditiously as possible. (2) Time limits A time limit for a judicial decision in this section shall apply unless the Court, the Court of Review, or any judge of either the Court or the Court of Review, by order for reasons stated, extends that time as necessary for good cause in a manner consistent with national security. (k) Maintenance and security of records and proceedings (1) Standards The Foreign Intelligence Surveillance Court shall maintain a record of a proceeding under this section, including petitions, appeals, orders, and statements of reasons for a decision, under security measures adopted by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National Intelligence. (2) Filing and review All petitions under this section shall be filed under seal. In any proceedings under this section, the Court shall, upon request of the Government, review ex parte and in camera any Government submission, or portions of a submission, which may include classified information. (3) Retention of records The Attorney General and the Director of National Intelligence shall retain a directive or an order issued under this section for a period of not less than 10 years from the date on which such directive or such order is issued. (l) Assessments and reviews (1) Semiannual assessment Not less frequently than once every 6 months, the Attorney General and Director of National Intelligence shall assess compliance with the selection and civil liberties and privacy protection procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f). The assessment shall also include the aggregate number of directives issued under subsection (h) during the relevant time period. The Attorney General and Director of National Intelligence shall submit each assessment to— (A) the Foreign Intelligence Surveillance Court; and (B) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution— (i) the congressional intelligence committees; and (ii) the Committees on the Judiciary of the House of Representatives and the Senate. (2) Agency assessment The Inspector General of the Department of Justice and the Inspector General of each element of the intelligence community authorized to acquire communications records under subsection (a), with respect to the department or element of such Inspector General— (A) are authorized to review compliance with the selection and civil liberties and privacy protection procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f); (B) shall provide each such review to— (i) the Attorney General; (ii) the Director of National Intelligence; and (iii) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution— (I) the congressional intelligence committees; and (II) the Committees on the Judiciary of the House of Representatives and the Senate. (m) Definitions In this section: (1) The terms contents , wire communication , and electronic communication have the meaning given such terms in section 2510 of title 18, United States Code. (2) The term electronic communication service provider has the meaning given such term in section 701. (3) The terms foreign power and agent of a foreign power have the meanings given such terms in section 101. . (b) Clerical amendment The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 note) is amended by inserting after the item relating to section 502 the following new item: Sec. 503. Procedures for targeted acquisitions of terrorist and foreign agent non-content communications records. . (c) Conforming amendment Section 802(a)(3) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1885a ) is amended by striking or 702(h) and inserting 503(h), or 702(h) . 12. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information Section 102A(j) of the National Security Act of 1947 ( 50 U.S.C. 3024(j) ) is amended— (1) in the heading, by striking Sensitive Compartmented Information and inserting Classified Information ; (2) in paragraph (3), by striking ; and and inserting a semicolon; (3) in paragraph (4), by striking the period and inserting a semicolon; and (4) by adding at the end the following new paragraphs: (5) ensure that the background of each employee or officer of an element of the intelligence community, each contractor to an element of the intelligence community, and each individual employee of such a contractor who has been determined to be eligible for access to classified information is monitored on a continual basis under standards developed by the Director, including with respect to the frequency of evaluation, during the period of eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee to such a contractor to determine whether such employee or officer of an element of the intelligence community, such contractor, and such individual employee of such a contractor continues to meet the requirements for eligibility for access to classified information; and (6) develop procedures to require information sharing between elements of the intelligence community concerning potentially derogatory security information regarding an employee or officer of an element of the intelligence community, a contractor to an element of the intelligence community, or an individual employee of such a contractor that may impact the eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee of such a contractor for a security clearance. . 13. Requirements for intelligence community contractors (a) Requirements Section 102A of the National Security Act of 1947 ( 50 U.S.C. 3024 ) is amended by adding at the end the following new subsection: (x) Requirements for intelligence community contractors The Director of National Intelligence, in consultation with the head of each department of the Federal Government that contains an element of the intelligence community and the Director of the Central Intelligence Agency, shall— (1) ensure that— (A) any contractor to an element of the intelligence community with access to a classified network or classified information develops and operates a security plan that is consistent with standards established by the Director of National Intelligence for intelligence community networks; and (B) each contract awarded by an element of the intelligence community includes provisions requiring the contractor comply with such plan and such standards; (2) conduct periodic assessments of each security plan required under paragraph (1)(A) to ensure such security plan complies with the requirements of such paragraph; and (3) ensure that the insider threat detection capabilities and insider threat policies of the intelligence community apply to facilities of contractors with access to a classified network. . (b) Applicability The amendment made by subsection (a) shall apply with respect to contracts entered into or renewed after the date of the enactment of this Act.
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113-hr-4292
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I 113th CONGRESS 2d Session H. R. 4292 IN THE HOUSE OF REPRESENTATIVES March 25, 2014 Mr. Chabot (for himself, Mr. Conyers , Mr. Goodlatte , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 97 of title 28, United States Code, to clarify the exception to foreign sovereign immunity set forth in section 1605(a)(3) of such title.
1. Short title This Act may be cited as the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act . 2. Clarification of jurisdictional immunity of foreign states (a) In general Section 1605 of title 28, United States Code, is amended by adding at the end the following: (h) Jurisdictional immunity for certain art exhibition activities (1) In general If— (A) a work is imported into the United States from any foreign country pursuant to an agreement that provides for the temporary exhibition or display of such work entered into between a foreign state that is the owner or custodian of such work and the United States or one or more cultural or educational institutions within the United States, (B) the President, or the President’s designee, has determined, in accordance with subsection (a) of Public Law 89–259 ( 22 U.S.C. 2459(a) ), that such work is of cultural significance and the temporary exhibition or display of such work is in the national interest, and (C) the notice thereof has been published in accordance with subsection (a) of Public Law 89–259 (22 U.S.C. 2459(a)), any activity in the United States of such foreign state, or of any carrier, that is associated with the temporary exhibition or display of such work shall not be considered to be commercial activity by such foreign state for purposes of subsection (a)(3). (2) Nazi-era claims Paragraph (1) shall not apply in any case asserting jurisdiction under subsection (a)(3) in which rights in property taken in violation of international law are in issue within the meaning of that subsection and— (A) the property at issue is the work described in paragraph (1); (B) the action is based upon a claim that such work was taken in connection with the acts of a covered government during the covered period; (C) the court determines that the activity associated with the exhibition or display is commercial activity, as that term is defined in section 1603(d); and (D) a determination under subparagraph (C) is necessary for the court to exercise jurisdiction over the foreign state under subsection (a)(3). (3) Definitions For purposes of this subsection— (A) the term work means a work of art or other object of cultural significance; (B) the term covered government means— (i) the Government of Germany during the covered period; (ii) any government in any area in Europe that was occupied by the military forces of the Government of Germany during the covered period; (iii) any government in Europe that was established with the assistance or cooperation of the Government of Germany during the covered period; and (iv) any government in Europe that was an ally of the Government of Germany during the covered period; and (C) the term covered period means the period beginning on January 30, 1933, and ending on May 8, 1945. . (b) Effective date The amendment made by this section shall apply to any civil action commenced on or after the date of the enactment of this Act.
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113-hr-4293
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I 113th CONGRESS 2d Session H. R. 4293 IN THE HOUSE OF REPRESENTATIVES March 25, 2014 Mr. Cramer (for himself and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the approval of natural gas pipelines and establish deadlines and expedite permits for certain natural gas gathering lines on Federal land and Indian land.
1. Short title This Act may be cited as the Natural Gas Gathering Enhancement Act . 2. Findings Congress finds that— (1) record volumes of natural gas production in the United States as of the date of enactment of this Act are providing enormous benefits to the United States, including by— (A) reducing the need for imports of natural gas, thereby directly reducing the trade deficit; (B) strengthening trade ties among the United States, Canada, and Mexico; (C) providing the opportunity for the United States to join the emerging global gas trade through the export of liquefied natural gas; (D) creating and supporting millions of new jobs across the United States; (E) adding billions of dollars to the gross domestic product of the United States every year; (F) generating additional Federal, State, and local government tax revenues; and (G) revitalizing the manufacturing sector by providing abundant and affordable feedstock; (2) large quantities of natural gas are lost due to venting and flaring, primarily in areas where natural gas infrastructure has not been developed quickly enough, such as States with large quantities of Federal land and Indian land; (3) permitting processes can hinder the development of natural gas infrastructure, such as pipeline lines and gathering lines on Federal land and Indian land; and (4) additional authority for the Secretary of the Interior to approve natural gas pipelines and gathering lines on Federal land and Indian land would— (A) assist in bringing gas to market that would otherwise be vented or flared; and (B) significantly increase royalties collected by the Secretary of the Interior and disbursed to Federal, State, and tribal governments and individual Indians. 3. Authority to approve natural gas pipelines Section 1 of the Act of February 15, 1901 (31 Stat. 790, chapter 372; 16 U.S.C. 79 ), is amended by inserting , for natural gas pipelines after distribution of electrical power . 4. Certain natural gas gathering lines located on Federal land and Indian land (a) In general Subtitle B of title III of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 685) is amended by adding at the end the following: 319. Certain natural gas gathering lines located on Federal land and Indian land (a) Definitions In this section: (1) Gas gathering line and associated field compression unit (A) In general The term gas gathering line and associated field compression unit means— (i) a pipeline that is installed to transport natural gas production associated with 1 or more wells drilled and completed to produce crude oil; and (ii) if necessary, a compressor to raise the pressure of that transported natural gas to higher pressures suitable to enable the gas to flow into pipelines and other facilities. (B) Exclusions The term gas gathering line and associated field compression unit does not include a pipeline or compression unit that is installed to transport natural gas from a processing plant to a common carrier pipeline or facility. (2) Federal land (A) In general The term Federal land means land the title to which is held by the United States. (B) Exclusions The term Federal land does not include— (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; or (iii) a component of the National Wilderness Preservation System. (3) Indian land The term Indian land means land the title to which is held by— (A) the United States in trust for an Indian tribe or an individual Indian; or (B) an Indian tribe or an individual Indian subject to a restriction by the United States against alienation. (b) Certain natural gas gathering lines (1) In general Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gas gathering line and associated field compression unit that is located on Federal land or Indian land and that services any oil well shall be considered to be an action that is categorically excluded (as defined in section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) if the gas gathering line and associated field compression unit are— (A) within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of natural gas produced from 1 or more oil wells in that field or unit as a reasonably foreseeable activity; and (B) located adjacent to an existing disturbed area for the construction of a road or pad. (2) Applicability (A) Federal land Paragraph (1) shall not apply to Federal land, or a portion of Federal land, for which the Governor of the State in which the Federal land is located submits to the Secretary of the Interior or the Secretary of Agriculture, as applicable, a written request that paragraph (1) not apply to that Federal land (or portion of Federal land). (B) Indian land Paragraph (1) shall apply to Indian land, or a portion of Indian land, for which the Indian tribe with jurisdiction over the Indian land submits to the Secretary of the Interior a written request that paragraph (1) apply to that Indian land (or portion of Indian land). (c) Effect on other law Nothing in this section affects or alters any requirement— (1) relating to prior consent under— (A) section 2 of the Act of February 5, 1948 ( 25 U.S.C. 324 ); or (B) section 16(e) of the Act of June 18, 1934 ( 25 U.S.C. 476(e) ) (commonly known as the Indian Reorganization Act ); or (2) under any other Federal law (including regulations) relating to tribal consent for rights-of-way across Indian land. . (b) Assessments Title XVIII of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 1122) is amended by adding at the end the following: 1841. Natural gas gathering system assessments (a) Definition of gas gathering line and associated field compression unit In this section, the term gas gathering line and associated field compression unit has the meaning given the term in section 319. (b) Study Not later than 1 year after the date of enactment of the Natural Gas Gathering Enhancement Act , the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall conduct a study to identify— (1) any actions that may be taken, under Federal law (including regulations), to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and (2) any proposed changes to Federal law (including regulations) to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets. (c) Report Not later than 180 days after the date of enactment of the Natural Gas Gathering Enhancement Act , and every 180 days thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall submit to Congress a report that describes— (1) the progress made in expediting permits for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and (2) any issues impeding that progress. . (c) Technical amendments (1) Section 1(b) of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 594) is amended by adding at the end of subtitle B of title III the following: Sec. 319. Natural gas gathering lines located on Federal land and Indian land. . (2) Section (1)(b) of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 594) is amended by adding at the end of title XXVIII the following: Sec. 1841. Natural gas gathering system assessments. . 5. Deadlines for permitting natural gas gathering lines under the Mineral Leasing Act Section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) is amended by adding at the end the following: (z) Natural gas gathering lines The Secretary of the Interior or other appropriate agency head shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on Federal lands— (1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and (2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance. . 6. Deadlines for permitting natural gas gathering lines under the Federal Land Policy and Management Act of 1976 Section 504 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1764 ) is amended by adding at the end the following: (k) Natural gas gathering lines The Secretary concerned shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on public lands— (1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and (2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance. .
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113-hr-4294
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I 113th CONGRESS 2d Session H. R. 4294 IN THE HOUSE OF REPRESENTATIVES March 25, 2014 Mr. Crowley introduced the following bill; which was referred to the Committee on Ways and Means , 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 amend part A of title IV of the Social Security Act to exclude child care from the determination of the 5-year limit on assistance under the temporary assistance for needy families program, and for other purposes.
1. Short title This Act may be cited as the Children First Act of 2014 . 2. Exclusion of child care from the definition of TANF assistance Section 408(a)(7) of the Social Security Act ( 42 U.S.C. 608(a)(7) ) is amended by adding at the end the following: (H) Limitation on meaning of assistance for families receiving child care For purposes of subparagraph (A), any funds provided under this part that are used to provide child care for a family during a month under the State program funded under this part shall not be considered assistance under the program. . 3. Increase in funding for child care Section 418(a)(3) of the Social Security Act ( 42 U.S.C. 618(a)(3) ) is amended to read as follows: (3) Appropriation For grants under this section, there are appropriated— (A) $3,667,000,000 for fiscal year 2015; (B) $3,917,000,000 for fiscal year 2016; (C) $4,017,000,000 for fiscal year 2017; (D) $4,317,000,000 for fiscal year 2018; (E) $4,817,000,000 for fiscal year 2019; (F) $5,017,000,000 for fiscal year 2020; (G) $5,217,000,000 for fiscal year 2021; (H) $5,417,000,000 for fiscal year 2022; (I) $5,667,000,000 for fiscal year 2023; and (J) $5,917,000,000 for fiscal year 2024. . 4. Applicability of State or local health and safety standards to other TANF child care spending Section 402(a) of the Social Security Act ( 42 U.S.C. 602(a) ) is amended by adding at the end the following: (8) Certification of procedures to ensure that child care providers comply with applicable State or local health and safety standards A certification by the chief executive officer of the State that procedures are in effect to ensure that any child care provider in the State that provides services funded through expenditures under this part or with qualified State expenditures complies with all applicable State or local health and safety requirements as described in section 658E(c)(2)(F) of the Child Care and Development Block Grant Act of 1990. . 5. Availability of child care for parents required to work Section 407(e)(2) of the Social Security Act ( 42 U.S.C. 607(e)(2) ) is amended— (1) by inserting or other individual with custody after parent ; and (2) by striking 6 and inserting 13 . 6. Application of Child Care and Development Block Grant Act of 1990 reporting rules to TANF funds expended for child care (a) In general Section 411(a) of the Social Security Act ( 42 U.S.C. 611(a) ) is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: (7) Application of child care and development block grant Act of 1990 reporting rules to funds expended for child care Any funds provided under this part that are expended for child care, whether or not transferred to the Child Care and Development Block Grant Act of 1990, shall be subject to the individual and case data reporting requirements imposed under that Act and need not be included in the report required by paragraph (1) for a fiscal quarter. . (b) Conforming amendment Section 411(a)(1)(A)(ix) of such Act ( 42 U.S.C. 611(a)(1)(A)(ix) ) is amended by striking supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2, and inserting or supplemental nutrition assistance program benefits, and if the latter, . 7. Effective date (a) In general Subject to subsections (b) and (c), the amendments made by this Act shall take effect on October 1, 2014, and shall apply to payments under part A of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Application of reporting rules The amendments made by section 6 shall take effect on October 1, 2015. (c) Delay permitted if State legislation required In the case of a State plan under section 402(a) 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 Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st 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.
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113-hr-4295
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I 113th CONGRESS 2d Session H. R. 4295 IN THE HOUSE OF REPRESENTATIVES March 25, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Aviation Administration to collect and maintain data on the number of sexual assaults that occur on aircraft during flights in passenger air transportation, and for other purposes.
1. Short title This Act may be cited as the Protecting Airline Passengers from Sexual Assaults Act of 2014 . 2. Sexual assault data (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a program to collect and maintain data on the number of sexual assaults that occur on aircraft during flights in passenger air transportation. (b) Data availability The Administrator shall make available to the public on the primary Internet Web site of the Federal Aviation Administration the data maintained under subsection (a). (c) Definitions In this section, the following definitions apply: (1) Air transportation The term air transportation has the meaning given that term in section 40102(a)(5) of title 49, United States Code, and includes intrastate air transportation. (2) Aircraft The term aircraft has the meaning given that term in section 40102(a)(6) of title 49, United States Code. (3) Intrastate air transportation The term intrastate air transportation has the meaning given that term in section 40102(a)(27) of title 49, United States Code.
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113-hr-4296
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I 113th CONGRESS 2d Session H. R. 4296 IN THE HOUSE OF REPRESENTATIVES March 25, 2014 Mr. Sablan introduced the following bill; which was referred to the Committee on Natural Resources , 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 Public Law 94–241 with respect to the Northern Mariana Islands.
1. Amendments Public Law 94–241 (90 Stat. 263; 122 Stat. 854) is amended— (1) in subsection (a)(2), by striking December 31, 2014, except as provided in subsections (b) and (d) and inserting December 31, 2019 ; and (2) in subsection (d)— (A) in the third sentence of paragraph (2), by striking not to extend beyond December 31, 2014, unless extended pursuant to paragraph 5 of this subsection and inserting ending on December 31, 2019 ; (B) by striking paragraph (5); and (C) by redesignating paragraph (6) as paragraph (5).
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113-hr-4297
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I 113th CONGRESS 2d Session H. R. 4297 IN THE HOUSE OF REPRESENTATIVES March 25, 2014 Mr. Williams introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize a land exchange involving Fort Hood, Texas, and the City of Copperas Cove, Texas, to support the city’s efforts to improve arterial transportation routes in the vicinity of Fort Hood and to promote economic development.
1. Land exchange, Fort Hood, Texas (a) Exchange authorized The Secretary of the Army may convey to the City of Copperas Cove, Texas (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 300 acres at Fort Hood, Texas, for the purpose of permitting the City to improve arterial transportation routes in the vicinity of Fort Hood and to promote economic development in the area of the City and Fort Hood. (b) Consideration As consideration for the conveyance under subsection (a), the City shall convey to the Secretary of the Army all right, title, and interest of the City in and to one or more parcels of real property that are acceptable to the Secretary. The fair market value of the real property acquired by the Secretary under this subsection shall be at least equal to the fair market value of the real property conveyed under subsection (a), as determined by appraisals acceptable to the Secretary. (c) Description of property The exact acreage and legal description of the real property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary of the Army. (d) Payment of costs of conveyances (1) Payment required The Secretary of the Army shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyances under this section, including survey costs related to the conveyances. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyances, the Secretary shall refund the excess amount to the City. (2) Treatment of amounts received Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyances under this section shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyances. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Additional term and conditions The Secretary of the Army may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
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113-hr-4298
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I 113th CONGRESS 2d Session H. R. 4298 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Waxman introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Power Act to protect the bulk-power system and electric infrastructure critical to the defense of the United States against cybersecurity, physical, and other threats and vulnerabilities.
1. Short title This Act may be cited as the Grid Reliability and Infrastructure Defense Act or the GRID Act . 2. Amendment to the Federal Power Act (a) Critical electric infrastructure security Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding after section 215 the following new section: 215A. Critical electric infrastructure security (a) Definitions For purposes of this section: (1) Bulk-power system; electric reliability organization; regional entity The terms bulk-power system , Electric Reliability Organization , and regional entity have the meanings given such terms in paragraphs (1), (2), and (7) of section 215(a), respectively. (2) Defense critical electric infrastructure The term defense critical electric infrastructure means any infrastructure located in the United States (including the territories) used for the generation, transmission, or distribution of electric energy that— (A) is not part of the bulk-power system; and (B) serves a facility designated by the President pursuant to subsection (d)(1), but is not owned or operated by the owner or operator of such facility. (3) Defense critical electric infrastructure vulnerability The term defense critical electric infrastructure vulnerability means a weakness in defense critical electric infrastructure that, in the event of— (A) a malicious act using electronic communication or an electromagnetic pulse, would pose a substantial risk of disruption of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of defense critical electric infrastructure; or (B) a direct physical attack on defense critical electric infrastructure, would pose a substantial risk of significant adverse effects on the reliability of defense critical electric infrastructure. (4) Electromagnetic pulse The term electromagnetic pulse means 1 or more pulses of electromagnetic energy, emitted by any device or weapon capable of generating such a pulse, that would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of systems necessary for the generation, transmission, and distribution of electric energy. (5) Geomagnetic storm The term geomagnetic storm means a temporary disturbance of the Earth’s magnetic field resulting from solar activity. (6) Grid security threat The term grid security threat means a substantial likelihood of— (A) (i) a malicious act using electronic communication or an electromagnetic pulse, or a geomagnetic storm event, that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system or of defense critical electric infrastructure; and (ii) disruption of the operation of such devices or networks, with significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure, as a result of such act or event; or (B) (i) a direct physical attack on the bulk-power system or on defense critical electric infrastructure; and (ii) significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure as a result of such physical attack. (7) Grid security vulnerability The term grid security vulnerability means a weakness in the bulk-power system that, in the event of— (A) a malicious act using electronic communication or an electromagnetic pulse, would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system; or (B) a direct physical attack on the bulk-power system, would pose a substantial risk of significant adverse effects on the reliability of the bulk-power system. (8) Large transformer The term large transformer means an electric transformer that is part of the bulk-power system. (9) Protected information The term protected information means information, other than classified national security information, designated as protected information by the Commission under subsection (e)(2)— (A) that was developed or submitted in connection with the implementation of this section; (B) that specifically discusses grid security threats, grid security vulnerabilities, defense critical electric infrastructure vulnerabilities, or plans, procedures, or measures to address such threats or vulnerabilities; and (C) the unauthorized disclosure of which could be used in a malicious manner to impair the reliability of the bulk-power system or of defense critical electric infrastructure. (10) Secretary The term Secretary means the Secretary of Energy. (11) Security The definition of security in section 3(16) shall not apply to the provisions in this section. (b) Emergency response measures (1) Authority to address grid security threats Whenever the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination identifying an imminent grid security threat, the Commission may, with or without notice, hearing, or report, issue such orders for emergency measures as are necessary in its judgment to protect the reliability of the bulk-power system or of defense critical electric infrastructure against such threat. As soon as practicable but not later than 180 days after the date of enactment of this section, the Commission shall, after notice and opportunity for comment, establish rules of procedure that ensure that such authority can be exercised expeditiously. (2) Notification of congress Whenever the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination under paragraph (1), the President (or the Secretary, as the case may be) shall promptly notify congressional committees of relevant jurisdiction, including the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, of the contents of, and justification for, such directive or determination. (3) Consultation Before issuing an order for emergency measures under paragraph (1), the Commission shall, to the extent practicable in light of the nature of the grid security threat and the urgency of the need for such emergency measures, consult with appropriate governmental authorities in Canada and Mexico, entities described in paragraph (4), the Secretary, and other appropriate Federal agencies regarding implementation of such emergency measures. (4) Application An order for emergency measures under this subsection may apply to— (A) the Electric Reliability Organization; (B) a regional entity; or (C) any owner, user, or operator of the bulk-power system or of defense critical electric infrastructure within the United States. (5) Discontinuance The Commission shall issue an order discontinuing any emergency measures ordered under this subsection, effective not later than 30 days after the earliest of the following: (A) The date upon which the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination that the grid security threat identified under paragraph (1) no longer exists. (B) The date upon which the Commission issues a written determination that the emergency measures are no longer needed to address the grid security threat identified under paragraph (1), including by means of Commission approval of a reliability standard under section 215 that the Commission determines adequately addresses such threat. (C) The date that is 1 year after the issuance of an order under paragraph (1). (6) Cost recovery If the Commission determines that owners, operators, or users of the bulk-power system or of defense critical electric infrastructure have incurred substantial costs to comply with an order under this subsection and that such costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by such owners, operators, or users, the Commission shall, after notice and an opportunity for comment, establish a mechanism that permits such owners, operators, or users to recover such costs. (c) Measures To address grid security vulnerabilities (1) Commission authority If the Commission, in consultation with appropriate Federal agencies, identifies a grid security vulnerability that the Commission determines has not adequately been addressed through a reliability standard developed and approved under section 215, the Commission shall, after notice and opportunity for comment and after consultation with the Secretary, other appropriate Federal agencies, and appropriate governmental authorities in Canada and Mexico, promulgate a rule or issue an order requiring implementation, by any owner, operator, or user of the bulk-power system in the United States, of measures to protect the bulk-power system against such vulnerability. Before promulgating a rule or issuing an order under this paragraph, the Commission shall, to the extent practicable in light of the urgency of the need for action to address the grid security vulnerability, request and consider recommendations from the Electric Reliability Organization regarding such rule or order. The Commission may establish an appropriate deadline for the submission of such recommendations. (2) Certain existing cybersecurity vulnerabilities Not later than 180 days after the date of enactment of this section, the Commission shall, after notice and opportunity for comment and after consultation with the Secretary, other appropriate Federal agencies, and appropriate governmental authorities in Canada and Mexico, promulgate a rule or issue an order requiring the implementation, by any owner, user, or operator of the bulk-power system in the United States, of such measures as are necessary to protect the bulk-power system against the vulnerabilities identified in the June 21, 2007, communication to certain Electricity Sector Owners and Operators from the North American Electric Reliability Corporation, acting in its capacity as the Electricity Sector Information and Analysis Center. (3) Rescission The Commission shall approve a reliability standard developed under section 215 that addresses a grid security vulnerability that is the subject of a rule or order under paragraph (1) or (2), unless the Commission determines that such reliability standard does not adequately protect against such vulnerability or otherwise does not satisfy the requirements of section 215. Upon such approval, the Commission shall rescind the rule promulgated or order issued under paragraph (1) or (2) addressing such vulnerability, effective upon the effective date of the newly approved reliability standard. (4) Large transformer availability Not later than 1 year after the date of enactment of this section, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, issue an order directing the Electric Reliability Organization to submit to the Commission for approval under section 215, not later than 1 year after the issuance of such order, reliability standards addressing availability of large transformers. Such standards shall require entities that own or operate large transformers to ensure, individually or jointly, adequate availability of large transformers to promptly restore the reliable operation of the bulk-power system in the event that any such transformer is destroyed or disabled as a result of a reasonably foreseeable physical or other attack or geomagnetic storm event. The Commission’s order shall specify the nature and magnitude of the reasonably foreseeable attacks or events that shall provide the basis for such standards. Such standards shall— (A) provide entities subject to the standards with the option of meeting such standards individually or jointly; and (B) appropriately balance the risks associated with a reasonably foreseeable attack or event, including any regional variation in such risks, and the costs of ensuring adequate availability of spare transformers. (d) Critical defense facilities (1) Designation Not later than 180 days after the date of enactment of this section, the President shall designate, in a written directive or determination provided to the Commission, facilities located in the United States (including the territories) that are— (A) critical to the defense of the United States; and (B) vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider. The number of facilities designated by such directive or determination shall not exceed 100. The President may periodically revise the list of designated facilities through a subsequent written directive or determination provided to the Commission, provided that the total number of designated facilities at any time shall not exceed 100. (2) Commission authority If the Commission identifies a defense critical electric infrastructure vulnerability that the Commission, in consultation with owners and operators of any facility or facilities designated by the President pursuant to paragraph (1), determines has not adequately been addressed through measures undertaken by owners or operators of defense critical electric infrastructure, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, promulgate a rule or issue an order requiring implementation, by any owner or operator of defense critical electric infrastructure, of measures to protect the defense critical electric infrastructure against such vulnerability. The Commission shall exempt from any such rule or order any specific defense critical electric infrastructure that the Commission determines already has been adequately protected against the identified vulnerability. The Commission shall make any such determination in consultation with the owner or operator of the facility designated by the President pursuant to paragraph (1) that relies upon such defense critical electric infrastructure. (3) Cost recovery An owner or operator of defense critical electric infrastructure shall be required to take measures under paragraph (2) only to the extent that the owners or operators of a facility or facilities designated by the President pursuant to paragraph (1) that rely upon such infrastructure agree to bear the full incremental costs of compliance with a rule promulgated or order issued under paragraph (2). (e) Protection of information (1) Prohibition of public disclosure of protected information Protected information— (A) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (B) shall not be made available pursuant to any State, local, or tribal law requiring disclosure of information or records. (2) Information sharing (A) In general Consistent with the Controlled Unclassified Information framework established by the President, the Commission shall promulgate such regulations and issue such orders as necessary to designate protected information and to prohibit the unauthorized disclosure of such protected information. (B) Sharing of protected information The regulations promulgated and orders issued pursuant to subparagraph (A) shall provide standards for and facilitate the appropriate sharing of protected information with, between, and by Federal, State, local, and tribal authorities, the Electric Reliability Organization, regional entities, and owners, operators, and users of the bulk-power system in the United States and of defense critical electric infrastructure. In promulgating such regulations and issuing such orders, the Commission shall take account of the role of State commissions in reviewing the prudence and cost of investments within their respective jurisdictions. The Commission shall consult with appropriate Canadian and Mexican authorities to develop protocols for the sharing of protected information with, between, and by appropriate Canadian and Mexican authorities and owners, operators, and users of the bulk-power system outside the United States. (3) Submission of information to congress Nothing in this section shall permit or authorize the withholding of information from Congress, any committee or subcommittee thereof, or the Comptroller General. (4) Disclosure of non-protected information In implementing this section, the Commission shall protect from disclosure only the minimum amount of information necessary to protect the reliability of the bulk-power system and of defense critical electric infrastructure. The Commission shall segregate protected information within documents and electronic communications, wherever feasible, to facilitate disclosure of information that is not designated as protected information. (5) Duration of designation Information may not be designated as protected information for longer than 5 years, unless specifically redesignated by the Commission. (6) Removal of designation The Commission may remove the designation of protected information, in whole or in part, from a document or electronic communication if the unauthorized disclosure of such information could no longer be used to impair the reliability of the bulk-power system or of defense critical electric infrastructure. (7) Judicial review of designations Notwithstanding subsection (f) of this section or section 313, a person or entity may seek judicial review of a determination by the Commission concerning the designation of protected information under this subsection exclusively in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia. In such a case the court shall determine the matter de novo, and may examine the contents of documents or electronic communications designated as protected information in camera to determine whether such documents or any part thereof were improperly designated as protected information. The burden is on the Commission to sustain its designation. (f) Judicial review The Commission shall act expeditiously to resolve all applications for rehearing of orders issued pursuant to this section that are filed under section 313(a). Any party seeking judicial review pursuant to section 313 of an order issued under this section may obtain such review only in the United States Court of Appeals for the District of Columbia Circuit. (g) Provision of assistance to industry in meeting grid security protection needs (1) Expertise and resources The Secretary shall establish a program, in consultation with other appropriate Federal agencies, to develop technical expertise in the protection of systems for the generation, transmission, and distribution of electric energy against geomagnetic storms or malicious acts using electronic communications or electromagnetic pulse that would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of such systems. Such program shall include the identification and development of appropriate technical and electronic resources, including hardware, software, and system equipment. (2) Sharing expertise As appropriate, the Secretary shall offer to share technical expertise developed under the program under paragraph (1), through consultation and assistance, with owners, operators, or users of systems for the generation, transmission, or distribution of electric energy located in the United States and with State commissions. In offering such support, the Secretary shall assign higher priority to systems serving facilities designated by the President pursuant to subsection (d)(1) and other critical-infrastructure facilities, which the Secretary shall identify in consultation with the Commission and other appropriate Federal agencies. (3) Security clearances and communication The Secretary shall facilitate and, to the extent practicable, expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section to enable optimum communication with Federal agencies regarding grid security threats, grid security vulnerabilities, and defense critical electric infrastructure vulnerabilities. The Secretary, the Commission, and other appropriate Federal agencies shall, to the extent practicable and consistent with their obligations to protect classified and protected information, share timely actionable information regarding grid security threats, grid security vulnerabilities, and defense critical electric infrastructure vulnerabilities with appropriate key personnel of owners, operators, and users of the bulk-power system and of defense critical electric infrastructure. (h) Certain federal entities For the 11-year period commencing on the date of enactment of this section, the Tennessee Valley Authority and the Bonneville Power Administration shall be exempt from any requirement under subsection (b) or (c) (except for any requirement addressing a malicious act using electronic communication). . (b) Conforming amendments (1) Jurisdiction Section 201(b)(2) of the Federal Power Act ( 16 U.S.C. 824(b)(2) ) is amended by inserting 215A, after 215, each place it appears. (2) Public utility Section 201(e) of the Federal Power Act ( 16 U.S.C. 824(e) ) is amended by inserting 215A, after 215, .
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113-hr-4299
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I 113th CONGRESS 2d Session H. R. 4299 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Pitts (for himself and Mr. Pallone ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act with respect to drug scheduling recommendations by the Secretary of Health and Human Services, and with respect to registration of manufacturers and distributors seeking to conduct clinical testing.
1. Short title This Act may be cited as the Improving Regulatory Transparency for New Medical Therapies Act . 2. Scheduling of substances included in new FDA-approved drugs Section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ) is amended by inserting after subsection (h) the following: (i) Within 45 days of receiving a recommendation from the Secretary to add a drug or substance that has never been marketed in the United States to a schedule under this title, the Attorney General shall, without regard to the findings required by subsection (a) of this section or section 202(b), issue an interim final rule, under the exception for good cause described in subparagraph (B) of section 553(b) of title 5, United States Code, placing the drug or substance into the schedule recommended by the Secretary. The interim final rule shall be made immediately effective under section 553(d)(3) of title 5, United States Code. . 3. Enhancing new drug development Section 302 of the Controlled Substances Act ( 21 U.S.C. 822 ) is amended by inserting after subsection (g) the following: (h) (1) A person who submits an application for registration to manufacture or distribute a controlled substance in accordance with this section may indicate on the registration application that the substance will be used only in connection with clinical trials of a drug in accordance with section 505(i) of the Federal Food, Drug, and Cosmetic Act. (2) When an application for registration to manufacture or distribute a controlled substance includes an indication that the controlled substance will be used only in connection with clinical trials of a drug in accordance with section 505(i) of the Federal Food, Drug, and Cosmetic Act, the Attorney General shall— (A) make a final decision on the application for registration within 180 days; or (B) provide notice to the applicant in writing of— (i) the outstanding issues that must be resolved in order to reach a final decision on the application; and (ii) the estimated date on which a final decision on the application will be made. .
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113-hr-4300
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I 113th CONGRESS 2d Session H. R. 4300 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. LaMalfa (for himself and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to take actions to support non-Federal investments in water infrastructure improvements in the Sacramento Valley, and for other purposes.
1. Short title This Act may be cited as the Sacramento Valley Water Storage and Restoration Act of 2014 . 2. Findings Congress finds the following: (1) The State of California and much of the West are experiencing one of the driest years on record, exacerbating water supply problems caused by a lack of surface water storage infrastructure. The drought conditions have caused reductions in water supplies to almost all water users in the State. (2) The Sites Project has been identified by the State of California and the Federal Government as an important component to integrated water management in the Sacramento Valley that would advance the co-equal objectives of improving water management and restoring ecological health for beneficial uses of the Sacramento-San Joaquin Delta and the Sacramento River watershed. (3) Among other things, the Sites Project would— (A) increase surface water storage to enhance water management flexibility in the Sacramento Valley; (B) provide flood control benefits; (C) improve conditions for fish, waterfowl, and wildlife in the Sacramento Valley, including anadromous fish in the Sacramento River; and (D) improve the operation of the State’s water system to provide improvements in ecosystem and water quality conditions in the Bay-Delta while providing a more reliable water supply for the State of California. (4) The Sites Project has been shown to provide approximately 1,300,000 of additional yield when the Sites Project is integrated into the operations of other State and Federal reservoirs upstream of the Bay-Delta. (5) Healthy wetlands are of vital importance to wildlife in California and require a reliable supply of water, and additional surface water storage can help meet water supply goals under the Central Valley Project Improvement Act. (6) It is in the interests of the United States for the Federal Government to work with the Sites Project Authority, which has been established under laws of the State of California as an independent joint powers authority to, among other things, study, promote, develop, design, finance, acquire, construct, manage, and operate Sites Reservoir and related facilities, in order to advance the Sites Project in the most expeditious and cost-effective manner possible. 3. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Commissioner The term Commissioner means the Commissioner of the Bureau of Reclamation. (3) Bureau The term Bureau means the Bureau of Reclamation. (4) Authority The term Authority means the Sites Project Authority that entered into a Joint Powers Agreement on August 26, 2010, for the purpose of advancing the Sites Project as a non-Federal facility and includes Glenn-Colusa Irrigation District, Reclamation District 108, the Tehama-Colusa Canal Authority, Maxwell Irrigation District, the County of Glenn, the County of Colusa and Yolo County Flood Control and Water Conservation District. (5) Sites project The term Sites Project means the Sites Reservoir in Glenn and Colusa Counties, California, and related facilities, including associated water conveyance and hydropower generation and transmission facilities. (6) State The term State means the State of California. (7) Central valley project The term Central Valley Project means all Federal reclamation projects located within or diverting water from or to the watershed of the Sacramento and San Joaquin rivers and their tributaries as authorized by the Act of August 26, 1937 (50 Stat. 850), and all Acts amendatory or supplemental thereto, including but not limited to the Act of October 17, 1940 (54 Stat. 1198, 1199), Act of December 22, 1944 (58 Stat. 887), Act of October 14, 1949 (63 Stat. 852), Act of September 26, 1950 (64 Stat. 1036), Act of August 27, 1954 (68 Stat. 879), Act of August 12, 1955 (69 Stat. 719), Act of June 3, 1960 (74 Stat. 156), Act of October 23, 1962 (76 Stat. 1173), Act of September 2, 1965 (79 Stat. 615), Act of August 19, 1967 (81 Stat. 167), Act of August 27, 1967 (81 Stat. 173), Act of October 23, 1970 (84 Stat. 1097), Act of September 28, 1976 (90 Stat. 1324) and Act of October 27, 1986 (100 Stat. 3050). (8) Repayment and water service contracts The terms repayment contract and water service contract have the same meaning as provided in sections 9(d) and 9(e) of the Reclamation Project Act of 1939 (53 Stat. 1187, 1195), as amended. 4. Feasibility study and environmental impact statement (a) Feasibility study No later than June 30, 2015, the Secretary, acting through the Bureau, shall finalize and publish in the Federal Register, the feasibility study authorized in section 103(d)(1)(i)(II) of title I of Public Law 108–361 . (b) Environmental impact statement and environmental impact report No later than June 30, 2015, the Secretary shall work with the Secretary of Commerce, the Army Corps of Engineers and the Environmental Protection Agency Administrator to coordinate the efforts of the relevant agencies and work with the State, the Authority, and other stakeholders to complete and issue the final joint environmental impact statement and environmental impact report on the Sites Project. (c) Availability of documents The Secretary shall ensure that all documents associated with the preparation of planning and feasibility studies and applicable environmental reviews under the National Environmental Policy Act for the Sites Project shall be made available to the Authority. (d) Financial assistance and other agreements To assist the Secretary in meeting the deadlines for completing the feasibility study and environmental impact statement identified in this section, no later than 90 days following enactment, the Secretary, acting through the Bureau, shall enter into such agreements with the Authority, including financial assistance agreements, to carry out such work as the Bureau and the Authority mutually agree is appropriate to ensure that all studies and environmental reviews are completed on an expeditious basis and that the shortest applicable process under the National Environmental Policy Act shall be utilized, including in the completion of the final feasibility study and final joint environmental impact statement and environmental impact report on the Sites Project. (e) Non-Federal cost-Share The Secretary shall attribute all funds expended, or in-kind services provided, by the Authority or the State to advance the Sites Project, including the $42,379,999 in non-Federal funds provided to the North-of-Delta Offstream Storage Feasibility Study reflected in the Bureau’s fiscal year 2015 Budget Justification, to the non-Federal share of cost-share requirements for any Federal support provided to the Sites Project. (f) Requirements of existing law Nothing in the section herein modifies existing requirements of Federal law. 5. Construction (a) Authorization of construction Section 103(d)(1)(B) of title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act, 118 Stat. 1681) is amended by— (1) adding after clause (i) the following: (ii) Construction authorization If the Secretary determines the project described in clause (ii)(I) of subparagraph (A) is feasible, the Secretary is authorized to carry out the project in a manner that is substantially in accordance with the recommended plan, and subject to the conditions described in the feasibility study. ; (2) striking in clause (iii), the project and inserting a project described in clause (ii)(I) of subparagraph (A) ; and (3) redesignating clause (ii) and (iii) as clause (iii) and (iv), respectively. (b) Project partnership agreements At the request of the Authority, the Bureau shall— (1) enter into a project partnership agreement with the Authority for the Authority to provide full project management control for construction of the Sites Project, or a separable element of the project, in accordance with plans approved by the Secretary; and (2) following execution of the project partnership agreement, transfer to the Authority interest to carry out construction of the project, or a separable element of the project— (A) if applicable, the balance of the unobligated amounts appropriated for the Sites Project, except that the Secretary shall retain sufficient amounts for the Bureau to carry out any responsibilities of the Bureau relating to the project; and (B) additional amounts, as determined by the Secretary, from amounts made available to the Secretary, except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of construction, including any required design. (c) Detailed project schedule Not later than 180 days after entering into a Project Partnership agreement, the Authority, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on estimated funding levels, that lists all deadlines for each milestone in the construction of the project. (d) Administration All laws and regulations that would apply to the Secretary if the Secretary were carrying out the project shall apply to Authority, if the Authority enters into an agreement with the Secretary to carry out the project under this section. 6. Non-Federal project (a) In general At any time, notwithstanding any other provision of this Act, if the Commissioner determines and the Secretary concurs, that the Sites Project can be expedited by the Authority as a non-Federal project, and that there is a demonstrable Federal interest for the Sites Project to be constructed and operated as a non-Federal project, the Bureau is authorized and directed to take any and all actions possible to advance the Sites Project as a non-Federal project, including, but not limited to, entering into cost-shared financial assistance agreements with the Authority to support construction of the Sites Project as a non-Federal project. (b) Title; operations and maintenance The Authority shall hold title to all facilities constructed under this section, and shall be solely responsible for the operation and maintenance costs of such facilities. (c) Federal reviews and permits The Bureau shall be the lead Federal agency for the purposes of all Federal reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to allow the Authority to construct the Sites Project as a non-Federal project. (d) Coordinated operations The Secretary of the Interior is authorized and directed to execute and implement a long-term agreement between the United States of America and the Authority that shall provide for the coordination of operations of the Central Valley Project and the Sites Project to— (1) satisfy any contracts entered into in subsection (e) of this Act; (2) help meet any unmet needs for Sacramento Valley in-basin water uses; (3) help meet any unmet needs of existing Central Valley Project repayment and water service contracts; and (4) ensure that any surplus water supplies from the Sites Project are put to full and beneficial use. (e) Contracts The Secretary is authorized to enter into long-term contracts with the Authority to acquire water supplies made available from the Sites Project for the purposes of meeting the requirements section 3406(b)(3) and section 3408(j) of Public Law 102–575, the Central Valley Project Improvement Act, and such other purposes as the Secretary may deem appropriate. 7. Environmental review and permitting With respect to the Sites Project, the Bureau shall— (1) be the lead Federal agency for the purposes of all Federal reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to allow either the Bureau or the Authority to construct the Sites Project, including all requirements under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) any other Federal law applicable to the construction of the Sites Project facilities by the Bureau or the Authority; and (2) take such steps as are necessary to ensure that all Federal reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to allow either the Bureau or the Authority to construct the Sites Project are completed on an expeditious basis and utilize the shortest applicable process. 8. Power generation (a) Purchase or market power The Secretary of Energy, acting through the Western Area Power Administration, shall determine no later than June 30, 2015, if there is a Federal interest in— (1) providing power to the Sites Project; and (2) purchasing and marketing the power produced by the Sites Project. (b) Authorization To provide, market and purchase power If the Secretary of Energy determines there is a Federal interest in providing power to, and purchasing and marketing power from, the Sites Project, the Secretary of Energy is authorized and directed to take such actions as are necessary to support that determination. (c) Permit lead and marketing of power if western area power administration forgoes participation in the sites project If the Sites Project is constructed as a non-Federal project by the Authority and the Secretary of Energy determines that there is no Federal interest in the Western Area Power Administration managing power provided to or emanating from the Sites Project, the Secretary of the Interior, acting through the Bureau, is authorized and directed to provide such support as is necessary to enable the Authority market the energy produced by the Sites Project, including securing all permits associated with managing power used and produced by the Sites Project. (d) Delivery and management of water Nothing in this subsection shall alter or impede the delivery and management of water, as water used for hydropower generation shall be deemed incidental to uses of water for which the Sites Project is intended to serve. 9. Compliance with environmental laws Nothing in this Act modifies or alters any obligations under— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). 10. Savings clause Nothing in this Act shall be construed to preempt any existing State law, including but not limited to area of origin and other water rights protections.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4300ih/xml/BILLS-113hr4300ih.xml
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113-hr-4301
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I 113th CONGRESS 2d Session H. R. 4301 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Chaffetz (for himself, Ms. Gabbard , Mr. Matheson , Mr. Smith of Texas , Mr. Jordan , Mr. Franks of Arizona , Mr. Holding , Mr. Wolf , Mr. Lankford , and Mr. Cleaver ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To restore long-standing United States policy that the Wire Act prohibits all forms of Internet gambling, and for other purposes.
1. Short title This Act may be cited as the Restoration of America's Wire Act . 2. Wire Act clarification Section 1084 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, and inserting any bet or wager, or information assisting in the placing of any bet or wager, ; (B) by striking result of bets or wagers and inserting result of any bet or wager ; and (C) by striking placing of bets or wagers and inserting placing of any bet or wager ; and (2) by striking subsection (e) and inserting the following: (e) As used in this section— (1) the term bet or wager does not include any activities set forth in section 5362(1)(E) of title 31; (2) the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a commonwealth, territory, or possession of the United States; (3) the term uses a wire communication facility for the transmission in interstate or foreign commerce of any bet or wager includes any transmission over the Internet carried interstate or in foreign commerce, incidentally or otherwise; and (4) the term wire communication has the meaning given the term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). . 3. Rule of construction Nothing in this Act, or the amendments made by this Act, shall be construed— (1) to preempt any State law prohibiting gambling; or (2) to alter, limit, or extend— (A) the relationship between the Interstate Horseracing Act of 1978 ( 15 U.S.C. 3001 et seq. ) and other Federal laws in effect on the date of enactment of this Act; (B) the ability of a State licensed lottery retailer to make in-person, computer-generated retail lottery sales under applicable Federal and State laws in effect on the date of the enactment of this Act; or (C) the relationship between Federal laws and State charitable gaming laws in effect on the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4301ih/xml/BILLS-113hr4301ih.xml
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113-hr-4302
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I 113th CONGRESS 2d Session H. R. 4302 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Pitts introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Social Security Act to extend Medicare payments to physicians and other provisions of the Medicare and Medicaid programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Access to Medicare Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Medicare Extenders Sec. 101. Physician payment update. Sec. 102. Extension of work GPCI floor. Sec. 103. Extension of therapy cap exceptions process. Sec. 104. Extension of ambulance add-ons. Sec. 105. Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals. Sec. 106. Extension of the Medicare-dependent hospital (MDH) program. Sec. 107. Extension for specialized Medicare Advantage plans for special needs individuals. Sec. 108. Extension of Medicare reasonable cost contracts. Sec. 109. Extension of funding for quality measure endorsement, input, and selection. Sec. 110. Extension of funding outreach and assistance for low-income programs. Sec. 111. Extension of two-midnight rule. Sec. 112. Technical changes to Medicare LTCH amendments. Title II—Other Health Provisions Sec. 201. Extension of the qualifying individual (QI) program. Sec. 202. Temporary extension of transitional medical assistance (TMA). Sec. 203. Extension of Medicaid and CHIP express lane option. Sec. 204. Extension of special diabetes program for type I diabetes and for Indians. Sec. 205. Extension of abstinence education. Sec. 206. Extension of personal responsibility education program (PREP). Sec. 207. Extension of funding for family-to-family health information centers. Sec. 208. Extension of health workforce demonstration project for low-income individuals. Sec. 209. Extension of maternal, infant, and early childhood home visiting programs. Sec. 210. Pediatric quality measures. Sec. 211. Delay of effective date for Medicaid amendments relating to beneficiary liability settlements. Sec. 212. Delay in transition from ICD–9 TO ICD–10 code sets. Sec. 213. Elimination of limitation on deductibles for employer-sponsored health plans. Sec. 214. GAO report on the Children’s Hospital Graduate Medical Education Program. Sec. 215. Skilled nursing facility value-based purchasing. Sec. 216. Improving Medicare policies for clinical diagnostic laboratory tests. Sec. 217. Revisions under the Medicare ESRD prospective payment system. Sec. 218. Quality incentives for computed tomography diagnostic imaging and promoting evidence-based care. Sec. 219. Using funding from Transitional Fund for Sustainable Growth Rate (SGR) Reform. Sec. 220. Ensuring accurate valuation of services under the physician fee schedule. Sec. 221. Medicaid DSH. Sec. 222. Realignment of the Medicare sequester for fiscal year 2024. Sec. 223. Demonstration programs to improve community mental health services. Sec. 224. Assisted outpatient treatment grant program for individuals with serious mental illness. Sec. 225. Exclusion from PAYGO scorecards. I Medicare Extenders 101. Physician payment update Section 1848(d) of the Social Security Act ( 42 U.S.C. 1395w–4(d) ) is amended— (1) in paragraph (15)— (A) in the heading, by striking January through March of ; (B) in subparagraph (A), by striking for the period beginning on January 1, 2014, and ending on March 31, 2014 ; and (C) in subparagraph (B)— (i) in the heading, by striking remaining portion of 2014 and ; and (ii) by striking the period beginning on April 1, 2014, and ending on December 31, 2014, and for ; and (2) by adding at the end the following new paragraph: (16) Update for January through March of 2015 (A) In general Subject to paragraphs (7)(B), (8)(B), (9)(B), (10)(B), (11)(B), (12)(B), (13)(B), (14)(B), and (15)(B), in lieu of the update to the single conversion factor established in paragraph (1)(C) that would otherwise apply for 2015 for the period beginning on January 1, 2015, and ending on March 31, 2015, the update to the single conversion factor shall be 0.0 percent. (B) No effect on computation of conversion factor for remaining portion of 2015 and subsequent years The conversion factor under this subsection shall be computed under paragraph (1)(A) for the period beginning on April 1, 2015, and ending on December 31, 2015, and for 2016 and subsequent years as if subparagraph (A) had never applied. . 102. Extension of work GPCI floor Section 1848(e)(1)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(e)(1)(E) ) is amended by striking April 1, 2014 and inserting April 1, 2015 . 103. Extension of therapy cap exceptions process Section 1833(g) of the Social Security Act ( 42 U.S.C. 1395l(g) ) is amended— (1) in paragraph (5)(A), in the first sentence, by striking March 31, 2014 and inserting March 31, 2015 ; and (2) in paragraph (6)(A)— (A) by striking March 31, 2014 and inserting March 31, 2015 ; and (B) by striking 2012, 2013, or the first three months of 2014 and inserting 2012, 2013, 2014, or the first three months of 2015 . 104. Extension of ambulance add-ons (a) Ground Ambulance Section 1834(l)(13)(A) of the Social Security Act ( 42 U.S.C. 1395m(l)(13)(A) ) is amended by striking April 1, 2014 and inserting April 1, 2015 each place it appears. (b) Super rural ground ambulance Section 1834(l)(12)(A) of the Social Security Act ( 42 U.S.C. 1395m(l)(12)(A) ) is amended, in the first sentence, by striking April 1, 2014 and inserting April 1, 2015 . 105. Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals Section 1886(d)(12) of the Social Security Act ( 42 U.S.C. 1395ww(d)(12) ) is amended— (1) in subparagraph (B), in the matter preceding clause (i), by striking in the portion of fiscal year 2014 beginning on April 1, 2014, fiscal year 2015, and subsequent fiscal years and inserting in fiscal year 2015 (beginning on April 1, 2015), fiscal year 2016, and subsequent fiscal years ; (2) in subparagraph (C)(i), by striking fiscal years 2011, 2012, and 2013, and the portion of fiscal year 2014 before and inserting fiscal years 2011 through 2014 and fiscal year 2015 (before April 1, 2015), each place it appears; and (3) in subparagraph (D), by striking fiscal years 2011, 2012, and 2013, and the portion of fiscal year 2014 before April 1, 2014, and inserting fiscal years 2011 through 2014 and fiscal year 2015 (before April 1, 2015), . 106. Extension of the Medicare-dependent hospital (MDH) program (a) In general Section 1886(d)(5)(G) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(G) ) is amended— (1) in clause (i), by striking April 1, 2014 and inserting April 1, 2015 ; and (2) in clause (ii)(II), by striking April 1, 2014 and inserting April 1, 2015 . (b) Conforming amendments (1) Extension of target amount Section 1886(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3)(D) ) is amended— (A) in the matter preceding clause (i), by striking April 1, 2014 and inserting April 1, 2015 ; and (B) in clause (iv), by striking through fiscal year 2013 and the portion of fiscal year 2014 before April 1, 2014 and inserting through fiscal year 2014 and the portion of fiscal year 2015 before April 1, 2015 . (2) Permitting hospitals to decline reclassification Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 ( 42 U.S.C. 1395ww note) is amended by striking through the first 2 quarters of fiscal year 2014 and inserting through the first 2 quarters of fiscal year 2015 . 107. Extension for specialized Medicare Advantage plans for special needs individuals Section 1859(f)(1) of the Social Security Act ( 42 U.S.C. 1395w–28(f)(1) ) is amended by striking 2016 and inserting 2017 . 108. Extension of Medicare reasonable cost contracts Section 1876(h)(5)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395mm(h)(5)(C)(ii) ) is amended, in the matter preceding subclause (I), by striking January 1, 2015 and inserting January 1, 2016 . 109. Extension of funding for quality measure endorsement, input, and selection Section 1890(d) of the Social Security Act ( 42 U.S.C. 1395aaa(d) ) is amended— (1) by inserting (1) before For purposes ; and (2) by adding at the end the following new paragraph: (2) For purposes of carrying out this section and section 1890A (other than subsections (e) and (f)), the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841, in such proportion as the Secretary determines appropriate, to the Centers for Medicare & Medicaid Services Program Management Account of $5,000,000 for fiscal year 2014 and $15,000,000 for the first 6 months of fiscal year 2015. Amounts transferred under the preceding sentence shall remain available until expended. . 110. Extension of funding outreach and assistance for low-income programs (a) Additional funding for state health insurance programs Subsection (a)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 ( 42 U.S.C. 1395b–3 note), as amended by section 3306 of the Patient Protection and Affordable Care Act Public Law 111–148 ), section 610 of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ), and section 1110 of the Pathway for SGR Reform Act of 2013 ( Public Law 113–67 ), is amended— (1) in clause (iii), by striking and at the end; (2) by striking clause (iv); and (3) by adding at the end the following new clauses: (iv) for fiscal year 2014, of $7,500,000; and (v) for the portion of fiscal year 2015 before April 1, 2015, of $3,750,000. . (b) Additional funding for area agencies on aging Subsection (b)(1)(B) of such section 119, as so amended, is amended— (1) in clause (iii), by striking and at the end; (2) by striking clause (iv); and (3) by inserting after clause (iii) the following new clauses: (iv) for fiscal year 2014, of $7,500,000; and (v) for the portion of fiscal year 2015 before April 1, 2015, of $3,750,000. . (c) Additional funding for aging and disability resource centers Subsection (c)(1)(B) of such section 119, as so amended, is amended— (1) in clause (iii), by striking and at the end; (2) by striking clause (iv); and (3) by inserting after clause (iii) the following new clauses: (iv) for fiscal year 2014, of $5,000,000; and (v) for the portion of fiscal year 2015 before April 1, 2015, of $2,500,000. . (d) Additional funding for contract with the national center for benefits and outreach enrollment Subsection (d)(2) of such section 119, as so amended, is amended— (1) in clause (iii), by striking and at the end; (2) by striking clause (iv); and (3) by inserting after clause (iii) the following new clauses: (iv) for fiscal year 2014, of $5,000,000; and (v) for the portion of fiscal year 2015 before April 1, 2015, of $2,500,000. . 111. Extension of two-midnight rule (a) Continuation of certain medical review activities The Secretary of Health and Human Services may continue medical review activities described in the notice entitled Selecting Hospital Claims for Patient Status Reviews: Admissions On or After October 1, 2013 , posted on the Internet website of the Centers for Medicare & Medicaid Services, through the first 6 months of fiscal year 2015 for such additional hospital claims as the Secretary determines appropriate. (b) Limitation The Secretary of Health and Human Services shall not conduct patient status reviews (as described in such notice) on a post-payment review basis through recovery audit contractors under section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)) for inpatient claims with dates of admission October 1, 2013, through March 31, 2015, unless there is evidence of systematic gaming, fraud, abuse, or delays in the provision of care by a provider of services (as defined in section 1861(u) of such Act ( 42 U.S.C. 1395x(u) )). 112. Technical changes to Medicare LTCH amendments (a) In general Subclauses (I) and (II) of section 1886(m)(6)(C)(iv) of the Social Security Act (42 U.S.C. 1395ww(m)(6)(C)(iv)) are each amended by striking discharges and inserting Medicare fee-for-service discharges . (b) MMSEA correction Section 114(d) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 ( 42 U.S.C. 1395ww note), as amended by sections 3106(b) and 10312(b) of Public Law 111–148 and by section 1206(b)(2) of the Pathway for SGR Reform Act of 2013 (division B of Public Law 113–67 ), is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking January 1, 2015, and inserting on the date of the enactment of paragraph (7) of this subsection ; (2) in paragraph (6), by striking January 1, 2015, and inserting on the date of the enactment of paragraph (7) of this subsection ; and (3) by adding at the end the following new paragraph: (7) Additional exception for certain long-term care hospitals The moratorium under paragraph (1)(A) shall not apply to a long-term care hospital that— (A) began its qualifying period for payment as a long-term care hospital under section 412.23(e) of title 42, Code of Federal Regulations, on or before the date of enactment of this paragraph; (B) has a binding written agreement as of the date of the enactment of this paragraph with an outside, unrelated party for the actual construction, renovation, lease, or demolition for a long-term care hospital, and has expended, before such date of enactment, at least 10 percent of the estimated cost of the project (or, if less, $2,500,000); or (C) has obtained an approved certificate of need in a State where one is required on or before such date of enactment. . (c) Additional amendments Section 1206(a) of the Pathway for SGR Reform Act of 2013 (division B of Public Law 113–67 ) is amended— (1) in paragraph (2)(A), by striking Assessment and inserting Advisory ; and (2) in paragraph (3)(B), by striking shall not apply to a hospital that is classified as of December 10, 2013, as a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act, 42 U.S.C. 1395ww(d)(1)(B) ) and inserting shall only apply to a hospital that is classified as of December 10, 2013, as a long-term care hospital (as defined in section 1861(ccc) of the Social Security Act, 42 U.S.C. 1395x(ccc)) . (d) Effective date The amendments made by this section are effective as of the date of the enactment of this Act. II Other Health Provisions 201. Extension of the qualifying individual (QI) program (a) Extension Section 1902(a)(10)(E)(iv) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(E)(iv) ) is amended by striking March 2014 and inserting March 2015 . (b) Extending total amount available for allocation Section 1933(g) of the Social Security Act ( 42 U.S.C. 1396u–3(g) ) is amended— (1) in paragraph (2)— (A) in subparagraph (T), by striking and at the end; (B) in subparagraph (U)— (i) by striking March 31, 2014 and inserting September 30, 2014 ; and (ii) by striking $200,000,000. and inserting $485,000,000; ; and (C) by adding at the end the following new subparagraphs: (V) for the period that begins on October 1, 2014, and ends on December 31, 2014, the total allocation amount is $300,000,000; and (W) for the period that begins on January 1, 2015, and ends on March 31, 2015, the total allocation amount is $250,000,000. ; and (2) in paragraph (3), in the matter preceding subparagraph (A), by striking or (T) and inserting (T), or (V) . 202. Temporary extension of transitional medical assistance (TMA) Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act ( 42 U.S.C. 1396a(e)(1)(B) , 1396r–6(f)) are each amended by striking March 31, 2014 and inserting March 31, 2015 . 203. Extension of Medicaid and CHIP express lane option Section 1902(e)(13)(I) of the Social Security Act ( 42 U.S.C. 1396a(e)(13)(I) ) is amended by striking September 30, 2014 and inserting September 30, 2015 . 204. Extension of special diabetes program for type I diabetes and for Indians (a) Special Diabetes Programs for Type I Diabetes Section 330B(b)(2)(C) of the Public Health Service Act ( 42 U.S.C. 254c–2(b)(2)(C) ) is amended by striking 2014 and inserting 2015 . (b) Special Diabetes Programs for Indians Section 330C(c)(2)(C) of the Public Health Service Act ( 42 U.S.C. 254c–3(c)(2)(C) ) is amended by striking 2014 and inserting 2015 . 205. Extension of abstinence education Subsections (a) and (d) of section 510 of the Social Security Act ( 42 U.S.C. 710 ) are each amended by striking 2014 and inserting 2015 . 206. Extension of personal responsibility education program (PREP) Section 513 of the Social Security Act ( 42 U.S.C. 713 ) is amended— (1) in paragraphs (1)(A) and (4)(A) of subsection (a), by striking 2014 and inserting 2015 each place it appears; (2) in subsection (a)(4)(B)(i), by striking and 2014 and inserting 2014, and 2015 ; and (3) in subsection (f), by striking 2014 and inserting 2015 . 207. Extension of funding for family-to-family health information centers Section 501(c)(1)(A) of the Social Security Act ( 42 U.S.C. 701(c)(1)(A) ) is amended— (1) in clause (iii), by striking at the end and ; (2) in clause (iv), by striking the period at the end and inserting a semicolon and by moving the margin to align with the margin for clause (iii); and (3) by adding at the end the following new clauses: (v) $2,500,000 for the portion of fiscal year 2014 on or after April 1, 2014; and (vi) $2,500,000 for the portion of fiscal year 2015 before April 1, 2015. . 208. Extension of health workforce demonstration project for low-income individuals Section 2008(c)(1) of the Social Security Act ( 42 U.S.C. 1397g(c)(1) ) is amended by striking 2014 and inserting 2015 . 209. Extension of maternal, infant, and early childhood home visiting programs Section 511(j) of the Social Security Act ( 42 U.S.C. 711(j) ) is amended— (1) in paragraph (1)— (A) by striking and at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ; and ; and (C) by adding at the end the following new subparagraph: (F) for the period beginning on October 1, 2014, and ending on March 31, 2015, an amount equal to the amount provided in subparagraph (E). ; and (2) in paragraphs (2) and (3), by inserting (or portion of a fiscal year) after for a fiscal year each place it appears. 210. Pediatric quality measures (a) Continuation of funding for pediatric quality measures for improving the quality of children’s health care Section 1139B(e) of the Social Security Act (42 U.S.C. 1320b–9b(e)) is amended by adding at the end the following: Of the funds appropriated under this subsection, not less than $15,000,000 shall be used to carry out section 1139A(b). . (b) Elimination of restriction on Medicaid quality measurement program Section 1139B(b)(5)(A) of the Social Security Act (42 U.S.C. 1320b–9b(b)(5)(A)) is amended by striking The aggregate amount awarded by the Secretary for grants and contracts for the development, testing, and validation of emerging and innovative evidence-based measures under such program shall equal the aggregate amount awarded by the Secretary for grants under section 1139A(b)(4)(A) . 211. Delay of effective date for Medicaid amendments relating to beneficiary liability settlements Effective as if included in the enactment of the Bipartisan Budget Act of 2013 ( Public Law 113–67 ), section 202(c) of such Act is amended by striking October 1, 2014 and inserting October 1, 2016 . 212. Delay in transition from ICD–9 TO ICD–10 code sets The Secretary of Health and Human Services may not, prior to October 1, 2015, adopt ICD–10 code sets as the standard for code sets under section 1173(c) of the Social Security Act ( 42 U.S.C. 1320d–2(c) ) and section 162.1002 of title 45, Code of Federal Regulations. 213. Elimination of limitation on deductibles for employer-sponsored health plans (a) In general Section 1302(c) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 42 U.S.C. 18022(c)) is amended— (1) by striking paragraph (2); and (2) in paragraph (4)(A), by striking paragraphs (1)(B)(i) and (2)(B)(i) and inserting paragraph (1)(B)(i) . (b) Conforming amendment Section 2707(b) of the Public Health Service Act ( 42 U.S.C. 300gg–6(b) ) is amended by striking paragraphs (1) and (2) and inserting paragraph (1) . (c) Effective date The amendments made by this Act shall be effective as if included in the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ). 214. GAO report on the Children’s Hospital Graduate Medical Education Program (a) In general In the case that the Children’s Hospital GME Support Reauthorization Act of 2013 is enacted into law, the Comptroller General of the United States shall, not later than November 30, 2017, conduct an independent evaluation, and submit to the appropriate committees of Congress a report, concerning the implementation of section 340E(h) of the Public Health Service Act, as added by section 3 of the Children’s Hospital GME Support Reauthorization Act of 2013. (b) Content The report described in subsection (a) shall review and assess each of the following, with respect to hospitals receiving payments under such section 340E(h) during the period of fiscal years 2015 through 2017: (1) The number and type of such hospitals that applied for such payments. (2) The number and type of such hospitals receiving such payments. (3) The amount of such payments awarded to such hospitals. (4) How such hospitals used such payments. (5) The impact of such payments on— (A) the number of pediatric providers; and (B) health care needs of children. 215. Skilled nursing facility value-based purchasing (a) In general Section 1888 of the Social Security Act ( 42 U.S.C. 1395yy ) is amended by adding at the end the following new subsection: (g) Skilled nursing facility readmission measure (1) Readmission measure Not later than October 1, 2015, the Secretary shall specify a skilled nursing facility all-cause all-condition hospital readmission measure (or any successor to such a measure). (2) Resource use measure Not later than October 1, 2016, the Secretary shall specify a measure to reflect an all-condition risk-adjusted potentially preventable hospital readmission rate for skilled nursing facilities. (3) Measure adjustments When specifying the measures under paragraphs (1) and (2), the Secretary shall devise a methodology to achieve a high level of reliability and validity, especially for skilled nursing facilities with a low volume of readmissions. (4) Pre-rulemaking process (measure application partnership process) The application of the provisions of section 1890A shall be optional in the case of a measure specified under paragraph (1) and a measure specified under paragraph (2). (5) Feedback reports to skilled nursing facilities Beginning October 1, 2016, and every quarter thereafter, the Secretary shall provide confidential feedback reports to skilled nursing facilities on the performance of such facilities with respect to a measure specified under paragraph (1) or (2). (6) Public reporting of skilled nursing facilities (A) In general Subject to subparagraphs (B) and (C), the Secretary shall establish procedures for making available to the public by posting on the Nursing Home Compare Medicare website (or a successor website) described in section 1819(i) information on the performance of skilled nursing facilities with respect to a measure specified under paragraph (1) and a measure specified under paragraph (2). (B) Opportunity to review The procedures under subparagraph (A) shall ensure that a skilled nursing facility has the opportunity to review and submit corrections to the information that is to be made public with respect to the facility prior to such information being made public. (C) Timing Such procedures shall provide that the information described in subparagraph (A) is made publicly available beginning not later than October 1, 2017. (7) Non-application of Paperwork Reduction Act Chapter 35 of title 44, United States Code (commonly referred to as the ‘Paperwork Reduction Act of 1995’) shall not apply to this subsection. . (b) Value-Based purchasing program for skilled nursing facilities Section 1888 of the Social Security Act ( 42 U.S.C. 1395yy ), as amended by subsection (a), is further amended by adding at the end the following new subsection: (h) Skilled nursing facility value-Based purchasing program (1) Establishment (A) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish a skilled nursing facility value-based purchasing program (in this subsection referred to as the SNF VBP Program ) under which value-based incentive payments are made in a fiscal year to skilled nursing facilities. (B) Program to begin in fiscal year 2019 The SNF VBP Program shall apply to payments for services furnished on or after October 1, 2018. (2) Application of measures (A) In general The Secretary shall apply the measure specified under subsection (g)(1) for purposes of the SNF VBP Program. (B) Replacement For purposes of the SNF VBP Program, the Secretary shall apply the measure specified under (g)(2) instead of the measure specified under (g)(1) as soon as practicable. (3) Performance standards (A) Establishment The Secretary shall establish performance standards with respect to the measure applied under paragraph (2) for a performance period for a fiscal year. (B) Higher of achievement and improvement The performance standards established under subparagraph (A) shall include levels of achievement and improvement. In calculating the SNF performance score under paragraph (4), the Secretary shall use the higher of either improvement or achievement. (C) Timing The Secretary shall establish and announce the performance standards established under subparagraph (A) not later than 60 days prior to the beginning of the performance period for the fiscal year involved. (4) SNF performance score (A) In general The Secretary shall develop a methodology for assessing the total performance of each skilled nursing facility based on performance standards established under paragraph (3) with respect to the measure applied under paragraph (2). Using such methodology, the Secretary shall provide for an assessment (in this subsection referred to as the SNF performance score ) for each skilled nursing facility for each such performance period. (B) Ranking of SNF performance scores The Secretary shall, for the performance period for each fiscal year, rank the SNF performance scores determined under subparagraph (A) from low to high. (5) Calculation of value-based incentive payments (A) In general With respect to a skilled nursing facility, based on the ranking under paragraph (4)(B) for a performance period for a fiscal year, the Secretary shall increase the adjusted Federal per diem rate determined under subsection (e)(4)(G) otherwise applicable to such skilled nursing facility (and after application of paragraph (6)) for services furnished by such facility during such fiscal year by the value-based incentive payment amount under subparagraph (B). (B) Value-based incentive payment amount The value-based incentive payment amount for services furnished by a skilled nursing facility in a fiscal year shall be equal to the product of— (i) the adjusted Federal per diem rate determined under subsection (e)(4)(G) otherwise applicable to such skilled nursing facility for such services furnished by the skilled nursing facility during such fiscal year; and (ii) the value-based incentive payment percentage specified under subparagraph (C) for the skilled nursing facility for such fiscal year. (C) Value-based incentive payment percentage (i) In general The Secretary shall specify a value-based incentive payment percentage for a skilled nursing facility for a fiscal year which may include a zero percentage. (ii) Requirements In specifying the value-based incentive payment percentage for each skilled nursing facility for a fiscal year under clause (i), the Secretary shall ensure that— (I) such percentage is based on the SNF performance score of the skilled nursing facility provided under paragraph (4) for the performance period for such fiscal year; (II) the application of all such percentages in such fiscal year results in an appropriate distribution of value-based incentive payments under subparagraph (B) such that— (aa) skilled nursing facilities with the highest rankings under paragraph (4)(B) receive the highest value-based incentive payment amounts under subparagraph (B); (bb) skilled nursing facilities with the lowest rankings under paragraph (4)(B) receive the lowest value-based incentive payment amounts under subparagraph (B); and (cc) in the case of skilled nursing facilities in the lowest 40 percent of the ranking under paragraph (4)(B), the payment rate under subparagraph (A) for services furnished by such facility during such fiscal year shall be less than the payment rate for such services for such fiscal year that would otherwise apply under subsection (e)(4)(G) without application of this subsection; and (III) the total amount of value-based incentive payments under this paragraph for all skilled nursing facilities in such fiscal year shall be greater than or equal to 50 percent, but not greater than 70 percent, of the total amount of the reductions to payments for such fiscal year under paragraph (6), as estimated by the Secretary. (6) Funding for value-based incentive payments (A) In general The Secretary shall reduce the adjusted Federal per diem rate determined under subsection (e)(4)(G) otherwise applicable to a skilled nursing facility for services furnished by such facility during a fiscal year (beginning with fiscal year 2019) by the applicable percent (as defined in subparagraph (B)). The Secretary shall make such reductions for all skilled nursing facilities in the fiscal year involved, regardless of whether or not the skilled nursing facility has been determined by the Secretary to have earned a value-based incentive payment under paragraph (5) for such fiscal year. (B) Applicable percent For purposes of subparagraph (A), the term applicable percent means, with respect to fiscal year 2019 and succeeding fiscal years, 2 percent. (7) Announcement of net result of adjustments Under the SNF VBP Program, the Secretary shall, not later than 60 days prior to the fiscal year involved, inform each skilled nursing facility of the adjustments to payments to the skilled nursing facility for services furnished by such facility during the fiscal year under paragraphs (5) and (6). (8) No effect in subsequent fiscal years The value-based incentive payment under paragraph (5) and the payment reduction under paragraph (6) shall each apply only with respect to the fiscal year involved, and the Secretary shall not take into account such value-based incentive payment or payment reduction in making payments to a skilled nursing facility under this section in a subsequent fiscal year. (9) Public reporting (A) SNF specific information The Secretary shall make available to the public, by posting on the Nursing Home Compare Medicare website (or a successor website) described in section 1819(i) in an easily understandable format, information regarding the performance of individual skilled nursing facilities under the SNF VBP Program, with respect to a fiscal year, including— (i) the SNF performance score of the skilled nursing facility for such fiscal year; and (ii) the ranking of the skilled nursing facility under paragraph (4)(B) for the performance period for such fiscal year. (B) Aggregate information The Secretary shall periodically post on the Nursing Home Compare Medicare website (or a successor website) described in section 1819(i) aggregate information on the SNF VBP Program, including— (i) the range of SNF performance scores provided under paragraph (4)(A); and (ii) the number of skilled nursing facilities receiving value-based incentive payments under paragraph (5) and the range and total amount of such value-based incentive payments. (10) Limitation on review There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the following: (A) The methodology used to determine the value-based incentive payment percentage and the amount of the value-based incentive payment under paragraph (5). (B) The determination of the amount of funding available for such value-based incentive payments under paragraph (5)(C)(ii)(III) and the payment reduction under paragraph (6). (C) The establishment of the performance standards under paragraph (3) and the performance period. (D) The methodology developed under paragraph (4) that is used to calculate SNF performance scores and the calculation of such scores. (E) The ranking determinations under paragraph (4)(B). (11) Funding for program management The Secretary shall provide for the one time transfer from the Federal Hospital Insurance Trust Fund established under section 1817 to the Centers for Medicare & Medicaid Services Program Management Account of— (A) for purposes of subsection (g)(2), $2,000,000; and (B) for purposes of implementing this subsection, $10,000,000. Such funds shall remain available until expended. . (c) MedPAC study Not later than June 30, 2021, the Medicare Payment Advisory Commission shall submit to Congress a report that reviews the progress of the skilled nursing facility value-based purchasing program established under section 1888(h) of the Social Security Act, as added by subsection (b), and makes recommendations, as appropriate, on any improvements that should be made to such program. For purposes of the previous sentence, the Medicare Payment Advisory Commission shall consider any unintended consequences with respect to such skilled nursing facility value-based purchasing program and any potential adjustments to the readmission measure specified under section 1888(g)(1) of such Act, as added by subsection (a), for purposes of determining the effect of the socio-economic status of a beneficiary under the Medicare program under title XVIII of the Social Security Act for the SNF performance score of a skilled nursing facility provided under section 1888(h)(4) of such Act, as added by subsection (b). 216. Improving Medicare policies for clinical diagnostic laboratory tests (a) In general Title XVIII of the Social Security Act is amended by inserting after section 1834 ( 42 U.S.C. 1395m ) the following new section: 1834A. Improving policies for clinical diagnostic laboratory tests (a) Reporting of private sector payment rates for establishment of Medicare payment rates (1) In general Beginning January 1, 2016, and every 3 years thereafter (or, annually, in the case of reporting with respect to an advanced diagnostic laboratory test, as defined in subsection (d)(5)), an applicable laboratory (as defined in paragraph (2)) shall report to the Secretary, at a time specified by the Secretary, applicable information (as defined in paragraph (3)) for a data collection period (as defined in paragraph (4)) for each clinical diagnostic laboratory test that the laboratory furnishes during such period for which payment is made under this part. (2) Definition of applicable laboratory In this section, the term applicable laboratory means a laboratory that, with respect to its revenues under this title, a majority of such revenues are from this section, section 1833(h), or section 1848. The Secretary may establish a low volume or low expenditure threshold for excluding a laboratory from the definition of applicable laboratory under this paragraph, as the Secretary determines appropriate. (3) Applicable information defined (A) In general In this section, subject to subparagraph (B), the term applicable information means, with respect to a laboratory test for a data collection period, the following: (i) The payment rate (as determined in accordance with paragraph (5)) that was paid by each private payor for the test during the period. (ii) The volume of such tests for each such payor for the period. (B) Exception for certain contractual arrangements Such term shall not include information with respect to a laboratory test for which payment is made on a capitated basis or other similar payment basis during the data collection period. (4) Data collection period defined In this section, the term data collection period means a period of time, such as a previous 12 month period, specified by the Secretary. (5) Treatment of discounts The payment rate reported by a laboratory under this subsection shall reflect all discounts, rebates, coupons, and other price concessions, including those described in section 1847A(c)(3). (6) Ensuring complete reporting In the case where an applicable laboratory has more than one payment rate for the same payor for the same test or more than one payment rate for different payors for the same test, the applicable laboratory shall report each such payment rate and the volume for the test at each such rate under this subsection. Beginning with January 1, 2019, the Secretary may establish rules to aggregate reporting with respect to the situations described in the preceding sentence. (7) Certification An officer of the laboratory shall certify the accuracy and completeness of the information reported under this subsection. (8) Private payor defined In this section, the term private payor means the following: (A) A health insurance issuer and a group health plan (as such terms are defined in section 2791 of the Public Health Service Act). (B) A Medicare Advantage plan under part C. (C) A medicaid managed care organization (as defined in section 1903(m)). (9) Civil money penalty (A) In general If the Secretary determines that an applicable laboratory has failed to report or made a misrepresentation or omission in reporting information under this subsection with respect to a clinical diagnostic laboratory test, the Secretary may apply a civil money penalty in an amount of up to $10,000 per day for each failure to report or each such misrepresentation or omission. (B) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as they apply to a civil money penalty or proceeding under section 1128A(a). (10) Confidentiality of information Notwithstanding any other provision of law, information disclosed by a laboratory under this subsection is confidential and shall not be disclosed by the Secretary or a Medicare contractor in a form that discloses the identity of a specific payor or laboratory, or prices charged or payments made to any such laboratory, except— (A) as the Secretary determines to be necessary to carry out this section; (B) to permit the Comptroller General to review the information provided; (C) to permit the Director of the Congressional Budget Office to review the information provided; and (D) to permit the Medicare Payment Advisory Commission to review the information provided. (11) Protection from public disclosure A payor shall not be identified on information reported under this subsection. The name of an applicable laboratory under this subsection shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. (12) Regulations Not later than June 30, 2015, the Secretary shall establish through notice and comment rulemaking parameters for data collection under this subsection. (b) Payment for clinical diagnostic laboratory tests (1) Use of private payor rate information to determine Medicare payment rates (A) In general Subject to paragraph (3) and subsections (c) and (d), in the case of a clinical diagnostic laboratory test furnished on or after January 1, 2017, the payment amount under this section shall be equal to the weighted median determined for the test under paragraph (2) for the most recent data collection period. (B) Application of payment amounts to hospital laboratories The payment amounts established under this section shall apply to a clinical diagnostic laboratory test furnished by a hospital laboratory if such test is paid for separately, and not as part of a bundled payment under section 1833(t). (2) Calculation of weighted median For each laboratory test with respect to which information is reported under subsection (a) for a data collection period, the Secretary shall calculate a weighted median for the test for the period, by arraying the distribution of all payment rates reported for the period for each test weighted by volume for each payor and each laboratory. (3) Phase-in of reductions from private payor rate implementation (A) In general Payment amounts determined under this subsection for a clinical diagnostic laboratory test for each of 2017 through 2022 shall not result in a reduction in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (B)) of the amount of payment for the test for the preceding year. (B) Applicable percent defined In this paragraph, the term applicable percent means— (i) for each of 2017 through 2019, 10 percent; and (ii) for each of 2020 through 2022, 15 percent. (C) No application to new tests This paragraph shall not apply to payment amounts determined under this section for either of the following. (i) A new test under subsection (c). (ii) A new advanced diagnostic test (as defined in subsection (d)(5)) under subsection (d). (4) Application of market rates (A) In general Subject to paragraph (3), once established for a year following a data collection period, the payment amounts under this subsection shall continue to apply until the year following the next data collection period. (B) Other adjustments not applicable The payment amounts under this section shall not be subject to any adjustment (including any geographic adjustment, budget neutrality adjustment, annual update, or other adjustment). (5) Sample collection fee In the case of a sample collected from an individual in a skilled nursing facility or by a laboratory on behalf of a home health agency, the nominal fee that would otherwise apply under section 1833(h)(3)(A) shall be increased by $2. (c) Payment for new tests that are not advanced diagnostic laboratory tests (1) Payment during initial period In the case of a clinical diagnostic laboratory test that is assigned a new or substantially revised HCPCS code on or after the date of enactment of this section, and which is not an advanced diagnostic laboratory test (as defined in subsection (d)(5)), during an initial period until payment rates under subsection (b) are established for the test, payment for the test shall be determined— (A) using cross-walking (as described in section 414.508(a) of title 42, Code of Federal Regulations, or any successor regulation) to the most appropriate existing test under the fee schedule under this section during that period; or (B) if no existing test is comparable to the new test, according to the gapfilling process described in paragraph (2). (2) Gapfilling process described The gapfilling process described in this paragraph shall take into account the following sources of information to determine gapfill amounts, if available: (A) Charges for the test and routine discounts to charges. (B) Resources required to perform the test. (C) Payment amounts determined by other payors. (D) Charges, payment amounts, and resources required for other tests that may be comparable or otherwise relevant. (E) Other criteria the Secretary determines appropriate. (3) Additional consideration In determining the payment amount under crosswalking or gapfilling processes under this subsection, the Secretary shall consider recommendations from the panel established under subsection (f)(1). (4) Explanation of payment rates In the case of a clinical diagnostic laboratory test for which payment is made under this subsection, the Secretary shall make available to the public an explanation of the payment rate for the test, including an explanation of how the criteria described in paragraph (2) and paragraph (3) are applied. (d) Payment for new advanced diagnostic laboratory tests (1) Payment during initial period (A) In general In the case of an advanced diagnostic laboratory test for which payment has not been made under the fee schedule under section 1833(h) prior to the date of enactment of this section, during an initial period of three quarters, the payment amount for the test for such period shall be based on the actual list charge for the laboratory test. (B) Actual list charge For purposes of subparagraph (A), the term actual list charge , with respect to a laboratory test furnished during such period, means the publicly available rate on the first day at which the test is available for purchase by a private payor. (2) Special rule for timing of initial reporting With respect to an advanced diagnostic laboratory test described in paragraph (1)(A), an applicable laboratory shall initially be required to report under subsection (a) not later than the last day of the second quarter of the initial period under such paragraph. (3) Application of market rates after initial period Subject to paragraph (4), data reported under paragraph (2) shall be used to establish the payment amount for an advanced diagnostic laboratory test after the initial period under paragraph (1)(A) using the methodology described in subsection (b). Such payment amount shall continue to apply until the year following the next data collection period. (4) Recoupment if actual list charge exceeds market rate With respect to the initial period described in paragraph (1)(A), if, after such period, the Secretary determines that the payment amount for an advanced diagnostic laboratory test under paragraph (1)(A) that was applicable during the period was greater than 130 percent of the payment amount for the test established using the methodology described in subsection (b) that is applicable after such period, the Secretary shall recoup the difference between such payment amounts for tests furnished during such period. (5) Advanced diagnostic laboratory test defined In this subsection, the term advanced diagnostic laboratory test means a clinical diagnostic laboratory test covered under this part that is offered and furnished only by a single laboratory and not sold for use by a laboratory other than the original developing laboratory (or a successor owner) and meets one of the following criteria: (A) The test is an analysis of multiple biomarkers of DNA, RNA, or proteins combined with a unique algorithm to yield a single patient-specific result. (B) The test is cleared or approved by the Food and Drug Administration. (C) The test meets other similar criteria established by the Secretary. (e) Coding (1) Temporary codes for certain new tests (A) In general The Secretary shall adopt temporary HCPCS codes to identify new advanced diagnostic laboratory tests (as defined in subsection (d)(5)) and new laboratory tests that are cleared or approved by the Food and Drug Administration. (B) Duration (i) In general Subject to clause (ii), the temporary code shall be effective until a permanent HCPCS code is established (but not to exceed 2 years). (ii) Exception The Secretary may extend the temporary code or establish a permanent HCPCS code, as the Secretary determines appropriate. (2) Existing tests Not later than January 1, 2016, for each existing advanced diagnostic laboratory test (as so defined) and each existing clinical diagnostic laboratory test that is cleared or approved by the Food and Drug Administration for which payment is made under this part as of the date of enactment of this section, if such test has not already been assigned a unique HCPCS code, the Secretary shall— (A) assign a unique HCPCS code for the test; and (B) publicly report the payment rate for the test. (3) Establishment of unique identifier for certain tests For purposes of tracking and monitoring, if a laboratory or a manufacturer requests a unique identifier for an advanced diagnostic laboratory test (as so defined) or a laboratory test that is cleared or approved by the Food and Drug Administration, the Secretary shall utilize a means to uniquely track such test through a mechanism such as a HCPCS code or modifier. (f) Input from clinicians and technical experts (1) In general The Secretary shall consult with an expert outside advisory panel, established by the Secretary not later than July 1, 2015, composed of an appropriate selection of individuals with expertise, which may include molecular pathologists, researchers, and individuals with expertise in laboratory science or health economics, in issues related to clinical diagnostic laboratory tests, which may include the development, validation, performance, and application of such tests, to provide— (A) input on— (i) the establishment of payment rates under this section for new clinical diagnostic laboratory tests, including whether to use crosswalking or gapfilling processes to determine payment for a specific new test; and (ii) the factors used in determining coverage and payment processes for new clinical diagnostic laboratory tests; and (B) recommendations to the Secretary under this section. (2) Compliance with FACA The panel shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (3) Continuation of annual meeting The Secretary shall continue to convene the annual meeting described in section 1833(h)(8)(B)(iii) after the implementation of this section for purposes of receiving comments and recommendations (and data on which the recommendations are based) as described in such section on the establishment of payment amounts under this section. (g) Coverage (1) Issuance of coverage policies (A) In general A medicare administrative contractor shall only issue a coverage policy with respect to a clinical diagnostic laboratory test in accordance with the process for making a local coverage determination (as defined in section 1869(f)(2)(B)), including the appeals and review process for local coverage determinations under part 426 of title 42, Code of Federal Regulations (or successor regulations). (B) No effect on national coverage determination process This paragraph shall not apply to the national coverage determination process (as defined in section 1869(f)(1)(B)). (C) Effective date This paragraph shall apply to coverage policies issued on or after January 1, 2015. (2) Designation of one or more medicare administrative contractors for clinical diagnostic laboratory tests The Secretary may designate one or more (not to exceed 4) medicare administrative contractors to either establish coverage policies or establish coverage policies and process claims for payment for clinical diagnostic laboratory tests, as determined appropriate by the Secretary. (h) Implementation (1) Implementation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise, of the establishment of payment amounts under this section. (2) Administration Chapter 35 of title 44, United States Code, shall not apply to information collected under this section. (3) Funding For purposes of implementing this section, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, to the Centers for Medicare & Medicaid Services Program Management Account, for each of fiscal years 2014 through 2018, $4,000,000, and for each of fiscal years 2019 through 2023, $3,000,000. Amounts transferred under the preceding sentence shall remain available until expended. (i) Transitional rule During the period beginning on the date of enactment of this section and ending on December 31, 2016, with respect to advanced diagnostic laboratory tests under this part, the Secretary shall use the methodologies for pricing, coding, and coverage in effect on the day before such date of enactment, which may include cross-walking or gapfilling methods. . (b) Conforming amendments (1) Section 1833(a) of the Social Security Act ( 42 U.S.C. 1395l(a) ) is amended— (A) in paragraph (1)(D)— (i) by striking (i) on the basis and inserting (i)(I) on the basis ; (ii) in subclause (I), as added by clause (i), by striking subsection (h)(1) and inserting subsection (h)(1) (for tests furnished before January 1, 2017) ; (iii) by striking or (ii) and inserting or (II) under section 1834A (for tests furnished on or after January 1, 2017), the amount paid shall be equal to 80 percent (or 100 percent, in the case of such tests for which payment is made on an assignment-related basis) of the lesser of the amount determined under such section or the amount of the charges billed for the tests, or (ii) ; and (iv) in clause (ii), by striking on the basis and inserting for tests furnished before January 1, 2017, on the basis ; (B) in paragraph (2)(D)— (i) by striking (i) on the basis and inserting (i)(I) on the basis ; (ii) in subclause (I), as added by clause (i), by striking subsection (h)(1) and inserting subsection (h)(1) (for tests furnished before January 1, 2017) ; (iii) by striking or (ii) and inserting or (II) under section 1834A (for tests furnished on or after January 1, 2017), the amount paid shall be equal to 80 percent (or 100 percent, in the case of such tests for which payment is made on an assignment-related basis or to a provider having an agreement under section 1866) of the lesser of the amount determined under such section or the amount of the charges billed for the tests, or (ii) ; and (iv) in clause (ii), by striking on the basis and inserting for tests furnished before January 1, 2017, on the basis ; (C) in subsection (b)(3)(B), by striking on the basis and inserting for tests furnished before January 1, 2017, on the basis ; (D) in subsection (h)(2)(A)(i), by striking and subject to and inserting and, for tests furnished before the date of enactment of section 1834A, subject to ; (E) in subsection (h)(3), in the matter preceding subparagraph (A), by striking fee schedules and inserting fee schedules (for tests furnished before January 1, 2017) or under section 1834A (for tests furnished on or after January 1, 2017), subject to subsection (b)(5) of such section ; (F) in subsection (h)(6), by striking In the case and inserting For tests furnished before January 1, 2017, in the case ; and (G) in subsection (h)(7), in the first sentence— (i) by striking and (4) and inserting and (4) and section 1834A ; and (ii) by striking under this subsection and inserting under this part . (2) Section 1869(f)(2) of the Social Security Act ( 42 U.S.C. 1395ff(f)(2) ) is amended by adding at the end the following new subparagraph: (C) Local coverage determinations for clinical diagnostic laboratory tests For provisions relating to local coverage determinations for clinical diagnostic laboratory tests, see section 1834A(g). . (c) GAO study and report; Monitoring of Medicare expenditures and implementation of new payment system for laboratory tests (1) GAO study and report on implementation of new payment rates for clinical diagnostic laboratory tests (A) Study The Comptroller General of the United States (in this subsection referred to as the Comptroller General ) shall conduct a study on the implementation of section 1834A of the Social Security Act, as added by subsection (a). The study shall include an analysis of— (i) payment rates paid by private payors for laboratory tests furnished in various settings, including— (I) how such payment rates compare across settings; (II) the trend in payment rates over time; and (III) trends by private payors to move to alternative payment methodologies for laboratory tests; (ii) the conversion to the new payment rate for laboratory tests under such section; (iii) the impact of such implementation on beneficiary access under title XVIII of the Social Security Act; (iv) the impact of the new payment system on laboratories that furnish a low volume of services and laboratories that specialize in a small number of tests; (v) the number of new Healthcare Common Procedure Coding System (HCPCS) codes issued for laboratory tests; (vi) the spending trend for laboratory tests under such title; (vii) whether the information reported by laboratories and the new payment rates for laboratory tests under such section accurately reflect market prices; (viii) the initial list price for new laboratory tests and the subsequent reported rates for such tests under such section; (ix) changes in the number of advanced diagnostic laboratory tests and laboratory tests cleared or approved by the Food and Drug Administration for which payment is made under such section; and (x) healthcare economic information on downstream cost impacts for such tests and decision making based on accepted methodologies. (B) Report Not later than October 1, 2018, the Comptroller General shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the study under subparagraph (A), including recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (2) Monitoring of Medicare expenditures and implementation of new payment system for laboratory tests The Inspector General of the Department of Health and Human Services shall— (A) publicly release an annual analysis of the top 25 laboratory tests by expenditures under title XVIII of the Social Security Act; and (B) conduct analyses the Inspector General determines appropriate with respect to the implementation and effect of the new payment system for laboratory tests under section 1834A of the Social Security Act, as added by subsection (a). 217. Revisions under the Medicare ESRD prospective payment system (a) Delay of implementation of oral-Only policy Section 632(b)(1) of the American Taxpayer Relief Act of 2012 ( 42 U.S.C. 1395rr note) is amended— (1) by striking 2016 and inserting 2024 ; and (2) by adding at the end the following new sentence: Notwithstanding section 1881(b)(14)(A)(ii) of the Social Security Act (42 U.S.C. 1395rr(b)(14)(A)(ii)), implementation of the policy described in the previous sentence shall be based on data from the most recent year available. . (b) Mitigation of the application of adjustment to ESRD bundled payment rate To account for changes in the utilization of certain drugs and biologicals (1) In general Section 1881(b)(14)(I) of the Social Security Act ( 42 U.S.C. 1395rr(b)(14)(I) ) is amended by inserting and before January 1, 2015, after January 1, 2014, . (2) Market basket Section 1881(b)(14)(F)(i) of the Social Security Act ( 42 U.S.C. 1395rr(b)(14)(F)(i) ) is amended— (A) in subclause (I)— (i) by striking subclause (II) and inserting subclauses (II) and (III) ; and (ii) by adding at the end the following new sentence: In order to accomplish the purposes of subparagraph (I) with respect to 2016, 2017, and 2018, after determining the increase factor described in the preceding sentence for each of 2016, 2017, and 2018, the Secretary shall reduce such increase factor by 1.25 percentage points for each of 2016 and 2017 and by 1 percentage point for 2018. ; (B) in subclause (II), by striking For 2012 and inserting Subject to subclause (III), for 2012 ; and (C) by adding at the end the following new subclause: (III) Notwithstanding subclauses (I) and (II), in order to accomplish the purposes of subparagraph (I) with respect to 2015, the increase factor described in subclause (I) for 2015 shall be 0.0 percent pursuant to the regulation issued by the Secretary on December 2, 2013, entitled Medicare Program; End-Stage Renal Disease Prospective Payment System, Quality Incentive Program, and Durable Medical Equipment, Prosthetics, Orthotics, and Supplies; Final Rule (78 Fed. Reg. 72156). . (c) Drug designations As part of the promulgation of annual rule for the Medicare end stage renal disease prospective payment system under section 1881(b)(14) of the Social Security Act (42 U.S.C. 1395rr(b)(14)) for calendar year 2016, the Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall establish a process for— (1) determining when a product is no longer an oral-only drug; and (2) including new injectable and intravenous products into the bundled payment under such system. (d) Quality measures related to conditions treated by oral-Only drugs under the ESRD quality incentive program Section 1881(h)(2) of the Social Security Act ( 42 U.S.C. 1395rr(h)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (ii), by striking and at the end; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following new clause: (iii) for 2016 and subsequent years, measures described in subparagraph (E)(i); and ; (2) in subparagraph (B)(i), by striking (A)(iii) and inserting (A)(iv) ; and (3) by adding at the end the following new subparagraph: (E) Measures specific to the conditions treated with oral-only drugs (i) In general The measures described in this subparagraph are measures specified by the Secretary that are specific to the conditions treated with oral-only drugs. To the extent feasible, such measures shall be outcomes-based measures. (ii) Consultation In specifying the measures under clause (i), the Secretary shall consult with interested stakeholders. (iii) Use of endorsed measures (I) In general Subject to subclause (I), any measures specified under clause (i) must have been endorsed by the entity with a contract under section 1890(a). (II) Exception If the entity with a contract under section 1890(a) has not endorsed a measure for a specified area or topic related to measures described in clause (i) that the Secretary determines appropriate, the Secretary may specify a measure that is endorsed or adopted by a consensus organization recognized by the Secretary that has expertise in clinical guidelines for kidney disease. . (e) Audits of cost reports of ESRD providers as recommended by MedPAC (1) In general The Secretary of Health and Human Services shall conduct audits of Medicare cost reports beginning during 2012 for a representative sample of providers of services and renal dialysis facilities furnishing renal dialysis services. (2) Funding For purposes of carrying out paragraph (1), the Secretary of Health and Human Services shall provide for the transfer from the Federal 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 Services Program Management Account of $18,000,000 for fiscal year 2014. Amounts transferred under this paragraph for a fiscal year shall be available until expended. 218. Quality incentives for computed tomography diagnostic imaging and promoting evidence-based care (a) Quality incentives To promote patient safety and public health in computed tomography diagnostic imaging (1) 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) Quality incentives To promote patient safety and public health in computed tomography (1) Quality incentives In the case of an applicable computed tomography service (as defined in paragraph (2)) for which payment is made under an applicable payment system (as defined in paragraph (3)) and that is furnished on or after January 1, 2016, using equipment that is not consistent with the CT equipment standard (described in paragraph (4)), the payment amount for such service shall be reduced by the applicable percentage (as defined in paragraph (5)). (2) Applicable computed tomography services defined In this subsection, the term applicable computed tomography service means a service billed using diagnostic radiological imaging codes for computed tomography (identified as of January 1, 2014, by HCPCS codes 70450–70498, 71250–71275, 72125–72133, 72191–72194, 73200–73206, 73700–73706, 74150–74178, 74261–74263, and 75571–75574 (and any succeeding codes). (3) Applicable payment system defined In this subsection, the term applicable payment system means the following: (A) The technical component and the technical component of the global fee under the fee schedule established under section 1848(b). (B) The prospective payment system for hospital outpatient department services under section 1833(t). (4) Consistency with CT equipment standard In this subsection, the term not consistent with the CT equipment standard means, with respect to an applicable computed tomography service, that the service was furnished using equipment that does not meet each of the attributes of the National Electrical Manufacturers Association (NEMA) Standard XR–29–2013, entitled Standard Attributes on CT Equipment Related to Dose Optimization and Management . Through rulemaking, the Secretary may apply successor standards. (5) Applicable percentage defined In this subsection, the term applicable percentage means— (A) for 2016, 5 percent; and (B) for 2017 and subsequent years, 15 percent. (6) Implementation (A) Information The Secretary shall require that information be provided and attested to by a supplier and a hospital outpatient department that indicates whether an applicable computed tomography service was furnished that was not consistent with the CT equipment standard (described in paragraph (4)). Such information may be included on a claim and may be a modifier. Such information shall be verified, as appropriate, as part of the periodic accreditation of suppliers under section 1834(e) and hospitals under section 1865(a). (B) Administration Chapter 35 of title 44, United States Code, shall not apply to information described in subparagraph (A). . (2) Conforming amendments (A) Prospective payment system for hospital outpatient department services Section 1833(t) of the Social Security Act (42 1395l(t)) is amended by adding at the end the following new paragraph: (20) Not budget neutral application of reduced expenditures resulting from quality incentives for computed tomography The Secretary shall not take into account the reduced expenditures that result from the application of section 1834(p) in making any budget neutrality adjustments this subsection. . (B) Physician fee schedule 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) Reduced expenditures attributable to application of quality incentives for computed tomography Effective for fee schedules established beginning with 2016, reduced expenditures attributable to the application of the quality incentives for computed tomography under section 1834(p) . (b) Promoting evidence-Based care (1) In general Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ), as amended by subsection (a), is amended by adding at the end the following new subsection: (q) 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 for an individual. 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. (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. (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 criterion applies with respect to an applicable imaging service, the Secretary shall apply 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 is more than one applicable appropriate use criterion 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) 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. . (2) 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(q). . (3) 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. 219. Using funding from Transitional Fund for Sustainable Growth Rate (SGR) Reform Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) ) is amended by striking $2,300,000,000 and inserting $0 . 220. 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 2017 through 2020, 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 2017. (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 2017, 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 2017, for services that are not new or revised codes, 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 ). 221. Medicaid DSH (a) Modifications of reductions to allotments Section 1923(f) of the Social Security Act ( 42 U.S.C. 1396r–4(f) ) is amended— (1) in paragraph (7)(A)— (A) in clause (i), by striking 2016 through 2020 and inserting 2017 through 2024 ; and (B) in clause (ii), by striking subclauses (I) through (IV), and inserting the following: (I) $1,800,000,000 for fiscal year 2017; (II) $4,700,000,000 for fiscal year 2018; (III) $4,700,000,000 for fiscal year 2019; (IV) $4,700,000,000 for fiscal year 2020; (V) $4,800,000,000 for fiscal year 2021; (VI) $5,000,000,000 for fiscal year 2022; (VII) $5,000,000,000 for fiscal year 2023; and (VIII) $4,400,000,000 for fiscal year 2024. ; and (2) by striking paragraph (8) and inserting the following: (8) Calculation of DSH allotments after reductions period The DSH allotment for a State for fiscal years after fiscal year 2024 shall be calculated under paragraph (3) without regard to paragraph (7). . (b) MACPAC review and report Section 1900(b)(6) of the Social Security Act ( 42 U.S.C. 1396(b)(6) ) is amended— (1) by striking MACPAC shall consult and inserting the following: (A) In general MACPAC shall consult ; and (2) by adding at the end the following: (B) Review and reports regarding Medicaid DSH (i) In general MACPAC shall review and submit an annual report to Congress on disproportionate share hospital payments under section 1923. Each report shall include the information specified in clause (ii). (ii) Required report information Each report required under this subparagraph shall include the following: (I) Data relating to changes in the number of uninsured individuals. (II) Data relating to the amount and sources of hospitals' uncompensated care costs, including the amount of such costs that are the result of providing unreimbursed or under-reimbursed services, charity care, or bad debt. (III) Data identifying hospitals with high levels of uncompensated care that also provide access to essential community services for low-income, uninsured, and vulnerable populations, such as graduate medical education, and the continuum of primary through quarternary care, including the provision of trauma care and public health services. (IV) State-specific analyses regarding the relationship between the most recent State DSH allotment and the projected State DSH allotment for the succeeding year and the data reported under subclauses (I), (II), and (III) for the State. (iii) Data Notwithstanding any other provision of law, the Secretary regularly shall provide MACPAC with the most recent State reports and most recent independent certified audits submitted under section 1923(j), cost reports submitted under title XVIII, and such other data as MACPAC may request for purposes of conducting the reviews and preparing and submitting the annual reports required under this subparagraph. (iv) Submission deadlines The first report required under this subparagraph shall be submitted to Congress not later than February 1, 2016. Subsequent reports shall be submitted as part of, or with, each annual report required under paragraph (1)(C) during the period of fiscal years 2017 through 2024. . 222. Realignment of the Medicare sequester for fiscal year 2024 Paragraph (6) (relating to implementing direct spending reductions) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) is amended by adding at the end the following new subparagraph: (D) Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2024 shall be applied to such payments so that— (i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 4.0 percent; and (ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 0.0 percent. . 223. Demonstration programs to improve community mental health services (a) Criteria for certified community behavioral health clinics To participate in demonstration programs (1) Publication Not later than September 1, 2015, the Secretary shall publish criteria for a clinic to be certified by a State as a certified community behavioral health clinic for purposes of participating in a demonstration program conducted under subsection (d). (2) Requirements The criteria published under this subsection shall include criteria with respect to the following: (A) Staffing Staffing requirements, including criteria that staff have diverse disciplinary backgrounds, have necessary State-required license and accreditation, and are culturally and linguistically trained to serve the needs of the clinic's patient population. (B) Availability and accessibility of services Availability and accessibility of services, including crisis management services that are available and accessible 24 hours a day, the use of a sliding scale for payment, and no rejection for services or limiting of services on the basis of a patient's ability to pay or a place of residence. (C) Care coordination Care coordination, including requirements to coordinate care across settings and providers to ensure seamless transitions for patients across the full spectrum of health services including acute, chronic, and behavioral health needs. Care coordination requirements shall include partnerships or formal contracts with the following: (i) Federally-qualified health centers (and as applicable, rural health clinics) to provide Federally-qualified health center services (and as applicable, rural health clinic services) to the extent such services are not provided directly through the certified community behavioral health clinic. (ii) Inpatient psychiatric facilities and substance use detoxification, post-detoxification step-down services, and residential programs. (iii) Other community or regional services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies and facilities, Indian Health Service youth regional treatment centers, State licensed and nationally accredited child placing agencies for therapeutic foster care service, and other social and human services. (iv) Department of Veterans Affairs medical centers, independent outpatient clinics, drop-in centers, and other facilities of the Department as defined in section 1801 of title 38, United States Code. (v) Inpatient acute care hospitals and hospital outpatient clinics. (D) Scope of services Provision (in a manner reflecting person-centered care) of the following services which, if not available directly through the certified community behavioral health clinic, are provided or referred through formal relationships with other providers: (i) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. (ii) Screening, assessment, and diagnosis, including risk assessment. (iii) Patient-centered treatment planning or similar processes, including risk assessment and crisis planning. (iv) Outpatient mental health and substance use services. (v) Outpatient clinic primary care screening and monitoring of key health indicators and health risk. (vi) Targeted case management. (vii) Psychiatric rehabilitation services. (viii) Peer support and counselor services and family supports. (ix) Intensive, community-based mental health care for members of the armed forces and veterans, particularly those members and veterans located in rural areas, provided the care is consistent with minimum clinical mental health guidelines promulgated by the Veterans Health Administration including clinical guidelines contained in the Uniform Mental Health Services Handbook of such Administration. (E) Quality and other reporting Reporting of encounter data, clinical outcomes data, quality data, and such other data as the Secretary requires. (F) Organizational authority Criteria that a clinic be a non-profit or part of a local government behavioral health authority or operated under the authority of the Indian Health Service, an Indian tribe or tribal organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination Act ( 25 U.S.C. 450 et seq. ), or an urban Indian organization pursuant to a grant or contract with the Indian Health Service under title V of the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (b) Guidance on development of prospective payment system for testing under demonstration programs (1) In general Not later than September 1, 2015, the Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, shall issue guidance for the establishment of a prospective payment system that shall only apply to medical assistance for mental health services furnished by a certified community behavioral health clinic participating in a demonstration program under subsection (d). (2) Requirements The guidance issued by the Secretary under paragraph (1) shall provide that— (A) no payment shall be made for inpatient care, residential treatment, room and board expenses, or any other non-ambulatory services, as determined by the Secretary; and (B) no payment shall be made to satellite facilities of certified community behavioral health clinics if such facilities are established after the date of enactment of this Act. (c) Planning grants (1) In general Not later than January 1, 2016, the Secretary shall award planning grants to States for the purpose of developing proposals to participate in time-limited demonstration programs described in subsection (d). (2) Use of funds A State awarded a planning grant under this subsection shall— (A) solicit input with respect to the development of such a demonstration program from patients, providers, and other stakeholders; (B) certify clinics as certified community behavioral health clinics for purposes of participating in a demonstration program conducted under subsection (d); and (C) establish a prospective payment system for mental health services furnished by a certified community behavioral health clinic participating in a demonstration program under subsection (d) in accordance with the guidance issued under subsection (b). (d) Demonstration programs (1) In general Not later than September 1, 2017, the Secretary shall select States to participate in demonstration programs that are developed through planning grants awarded under subsection (c), meet the requirements of this subsection, and represent a diverse selection of geographic areas, including rural and underserved areas. (2) Application requirements (A) In general The Secretary shall solicit applications to participate in demonstration programs under this subsection solely from States awarded planning grants under subsection (c). (B) Required information An application for a demonstration program under this subsection shall include the following: (i) The target Medicaid population to be served under the demonstration program. (ii) A list of participating certified community behavioral health clinics. (iii) Verification that the State has certified a participating clinic as a certified community behavioral health clinic in accordance with the requirements of subsection (b). (iv) A description of the scope of the mental health services available under the State Medicaid program that will be paid for under the prospective payment system tested in the demonstration program. (v) Verification that the State has agreed to pay for such services at the rate established under the prospective payment system. (vi) Such other information as the Secretary may require relating to the demonstration program including with respect to determining the soundness of the proposed prospective payment system. (3) Number and length of demonstration programs Not more than 8 States shall be selected for 2-year demonstration programs under this subsection. (4) Requirements for selecting demonstration programs (A) In general The Secretary shall give preference to selecting demonstration programs where participating certified community behavioral health clinics— (i) provide the most complete scope of services described in subsection (a)(2)(D) to individuals eligible for medical assistance under the State Medicaid program; (ii) will improve availability of, access to, and participation in, services described in subsection (a)(2)(D) to individuals eligible for medical assistance under the State Medicaid program; (iii) will improve availability of, access to, and participation in assisted outpatient mental health treatment in the State; or (iv) demonstrate the potential to expand available mental health services in a demonstration area and increase the quality of such services without increasing net Federal spending. (5) Payment for medical assistance for mental health services provided by certified community behavioral health clinics (A) In general The Secretary shall pay a State participating in a demonstration program under this subsection the Federal matching percentage specified in subparagraph (B) for amounts expended by the State to provide medical assistance for mental health services described in the demonstration program application in accordance with paragraph (2)(B)(iv) that are provided by certified community behavioral health clinics to individuals who are enrolled in the State Medicaid program. Payments to States made under this paragraph shall be considered to have been under, and are subject to the requirements of, section 1903 of the Social Security Act ( 42 U.S.C. 1396b ). (B) Federal matching percentage The Federal matching percentage specified in this subparagraph is with respect to medical assistance described in subparagraph (A) that is furnished— (i) to a newly eligible individual described in paragraph (2) of section 1905(y) of the Social Security Act ( 42 U.S.C. 1396d(y) ), the matching rate applicable under paragraph (1) of that section; and (ii) to an individual who is not a newly eligible individual (as so described) but who is eligible for medical assistance under the State Medicaid program, the enhanced FMAP applicable to the State. (C) Limitations (i) In general Payments shall be made under this paragraph to a State only for mental health services— (I) that are described in the demonstration program application in accordance with paragraph (2)(iv); (II) for which payment is available under the State Medicaid program; and (III) that are provided to an individual who is eligible for medical assistance under the State Medicaid program. (ii) Prohibited payments No payment shall be made under this paragraph— (I) for inpatient care, residential treatment, room and board expenses, or any other non-ambulatory services, as determined by the Secretary; or (II) with respect to payments made to satellite facilities of certified community behavioral health clinics if such facilities are established after the date of enactment of this Act. (6) Waiver of statewideness requirement The Secretary shall waive section 1902(a)(1) of the Social Security Act ( 42 U.S.C. 1396a(a)(1) ) (relating to statewideness) as may be necessary to conduct demonstration programs in accordance with the requirements of this subsection. (7) Annual reports (A) In general Not later than 1 year after the date on which the first State is selected for a demonstration program under this subsection, and annually thereafter, the Secretary shall submit to Congress an annual report on the use of funds provided under all demonstration programs conducted under this subsection. Each such report shall include— (i) an assessment of access to community-based mental health services under the Medicaid program in the area or areas of a State targeted by a demonstration program compared to other areas of the State; (ii) an assessment of the quality and scope of services provided by certified community behavioral health clinics compared to community-based mental health services provided in States not participating in a demonstration program under this subsection and in areas of a demonstration State that are not participating in the demonstration program; and (iii) an assessment of the impact of the demonstration programs on the Federal and State costs of a full range of mental health services (including inpatient, emergency and ambulatory services). (B) Recommendations Not later than December 31, 2021, the Secretary shall submit to Congress recommendations concerning whether the demonstration programs under this section should be continued, expanded, modified, or terminated. (e) Definitions In this section: (1) Federally-qualified health center services; Federally-qualified health center; rural health clinic services; rural health clinic The terms Federally-qualified health center services , Federally-qualified health center , rural health clinic services , and rural health clinic have the meanings given those terms in section 1905(l) of the Social Security Act (42 U.S.C. 1396d(l)). (2) Enhanced FMAP The term enhanced FMAP has the meaning given that term in section 2105(b) of the Social Security Act (42 U.S.C. 1397dd(b)) but without regard to the second and third sentences of that section. (3) Secretary The term Secretary means the Secretary of Health and Human Services. (4) State The term State has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (f) Funding (1) In general Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary— (A) for purposes of carrying out subsections (a), (b), and (d)(7), $2,000,000 for fiscal year 2014; and (B) for purposes of awarding planning grants under subsection (c), $25,000,000 for fiscal year 2016. (2) Availability Funds appropriated under paragraph (1) shall remain available until expended. 224. Assisted outpatient treatment grant program for individuals with serious mental illness (a) In general The Secretary shall establish a 4-year pilot program to award not more than 50 grants each year to eligible entities for assisted outpatient treatment programs for individuals with serious mental illness. (b) Consultation The Secretary shall carry out this section in consultation with the Director of the National Institute of Mental Health, the Attorney General of the United States, the Administrator of the Administration for Community Living, and the Administrator of the Substance Abuse and Mental Health Services Administration. (c) Selecting among applicants The Secretary— (1) may only award grants under this section to applicants that have not previously implemented an assisted outpatient treatment program; and (2) shall evaluate applicants based on their potential to reduce hospitalization, homelessness, incarceration, and interaction with the criminal justice system while improving the health and social outcomes of the patient. (d) Use of grant An assisted outpatient treatment program funded with a grant awarded under this section shall include— (1) evaluating the medical and social needs of the patients who are participating in the program; (2) preparing and executing treatment plans for such patients that— (A) include criteria for completion of court-ordered treatment; and (B) provide for monitoring of the patient’s compliance with the treatment plan, including compliance with medication and other treatment regimens; (3) providing for such patients case management services that support the treatment plan; (4) ensuring appropriate referrals to medical and social service providers; (5) evaluating the process for implementing the program to ensure consistency with the patient’s needs and State law; and (6) measuring treatment outcomes, including health and social outcomes such as rates of incarceration, health care utilization, and homelessness. (e) Report Not later than the end of each of fiscal years 2016, 2017, and 2018, the Secretary shall submit a report to the appropriate congressional committees on the grant program under this section. Each such report shall include an evaluation of the following: (1) Cost savings and public health outcomes such as mortality, suicide, substance abuse, hospitalization, and use of services. (2) Rates of incarceration by patients. (3) Rates of homelessness among patients. (4) Patient and family satisfaction with program participation. (f) Definitions In this section: (1) The term assisted outpatient treatment means medically prescribed mental health treatment that a patient receives while living in a community under the terms of a law authorizing a State or local court to order such treatment. (2) The term eligible entity means a county, city, mental health system, mental health court, or any other entity with authority under the law of the State in which the grantee is located to implement, monitor, and oversee assisted outpatient treatment programs. (3) The term Secretary means the Secretary of Health and Human Services. (g) Funding (1) Amount of grants A grant under this section shall be in an amount that is not more than $1,000,000 for each of fiscal years 2015 through 2018. Subject to the preceding sentence, the Secretary shall determine the amount of each grant based on the population of the area, including estimated patients, to be served under the grant. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2015 through 2018. 225. Exclusion from PAYGO scorecards (a) Statutory Pay-As-You-Go scorecards The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO scorecards The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4302ih/xml/BILLS-113hr4302ih.xml
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113-hr-4303
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I 113th CONGRESS 2d Session H. R. 4303 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. O’Rourke (for himself, Mr. Pearce , and Mr. Vela ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on the Judiciary 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 increase transparency, accountability, and community engagement within U.S. Customs and Border Protection, provide independent oversight of border security activities, improve training for U.S. Customs and Border Protection agents and officers, and for other purposes.
1. Short title This Act may be cited as the Border Enforcement Accountability, Oversight, and Community Engagement Act of 2014 . 2. Stakeholder and community engagement (a) Department of Homeland Security Border Oversight Commission (1) Establishment There is established an independent commission, which shall be known as the Department of Homeland Security Border Oversight Commission (in this Act referred to as the Commission ). (2) Organization (A) Leadership The Commission shall be led by a Chair and Vice Chair. (B) Subcommittees (i) In general The Chair shall establish within the Commission two subcommittees that will be comprised of representatives from each State on the northern border and each State on the southern border. (ii) Northern border subcommittee The northern border subcommittee shall consist of ten members from the northern border region, including at least one uniformed agent or officer of U.S. Customs and Border Protection, in accordance with subparagraph (C). (iii) Southern border subcommittee The southern border subcommittee shall consist of ten members from the southern border region, including at least one uniformed agent or officer of U.S. Customs and Border Protection, in accordance with subparagraph (C). (iv) Election Members of the northern and southern border subcommittees shall elect the Chair and Vice Chair of the Commission from among its members. The Chair and Vice Chair may not be from the same subcommittee. (C) Appointment process Members of the Commission shall be appointed as follows: (i) The President shall appoint four representatives from the northern border region and four representatives from the southern border region. (ii) The House Speaker shall appoint three representatives from the northern border region and three representatives from the southern border region. (iii) The Senate Majority Leader shall appoint three representatives from the northern border region and three representatives from the southern border region. (D) Appointment deadline Members of the Commission shall be appointed not later than 180 days after the date of the enactment of this Act. (E) Terms of office The Chair and Vice Chair of the Commission shall serve for terms of four years. Members of the northern border and southern border subcommittees shall serve for terms of four years. (3) Qualifications Membership on the Commission and its subcommittees shall to the greatest extent possible include security experts, training experts, civil rights and civil liberties experts, representatives of faith based organizations, officials from local law enforcement on the northern and southern borders, officials from local government on the northern and southern borders, and business and civic organizations along the northern and southern borders. (4) Meetings (A) Commission The Commission shall meet at least semiannually, and may convene additional meetings as necessary. (B) Subcommittees The northern border and southern border subcommittees shall meet at least quarterly, and may convene additional meetings as necessary. (5) Duties The Commission, and the northern border and southern border subcommittees, shall— (A) develop recommendations for improvements regarding border enforcement policies, strategies, and programs that take into consideration their impact on border communities; (B) evaluate policies, strategies, and programs of Federal agencies operating along the northern and southern borders to— (i) protect— (I) due process; (II) the civil and human rights of border residents and visitors; and (III) private property rights of land owners; (ii) reduce the number of migrant deaths; and (iii) improve the safety of agents and officers of U.S. Customs and Border Protection; (C) develop recommendations for improvements regarding the safety of agents and officers of U.S. Customs and Border Protection when such agents and officers are in the field; and (D) evaluate training, including establishing training courses related to management and leadership skills for supervisors in each Border Patrol sector and at each port of entry on the northern and southern borders, the extent to which supervisory and management personnel practices at U.S. Customs and Border Protection encourage and facilitate workforce development for agents and officers, promote agent and officer field safety, and post-FLETC training of border enforcement personnel in accordance with section 6. (6) Additional responsibilities (A) In general In carrying out the duties specified in paragraph (5), the Commission shall take into consideration any recommendations and evaluations agreed upon by the northern border and southern border subcommittees. (B) Subcommittee reports The northern border and southern border subcommittees shall annually submit to the Chair and Vice Chair of the Commission a publically available report containing the recommendations and evaluations of the subcommittees pursuant to paragraph (5). (7) Prohibition on compensation Members of the Commission and the northern border and southern border subcommittees may not receive pay, allowances, or benefits from the Government by reason of their service on the Commission or the subcommittees. (b) Powers of the Commission (1) In general (A) Hearings and evidence The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act— (i) hold such hearings, and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, and (ii) subject to subparagraph (B), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member determines necessary to carry out its duties under subsection (a)(5). (B) Subpoenas (i) Issuance A subpoena may be issued under this subsection only by— (I) the Chair and Vice Chair of the Commission; or (II) a recorded vote of two-thirds of the members of the northern border or southern border subcommittees, as the case may be. (ii) Service Subpoenas issued under this subsection may be served by— (I) any person designated by the Chair or the Vice Chair of the Commission; or (II) any member of the Commission designated by a majority of the Commission. (iii) Enforcement (I) In general In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as contempt of that court. (II) Additional measures In the case of any failure of an individual to comply with any subpoena issued under this section, the Commission, may, by a majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney. (iv) Limitation A subpoena may be issued only if the Commission certifies to the Secretary of Homeland Security that such issuance is necessary to carry out its duties under subsection (a)(5), and that all reasonable efforts will be taken to limit the disclosure of personally identifiable information to the greatest extent possible. (c) Savings provision Nothing in this Act may be construed as affecting in any manner the investigative and disciplinary procedures of U.S. Customs and Border Protection or the Department of Homeland Security with respect to agents and officers of U.S. Customs and Border Protection. (d) Reports (1) Annual reports The Commission shall annually submit to the Secretary of Homeland Security a publically available report containing information on the activities, findings, and recommendations of the Commission, including the northern border and southern border subcommittees, for the preceding year. (2) Congressional notification The Secretary of Homeland Security shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on each report required under paragraph (1). 3. Establishment of the Office of the Ombudsman for Border and Immigration Related Concerns (a) In general Section 452 of the Homeland Security Act of 2002 ( 6 U.S.C. 272 ) is amended to read as follows: 452. Ombudsman for Border and Immigration Related Concerns (a) In general There shall be within the Department an Ombudsman for Border and Immigration Related Concerns (in this section referred to as the Ombudsman ). The individual appointed as Ombudsman shall have a background in immigration or civil liberties law or law enforcement. The Ombudsman shall report directly to the Secretary. (b) Organizational independence The Secretary shall take appropriate action to ensure the independence of the Ombudsman’s office from other officers or employees of the Department engaged in border security or immigration activities. (c) Staffing The Secretary shall take appropriate action to ensure that the Ombudsman’s office is sufficiently staffed and resourced to carry out its duties effectively and efficiently. (d) Functions The functions of the Ombudsman shall be as follows: (1) To establish an independent, neutral, and appropriately confidential process to receive, investigate, resolve, and provide redress, including immigration relief, monetary damages, or any other action determined appropriate, for complaints, grievances, or requests for assistance from individuals, associations, and employers regarding the border security and immigration activities of the Department. (2) To conduct inspections of the facilities, including contract facilities, of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services. (3) To assist individuals and families who have been victims of crimes committed by aliens or of violence near the United States border, and individuals and families impacted by situations in which the Department has exercised force. (4) To identify areas in which individuals, associations, and employers have identified concerns with respect to interacting with U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or U.S. Citizenship and Immigration Services. (5) To propose changes in the administrative practices of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services to mitigate problems identified under this section. (6) To review, examine, and make recommendations regarding the border security and immigration and enforcement activities of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services. (7) To establish a uniform and standardized complaint process regarding complaints against all Customs and Border Protection officers, Border Patrol agents, and CBP Agricultural Specialists for violations of standards of professional conduct. Such complaint process shall have the following components: (A) Require that all complaints receive an independent review and investigation completed not later than one year from the date of receipt of each such complaint. (B) Require that complainants receive written confirmation of receipt of their complaints not later than 90 days from the date of receipt of each such complaint, and a written summary regarding the outcome of such complaints not later than one year after such date of receipt, including findings of fact, recommended action, and available redress. (C) Feature a centralized multilingual online complaint form that includes street address, toll-free telephone number, and electronic mailbox address to permit an individual to file an immigration or border-related complaint and submit supporting evidence through the portal of choice of any such individual. Information relating to such form shall be visible at ports of entry and at Border Patrol interior checkpoints. (D) Include procedures for referring complaints to the Office for Civil Rights and Civil Liberties, Office of the Inspector General, or other appropriate agency of the Department of Homeland Security. (E) Establish a publicly accessible national, standardized database capable of tracking and analyzing complaints and their resolution. (F) Provide publicly accessible records, with copies of complaints, and their resolutions permanently preserved and available for inspection, while maintaining the confidentiality of complainants’ identities. (8) To establish an online detainee locator system for individuals held in U.S. Customs and Border Protection custody. (e) Other responsibilities In addition to the functions specified in subsection (d), the Ombudsman shall— (1) monitor the coverage and geographic allocation of local offices of the Ombudsman, including appointing local ombudsmen for border and immigration related concerns; (2) evaluate and take personnel actions (including dismissal) with respect to any employee of the Ombudsman; (3) recommend disciplinary action, including contract termination, suspension, and debarment, or termination, suspension, and sanctions, to the appropriate departmental entity regarding any contractor proven to have violated departmental policies or procedures while executing any border security or immigration activity; (4) refer to the Inspector General of the Department any complaints of the violation of departmental policies or procedures by any Department employee relating to border security or immigration activity; and (5) provide a complainant with a summary of the outcome of any action taken in response to a complaint, grievance, or request for assistance from such complainant, including any findings of fact, recommended action, and available redress. (f) Complainants The following shall apply to all complainants: (1) Any interested party, including a legal representative, may file a complaint through the complaint procedure pursuant to subsection (d)(7). (2) Complainants and other individuals identified in a complaint shall be protected from retaliatory action by law enforcement or by any officer of the United States based on the content of such complaint, and no information contained in a complaint that is germane to such complaint may be used as evidence in any removal or criminal proceedings against the complainant or any individual identified in such complaint. (3) Neither the filing of a complaint nor the contents of a complaint shall in any way confer immunity or otherwise impact any removal or criminal proceedings against a complainant or an individual identified in such complaint. (4) No personally identifiable information related to an individual involved in a complaint which would result in identification of such individual may be published. (5) Complainants shall receive full assistance from the Department in filing complaints, including language assistance, accommodations for disabilities, and accurate and complete responses to their questions. (g) Request for investigations The Ombudsman is authorized to request the Inspector General of the Department to conduct inspections, investigations, and audits related to subsections (d), (e), and (f). (h) Coordination with Department components (1) In general The Director of U.S. Citizenship and Immigration Services, the Assistant Secretary of Immigration and Customs Enforcement, and the Commissioner of Customs and Border Protection shall each establish procedures to provide formal responses to recommendations submitted to such officials by the Ombudsman within 60 days of receiving such recommendations. (2) Access to information The Secretary shall establish procedures to provide the Ombudsman access to all departmental records necessary to execute the responsibilities of the Ombudsman under subsection (d) or (e) not later than 60 days after a request from the Ombudsman for such information. (i) Public outreach The Secretary shall— (1) take all appropriate action to advise the public regarding the existence, duties, responsibilities, and grievance processes of the Ombudsman’s office; and (2) shall promulgate regulations to ensure— (A) the public’s ability to file grievances with the Ombudsman’s office electronically; and (B) that absent written permission of all affected parties, all documents submitted to the Ombudsman’s office are used solely by the Ombudsman’s office to advance the purposes described in this section. (j) Annual reporting Not later than June 30 of each year beginning in the year after the date of the enactment of this subsection, the Ombudsman shall submit to the appropriate congressional committees a report that includes the following: (1) The number and type of complaints received in each Border Patrol sector, the demographics of complainants, the results of investigations, including violations of standards and any disciplinary actions taken, and an identification of any complaint patterns that could be prevented or reduced by policy training or practice changes. (2) An inventory of complaints referred to in paragraph (1) for which action has been taken and the time between receipt and resolution of each such complaint. (3) An inventory of complaints referred to in paragraph (1) for which action has not been taken after one year, the period during which each complaint has been open, and the reason for failure to resolve each such complaint. (4) Recommendations the Ombudsman has made to improve the services and responsiveness of U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection, and any responses received from each such component or the Department regarding such recommendations (5) Other information as the Ombudsman determines advisable. (k) Establishment of Border Communities Liaison Office (1) In general The Ombudsman, in conjunction with the Office for Civil Rights and Civil Liberties of the Department, shall establish a Border Community Liaison Office (in this subsection referred to as the Liaison Office ) in each Border Patrol sector on the northern and southern borders. (2) Purposes Each Liaison Office under this subsection shall— (A) foster cooperation between the Border Patrol, the Office of Field Operations of the Department, and border communities; (B) consult with border communities on the development of policies, directives, and programs of the Border Patrol and the Office of Field Operations; and (C) receive feedback from border communities on the performance of the Border Patrol and the Office of Field Operations. (3) Membership Each Liaison Office shall be comprised of equal representation from the community and U.S. Customs and Border Protection, including at least: (A) One member of the community in which each Border Patrol sector is located who has expertise in migration, local public safety, civil and human rights, the local community, or community relations. (B) One non-uniformed Border Patrol agent with significant experience working for the Border Patrol. (C) One non-uniformed CBP officer with significant experience working for U.S. Customs and Border Protection. (l) Report on the impact of border enforcement technologies and operations on border communities Not later than 180 days after the date of the enactment of this subsection, the Secretary shall submit to the appropriate congressional committees a report that assesses current efforts and technologies used at United States borders, and the impact on border communities of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties. (m) GAO report on the extent of CBP activities, operations, and claimed authority Not later than one year after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that assesses the following issues: (1) How far into the United States interior the current activities, operations (including checkpoints), and claimed authority of U.S. Customs and Border Protection extend. (2) The extent to which the area of activities, operations, and claimed authority referred to in paragraph (1) is necessary. (3) The effectiveness of U.S. Customs and Border Protection’s interior enforcement and its impact on civil, constitutional, and private property rights. . (b) Clerical amendment The table of contents of the Homeland Security Act of 2002 is amended by amending the item relating to section 452 to read as follows: Sec. 452. Ombudsman for Border and Immigration Related Concerns. . 4. Training and continuing education (a) Mandatory training and continuing education To promote CBP agent and officer safety and professionalism The Secretary of Homeland Security shall establish policies and guidelines to ensure that every agent and officer of U.S. Customs and Border Protection receives a minimum of 19 weeks of training that are directly related to the mission of the Border Patrol and the Office of Field Operations before the initial assignment of such agents and officers, and eight hours of training and continuing education annually thereafter. Such training and continuing education shall be conducted by attorneys who have experience with the Fourth Amendment to the Constitution, including appropriate application of the use of force by agents and officers of U.S. Customs and Border Protection. Such attorneys shall be members of the Department of Homeland Security’s Office of General Counsel, and all instruction provided shall be in alignment with curriculum developed and endorsed by FLETC. (b) FLETC The Secretary of Homeland Security shall establish policies and guidelines governing training with FLETC and continuing education of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement regarding border awareness, accountability, and oversight. Such training with FLETC shall include individual courses for each of the following issues: (1) Community relations, including the following: (A) Best practices in community policing. (B) Policies limiting location of enforcement and cooperation with local law enforcement. (C) Best practices in responding to grievances and how to refer complaints to the Ombudsman for Border and Immigration Related Concerns in accordance with section 452 of the Homeland Security Act of 2002, as amended by section 3 of this Act. (2) Interdiction, including the following: (A) Instruction on formal and proper command language. (B) Situational awareness of what language is appropriate. (C) Legal application of use of force policies and guidelines. (D) Policies and training scenarios necessary to ensure the agent or officer and the community is safe when intervening in situations in urban areas, including— (i) scenario-based training and guidelines; and (ii) non-lethal force training and certification on at least one non-lethal force instrument, including tasers. (E) Policies necessary to ensure the agent or officer and the community is safe when intervening in situations in rural and remote locations. (3) Vulnerable populations, including instruction on screening, identifying, and responding to vulnerable populations, such as children and victims of human trafficking. (4) Cultural and societal issues, including the following: (A) Understanding of the diversity of immigrant communities. (B) Language and basic cultural awareness of major migrant-sending countries. (C) Natural resource protection and environmental policies along the border. (D) Privacy considerations regarding border-related technologies. (5) Standards of professional conduct, including the following: (A) Lawful use of force. (B) Complying with chain of command and lawful orders. (C) Conduct and ethical behavior toward the public in a civil and professional manner. (D) Respect for civil rights and protection of the well-being of individuals. (c) Supervisor training In addition to the training and continuing education required under subsections (a) and (b), the Secretary of Homeland Security shall establish policies and guidelines governing the continuing education of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who attain a supervisory or management position. Such training and continuing education shall include the following: (1) Instruction relating to management and leadership best practices. (2) Refresher instruction or in-service training relating to legal application of use of force policies and guidelines, intervention, community relations, and professional conduct. (3) Mitigation training to identify, diagnose, and address issues within such supervisory and management roles. (d) Review process The Secretary of Homeland Security shall establish a review process to ensure that port supervisors and managers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, as the case may be, are evaluated annually on their actions and standards of conduct, and on the actions, situational and educational development, and standards of conduct of their staffs. (e) Continuing education (1) In general The Secretary of Homeland Security shall annually require all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who are required to undergo training under subsections (a) through (c) to participate in continuing education to maintain and update understanding of Federal legal rulings, court decisions, and Department of Homeland Security policies, procedures, and guidelines related to the subject matters described in such subsections. (2) Constitutional authority subject matter Continuing education under this subsection shall include a course on protecting the civil, constitutional, human, and privacy rights of individuals, with special emphasis on the scope of enforcement authority, including chain of evidence practices and document seizure, and use of force policies available to agents and officers. (3) Additional subject matters Continuing education under this subsection shall also include a course on the following: (A) Scope of authority to conduct immigration enforcement activities, including interviews, interrogations, stops, searches, arrests, and detentions, in addition to identifying and detecting fraudulent documents. (B) Identifying, screening, and responsibility for vulnerable populations, such as children and victims of trafficking. (C) Cultural and societal issues, including understanding of the diversity of immigrant communities, language and basic cultural awareness of major migrant-sending countries, and natural resource protection and environmental policies along the border. (4) Administration Courses offered as part of continuing education under this subsection shall— (A) be administered in consultation with FLETC by the individual Border Patrol sectors and the Office of Field Operations of the Department of Homeland Security in order to provide such sectors field offices with flexibility to design or tailor such courses to the specific needs and conditions of each such sector and field office; and (B) be approved by the Secretary of Homeland Security before being offered to ensure that such courses satisfy the requirements for training under this section. (5) Rotation Courses offered as part of continuing education under this subsection shall include— (A) a yearly course focusing on the curriculum described in paragraph (2); and (B) an additional course to be rotated on a three-year basis focusing on curriculum described in paragraph (3). (f) Assessment Not later than six years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that assesses the training and education, including continuing education, required under this section. 5. Management of ports of entry (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains an assessment of the current standards and guidelines for managing ports of entry under the control of the Department of Homeland Security. Such assessment shall include information relating to the following: (1) Staffing levels and the need for additional staffing. (2) Rules governing the actions of Office of Field Operations agents. (3) Average delays for transit through air, land, and sea ports of entry. (4) An assessment of existing efforts and technologies used for border security, and the effect of the use of such efforts and technologies on facilitating trade at ports of entry and their impact on civil rights, private property rights, privacy rights, and civil liberties. (5) The economic impact of the policies and practices of CBP Agricultural Specialists and Office of Field Operations work. (6) Physical infrastructure and technological needs at ports of entry. (b) Updates Based upon the information and assessment contained in the report required under subsection (a), the Secretary of Homeland Security shall establish updated guidelines and standards for managing ports of entry under the control of the Department of Homeland Security to address any identified needs or shortcomings at such ports of entry, including, if applicable, the following: (1) Increasing levels of staffing of CBP Agricultural Specialists at ports of entry at which delays hinder or negatively impact the local or national economies. (2) Increasing the use of or updating technology at ports of entry at which there are average delays of over two hours based on CBP data collected during the previous fiscal year. (3) Publishing rules on the handling of documents at ports of entry. (4) Establishing standards of conduct and demeanor when interacting with vulnerable populations, such as children and victims of human trafficking, and individuals with border crossing cards. (5) Establishing training courses relating to management and leadership skills for supervisors and managers at ports of entry. 6. Reporting requirements (a) CBP report on migrant deaths Not later than 180 days after the date of the enactment of this Act, the Commissioner of Customs and Border Protection shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report relating to deaths occurring along the United States-Mexico border, including information on the following: (1) The number of documented migrant deaths. (2) A geographical breakdown of where such migrant deaths occur. (3) To the extent possible, the cause of death for each migrant. (4) The extent to which border technology, physical barriers, and enforcement programs have contributed to such migrant deaths. (5) A detailed description of U.S. Customs and Border Protection programs or plans to reduce the number of migrant deaths along the border, including an assessment on the effectiveness of water supply sites and rescue beacons. (b) GAO report on migrant deaths Not later than 90 days after the submission of the report required under subsection (a), the Comptroller General of the United States shall review such report to determine the following: (1) The validity of U.S. Customs and Border Protection’s statistical analysis of migrant deaths. (2) The extent to which U.S. Customs and Border Protection has adopted simple and low-cost measures, such as water supply sites and rescue beacons, to reduce the frequency of migrants deaths. (3) The extent to which U.S. Customs and Border Protection measures the effectiveness of its programs to address the frequency of migrant deaths. (4) The extent of data and information sharing and cooperation between U.S. Customs and Border Protection, local and State law enforcement, foreign diplomatic and consular posts, and nongovernmental organizations to accurately identify deceased individuals and notify family members and compare information to missing persons registries. (c) GAO report on use of force (1) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall examine the extent to which U.S. Customs and Border Protection has clarified use of force policies, including the following (and any recommendations related to the following): (A) The extent to which U.S. Customs and Border Protection has implemented new training tactics to improve use of force policies, including how the use of force policy conforms to Department of Homeland Security and Federal law enforcement best practices. (B) The extent to which U.S. Customs and Border Protection has identified additional or alternative weapons and equipment to improve agents’ and officers’ abilities to de-escalate confrontations, including protective gear. (C) Efforts to review and enhance current training and tactics related to use of force, and to implement reforms to ensure agents and officers are better equipped to assess and respond to threats. (D) The extent to which U.S. Customs and Border Protection has established a stakeholder engagement framework to better inform and enhance U.S. Customs and Border Protection’s use of force training. (E) The extent to which U.S. Customs and Border Protection has established metrics to track the effectiveness of use of force training and to ensure the reporting of all uses of force for review to determine whether the force used was justified and whether it could have been avoided through different tactics or training, better supervision, different tools, adherence to policy, or changes in policy. (F) How U.S. Customs and Border Protection could implement best law enforcement practices to improve policies for transparent communication with family members of individuals injured or killed by U.S. Customs and Border Protection agent’s and officer’s use of force, including updates on any pending investigations, and policies for timely notification of such injuries and deaths following such uses of force to the Commissioner of Customs and Border Protection, the Joint Intake Center of the Department of Homeland Security, the Office of Inspector General of the Department, the Office for Civil Rights and Civil Liberties of the Department, the Offices of Public Affairs of the Department and U.S. Customs and Border Protection, Congress, and the applicable consulates, if appropriate. (G) How recommendations and requests made by agents and officers of U.S. Customs and Border Protection have been received, reviewed, and if possible implemented into U.S. Customs and Border Protection and Department of Homeland Security use of force policies and best practices. (H) The extent to which U.S. Customs and Border Protection electronically tracks personal searches and seizures of personal items at the border, and an assessment of how such information is used to inform U.S. Customs and Border Protection policies and procedures. (2) Implementation of GAO findings The Secretary of Homeland Security shall direct the Commissioner of Customs and Border Protection to implement any recommendations contained in the report required under paragraph (1). If the Secretary does not so implement such recommendations, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a written notification explaining why such recommendations are not being so implemented.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4303ih/xml/BILLS-113hr4303ih.xml
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113-hr-4304
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I 113th CONGRESS 2d Session H. R. 4304 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Scalise (for himself, Mrs. Black , Mr. McHenry , Mr. Mulvaney , Mr. Brady of Texas , Mr. Flores , Mr. Luetkemeyer , Mr. Roe of Tennessee , Mr. Pitts , Mr. Byrne , Mr. Lankford , Mrs. Lummis , Mr. Austin Scott of Georgia , Mr. Huizenga of Michigan , Mr. Lamborn , Mrs. Blackburn , Mr. Franks of Arizona , Mr. Sessions , Mr. Hudson , Mr. Barton , Mr. Duncan of South Carolina , Mr. Wilson of South Carolina , Mr. Chabot , Mr. Rice of South Carolina , Mr. Bentivolio , Mr. Salmon , Mr. Rooney , Mr. Yoho , Mr. Weber of Texas , Mr. Harris , and Mr. DesJarlais ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on the Budget , Small Business , Education and the Workforce , Oversight and Government Reform , the Judiciary , Energy and Commerce , Transportation and Infrastructure , Science, Space, and Technology , Rules , Financial Services , Agriculture , 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 make certain repeals and revisions to Federal labor laws, to decrease the regulatory burdens on small businesses, to provide for comprehensive energy reform, and to amend the securities laws to streamline access to capital.
1. Short title This Act may be cited as the Jumpstarting Opportunities with Bold Solutions Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Division I—Labor Title I—Repeal of Davis-Bacon Act Sec. 101. Repeal of Davis-Bacon wage requirements. Sec. 102. Effective date and limitation. Title II—Union contract not a bar to higher wages Sec. 201. Payment of higher wages. Title III—Repeal of provisions relating to official time of Federal employees for purposes of union organizing Sec. 301. Repeal of certain provisions relating to official time of Federal employees for purposes of union organizing. Title IV—Rulemaking, investigative, and adjudicative authority of the National Labor Relations Board Sec. 401. Authorities of the National Labor Relations Board. Sec. 402. Regulations. Division II—Deregulation Title V—Uniform cost-benefit analysis of regulations Sec. 501. Uniform use of cost-benefit analysis. Sec. 502. Congressional review. Title VI—Periodic review and termination of regulations Sec. 601. Review of regulations. Sec. 602. Rules covered. Sec. 603. Criteria for sunset review. Sec. 604. Sunset review procedures. Sec. 605. Review deadlines for covered rules. Sec. 606. Sunset review notices and agency reports. Sec. 607. Designation of agency regulatory review officers. Sec. 608. Relationship to the Administrative Procedure Act. Sec. 609. Effect of termination of a covered rule. Sec. 610. Judicial review. Sec. 611. Definitions. Sec. 612. Sunset of this title. Title VII—Regulation costs to small businesses and Grace period for regulatory violations Sec. 701. Small Business Administration study on the cost of Federal regulations. Sec. 702. Grace period for regulatory violations. Title VIII—Major Rules of the Executive Branch Be Approved By Congress Sec. 801. Congressional review of agency rulemaking. Sec. 802. Budgetary effects of rules subject to section 802 of title 5, United States Code. Sec. 803. Government Accountability Office study of rules. Title IX—Simplification of Mergers, Acquisitions and Sales of Small Business Sec. 901. Registration exemption for merger and acquisition brokers. Division III—Energy Title X—Offshore Energy and Jobs Act Sec. 1001. Short title. Subtitle A—Outer Continental Shelf Leasing Program Reforms Sec. 1011. Outer Continental Shelf leasing program reforms. Sec. 1012. Domestic oil and natural gas production goal. Sec. 1013. Development and submittal of new 5-year oil and gas leasing program. Sec. 1014. Rule of construction. Subtitle B—Directing the President To Conduct New OCS Sales in Virginia, South Carolina, and California Sec. 1021. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia. Sec. 1022. South Carolina lease sale. Sec. 1023. Southern California existing infrastructure lease sale. Sec. 1024. Environmental impact statement requirement. Sec. 1025. National defense. Sec. 1026. Opening the Eastern Gulf of Mexico for exploration. Subtitle C—Equitable Sharing of Outer Continental Shelf Revenues Sec. 1031. Disposition of Outer Continental Shelf revenues to coastal States. Subtitle D—Reorganization of Minerals Management Agencies of the Department of the Interior Sec. 1041. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety. Sec. 1042. Bureau of Ocean Energy. Sec. 1043. Ocean Energy Safety Service. Sec. 1044. Office of Natural Resources Revenue. Sec. 1045. Ethics and drug testing. Sec. 1046. Abolishment of Minerals Management Service. Sec. 1047. Conforming amendments to Executive Schedule pay rates. Sec. 1048. Outer Continental Shelf Energy Safety Advisory Board. Sec. 1049. Outer Continental Shelf inspection fees. Sec. 1050. Prohibition on action based on National Ocean Policy developed under Executive Order No. 13547. Subtitle E—United States Territories Sec. 1061. Application of Outer Continental Shelf Lands Act with respect to territories of the United States. Subtitle F—Judicial Review Sec. 1071. Time for filing complaint. Sec. 1072. District court deadline. Sec. 1073. Ability to seek appellate review. Sec. 1074. Limitation on scope of review and relief. Sec. 1075. Legal fees. Sec. 1076. Exclusion. Sec. 1077. Definitions. Subtitle G—Miscellaneous Provisions Sec. 1081. Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006. Sec. 1082. Seismic testing in the Atlantic Outer Continental Shelf. Sec. 1083. Disposition of qualified outer Continental Shelf Revenues. Title XI—Alaskan Energy for American Jobs Act Sec. 2001. Short title. Sec. 2002. Definitions. Sec. 2003. Leasing program for lands within the Coastal Plain. Sec. 2004. Lease sales. Sec. 2005. Grant of leases by the Secretary. Sec. 2006. Lease terms and conditions. Sec. 2007. Policies regarding buying, building, and working for America. Sec. 2008. Coastal Plain environmental protection. Sec. 2009. Expedited judicial review. Sec. 2010. Treatment of revenues. Sec. 2011. Rights-of-way across the Coastal Plain. Sec. 2012. Conveyance. Title XII—State control on all available Federal land Sec. 3001. State control on all available Federal land. Title XIII—Federal Lands Jobs and Energy Security Subtitle A—Federal Lands Jobs and Energy Security Sec. 4001. Short title. Sec. 4002. Policies regarding buying, building, and working for America. Chapter 1—Onshore oil and gas permit streamlining Sec. 4101. Short title. Subchapter A—Application for Permits To Drill Process Reform Sec. 4111. Permit to drill application timeline. Sec. 4112. Solar and wind right-of-way rental reform. Subchapter B—Administrative Protest Documentation Reform Sec. 4121. Administrative protest documentation reform. Subchapter C—Permit Streamlining Sec. 4131. Improve Federal energy permit coordination. Sec. 4132. Administration of current law. Subchapter D—Judicial Review Sec. 4141. Definitions. Sec. 4142. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 4143. Timely filing. Sec. 4144. Expedition in hearing and determining the action. Sec. 4145. Standard of review. Sec. 4146. Limitation on injunction and prospective relief. Sec. 4147. Limitation on attorneys’ fees. Sec. 4148. Legal standing. Subchapter E—Knowing America’s Oil and Gas Resources Sec. 4151. Funding oil and gas resource assessments. Chapter 2—Oil and gas leasing certainty Sec. 4161. Short title. Sec. 4162. Minimum acreage requirement for onshore lease sales. Sec. 4163. Leasing certainty. Sec. 4164. Leasing consistency. Sec. 4165. Reduce redundant policies. Sec. 4166. Streamlined congressional notification. Chapter 3—Oil shale Sec. 4171. Short title. Sec. 4172. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision. Sec. 4173. Oil shale leasing. Chapter 4—Miscellaneous provisions Sec. 4181. Rule of construction. Subtitle B—Planning for American Energy Sec. 4201. Short title. Sec. 4202. Onshore domestic energy production strategic plan. Subtitle C—National Petroleum Reserve in Alaska access Sec. 4301. Short title. Sec. 4302. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska. Sec. 4303. National Petroleum Reserve in Alaska: lease sales. Sec. 4304. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction. Sec. 4305. Issuance of a new integrated activity plan and environmental impact statement. Sec. 4306. Departmental accountability for development. Sec. 4307. Deadlines under new proposed integrated activity plan. Sec. 4308. Updated resource assessment. Subtitle D—BLM Live Internet Auctions Sec. 4401. Short title. Sec. 4402. Internet-based onshore oil and gas lease sales. Subtitle E—Native American Energy Sec. 4501. Short title. Sec. 4502. Appraisals. Sec. 4503. Standardization. Sec. 4504. Environmental reviews of major Federal actions on Indian lands. Sec. 4505. Judicial review. Sec. 4506. Tribal biomass demonstration project. Sec. 4507. Tribal resource management plans. Sec. 4508. Leases of restricted lands for the Navajo Nation. Sec. 4509. Nonapplicability of certain rules. Sec. 4510. Permits for incidental take. Sec. 4511. Migratory Bird Treaty Act. Title XIV—Hydraulic Fracturing Subtitle A—State Authority for Hydraulic Fracturing Regulation Sec. 5101. Short title. Sec. 5102. State authority for hydraulic fracturing regulation. Sec. 5103. Government Accountability Office study. Sec. 5104. Tribal authority on trust land. Subtitle B—EPA Hydraulic Fracturing Research Sec. 5201. Short title. Sec. 5202. EPA hydraulic fracturing research. Subtitle C—Miscellaneous provisions Sec. 5301. Review of State activities. Title XV—Northern Route Approval Sec. 6001. Short title. Sec. 6002. Findings. Sec. 6003. Keystone XL permit approval. Sec. 6004. Judicial review. Sec. 6005. American burying beetle. Sec. 6006. Right-of-way and temporary use permit. Sec. 6007. Permits for activities in navigable waters. Sec. 6008. Migratory Bird Treaty Act permit. Sec. 6009. Oil spill response plan disclosure. Title XVI—Relief from EPA climate change regulations and Federal prohibitions on synthetic fuels Sec. 7001. Repeal of EPA climate change regulation. Sec. 7002. Repeal of Federal ban on synthetic fuels purchasing requirement. Sec. 7003. Sense of Congress opposing carbon tax. Sec. 7004. Prohibition on use of social cost of carbon in analysis. Title XVII—Addressing the President’s War on Coal Subtitle A—Management and disposal of coal combustion residuals Sec. 8001. Short title. Sec. 8002. Management and disposal of coal combustion residuals. Sec. 8003. 2000 regulatory determination. Sec. 8004. Technical assistance. Sec. 8005. Federal Power Act. Subtitle B—Surface Mining Stream Buffer Zone Rule Sec. 8011. Short title. Sec. 8012. Incorporation of surface mining stream buffer zone rule into State programs. Title XVIII—Satisfying Energy Needs and Saving the Environment Sec. 9001. Short title. Sec. 9002. Inapplicability of certain emission limits for electric utility steam generating units that convert coal refuse into energy. Title XIX—Nuclear Regulatory Commission Reorganization Plan Codification and Complements Sec. 10001. Short title. Subtitle A—Replacement of Reorganization Plan Sec. 10011. General functions. Sec. 10012. Chairman. Sec. 10013. Emergency authority. Sec. 10014. Reporting. Sec. 10015. Rescission of Reorganization Plan approval. Subtitle B—Miscellaneous Sec. 10021. Certification of documents transmitted to Congress. Sec. 10022. Time limits for Commission review of Atomic Safety and Licensing Board decisions. Sec. 10023. Allegations of wrongdoing. Sec. 10024. Approval of Commissioner travel. Sec. 10025. Implementation. Title XX—Permitting for onshore and offshore wind energy Subtitle A—Offshore meteorological site testing and monitoring Sec. 11001. Short title. Sec. 11002. Offshore meteorological site testing and monitoring projects. Subtitle B—Onshore meteorological site testing and monitoring Sec. 11011. Short title. Sec. 11012. Onshore meteorological site testing and monitoring project. Title XXI—Domestic Prosperity and Global Freedom Sec. 12001. Short title. Sec. 12002. Amendments. Sec. 12003. Pending applications. Division IV—Access to Capital Title XXII—Small Business Access to Capital Sec. 13001. Registration and reporting exemptions relating to private equity funds advisors. Title XXIII—Community Lending Enhancement and Regulatory Relief Sec. 14001. Changes required to small bank holding company policy statement on assessment of financial and managerial factors. Sec. 14002. Escrow requirements. Sec. 14003. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act. Sec. 14004. Accounting principles cost-benefit requirements. Sec. 14005. Community bank exemption from annual management assessment of internal controls requirement of the Sarbanes-Oxley Act of 2002. Sec. 14006. Certain loans included as qualified mortgages. Sec. 14007. Increase in small servicer exemption. Sec. 14008. Appraiser qualification threshold. Sec. 14009. Coordination among financial institutions. I Labor I Repeal of Davis-Bacon Act 101. Repeal of Davis-Bacon wage requirements (a) In general Subchapter IV of chapter 31 of title 40, United States Code, is repealed. (b) Reference Any reference in any law to a wage requirement of subchapter IV of chapter 31 of title 40, United States Code, shall after the date of the enactment of this title be null and void. 102. Effective date and limitation The amendment made by section 101 shall take effect 30 days after the date of the enactment of this title but shall not affect any contract in existence on such date of enactment or made pursuant to invitation for bids outstanding on such date of enactment. II Union contract not a bar to higher wages 201. Payment of higher wages Section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) is amended— (1) by striking Representatives and inserting (1) Representatives ; and (2) by adding at the end the following: (2) Notwithstanding a labor organization’s exclusive representation of employees in a unit, or the terms and conditions of any collective bargaining contract or agreement then in effect, nothing in either— (A) section 8(a)(1) or 8(a)(5), or (B) a collective bargaining contract or agreement renewed or entered into after the date of enactment of the Jumpstarting Opportunities with Bold Solutions Act , shall prohibit an employer from paying an employee in the unit greater wages, pay, or other compensation for, or by reason of, his or her services as an employee of such employer, than provided for in such contract or agreement. . III Repeal of provisions relating to official time of Federal employees for purposes of union organizing 301. Repeal of certain provisions relating to official time of Federal employees for purposes of union organizing Section 7131 of title 5, United States Code, is amended— (1) by striking subsections (a) and (c); (2) by redesignating subsections (b) and (d) as subsections (a) and (b), respectively; and (3) in subsection (b) (as so redesignated by paragraph (2)), by striking Except as provided in the preceding subsections of this section— and inserting Except as provided in subsection (a)— . IV Rulemaking, investigative, and adjudicative authority of the National Labor Relations Board 401. Authorities of the National Labor Relations Board (a) Duties of the General Counsel and Administrative Law Judges The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) is amended— (1) in section 3(d), by striking and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board ; and (2) in section 4(a), by striking the fourth sentence. (b) Clarification of the Board’s rulemaking authority Section 6 of such Act ( 29 U.S.C. 156 ) is amended by adding at the end the following: Such rulemaking authority shall be limited to rules concerning the internal functions of the Board and the Board is prohibited from promulgating rules that affect the substantive rights of any person, employer, employee, or labor organization. . (c) Investigatory power and Adjudicatory Authority Over Unfair Labor Practice Allegations Section 10 of such Act ( 29 U.S.C. 60 ) is amended— (1) in subsection (a)— (A) by striking prevent any person from engaging in and inserting investigate ; and (B) by striking This power shall and all that follows through the end of the subsection; (2) in subsection (b)— (A) by striking Whenever it is charged and inserting Whenever it appears ; (B) by striking or is engaging in and inserting , is engaging in, or is about to engage in ; (C) by striking the Board, or any agent and all that follows through Provided, That no complaint shall be issued and inserting the aggrieved party may bring a civil action for such relief (including injunctions) as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred, or at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought ; (D) by striking charge with the Board and the service of a copy thereof upon the person against whom such charge is made and inserting civil action ; and (E) by striking Any such complaint may be amended and all that follows through Any such proceeding shall, so far as practicable, and inserting Any such proceeding shall ; (3) by striking subsections (c) through (k) and redesignating subsection (l) as subsection (c); and (4) in subsection (c) (as so redesignated)— (A) by striking Whenever it is charged and inserting Whenever it is alleged ; (B) in the first sentence, by striking charge both places it appears and inserting allegation ; and (C) by striking and that a complaint should issue, he shall and all that follows through the end of the subsection and inserting , the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice. . 402. Regulations Not later than 6 months after the date of the enactment of this title, the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made by this title. II Deregulation V Uniform cost-benefit analysis of regulations 501. Uniform use of cost-benefit analysis Section 553 of title 5, United States Code, is amended by adding at the end the following: (f) (1) Prior to any rulemaking under this section, an agency shall comply with the following: (A) The agency shall identify, in the context of a coherent conceptual framework and supported with objective data— (i) the nature and significance of the market failure, regulatory failure, or other problem that necessitates regulatory action; (ii) the reasons why national economic and income growth, advancing technology, and other market developments will not obviate the need for the rulemaking; (iii) the reasons why regulation at the State, local, or tribal level could not address the problem better than at the Federal level; (iv) the reasons why reducing rather than increasing the extent or stringency of existing Federal regulation would not address the problem better; and (v) the particular authority by which the agency may take action. (B) Before the agency increases the extent or stringency of regulation based on its determinations pursuant to subparagraph (A), it shall— (i) set an achievable objective for its regulatory action and identify the metrics by which the agency will measure progress toward the objective; (ii) issue a notice of inquiry seeking public comment on the identification of a new objective under clause (i); and (iii) give notice to the committees of Congress with jurisdiction over the subject matter of the rule. (C) The agency, if the agency is not seeking to repeal a rule, shall develop at least 3 distinct regulatory options, in addition to not regulating, that the agency estimates will provide the greatest benefits for the least cost in meeting the regulatory objective set under subparagraph (B) and, in developing such regulatory options, shall apply the following principles: (i) The agency shall assume that individuals are rational and not qualify that assumption unless the agency— (I) has conclusive evidence of a detrimental systematic behavioral bias; and (II) can devise behavioral regulatory options that do not preclude any choices of market participants. (ii) The agency shall, to the extent practicable, attempt to engage private incentives to solve a problem and not supplant private incentives any more than necessary. (iii) The agency shall consider the adverse effects that mandates and prohibitions may have on innovation, economic growth, and employment. (iv) An agency’s risk assessment shall be confined to its jurisdiction, subject to specific regulatory authority. Agency assessments of the risks of adverse health and environmental effects shall follow standardized parameters, assumptions, and methodologies. An agency also shall provide analyses of increases in risks, whatever their nature, produced by the regulatory options under consideration. (v) The agency shall avoid incongruities and duplication in regulation at the Federal, State, local, and tribal levels. (vi) The agency shall compare and contrast the regulatory options developed and explain how each would meet the regulatory objective set pursuant to subparagraph (B). (D) The agency shall estimate the costs and benefits of each regulatory option developed, notwithstanding any provision of law that prohibits the agency from using costs in rulemaking, at least to the extent that the agency is able to— (i) exclude options whose costs exceed their benefits; (ii) rank the options by cost from lowest to highest; (iii) estimate the monetary cost of any adverse effects on private property rights, identify the categories of persons who experience a net loss from a regulatory option, and explain why the negative effects cannot be lessened or avoided; (iv) establish whether the cost of an option exceeds $50,000,000 for any 12-month period, except that the dollar amount shall be adjusted annually for inflation based on the GDP deflator, and the President may order that a lower dollar amount be used for a particular period; and (v) identify the key uncertainties and assumptions that drive the results and provide an analysis of how the ranking of the options and the threshold determination under clause (iv) may change if key assumptions are changed. (E) The estimates pursuant to subparagraph (D) shall— (i) follow the methodology established pursuant to paragraph (2)(A); (ii) to the maximum extent practicable, comply with any guidelines issued by the Administrator of the Office of Information and Regulatory Affairs pertaining to cost-benefit analysis; and (iii) include, at a minimum— (I) agency administrative costs; (II) United States private sector compliance costs; (III) Federal, State, local, and tribal compliance costs; (IV) Federal, State, local, and tribal revenue impacts; (V) impacts from the regulatory options developed on United States industries in the role of suppliers and consumers to each industry substantially affected, especially in terms of employment, costs, volume and quality of output, and prices; (VI) nationwide impacts on overall economic output, productivity, consumer and producer prices; (VII) international competitiveness of United States companies; and (VIII) distortions in incentives and markets, including an estimate of the resulting loss to the United States economy. (F) The agency shall publish for public comment all analyses, documentation, and data under subparagraphs (A) through (D) for a public comment period of at least 30 days (subject to applicable limitations under law, including laws protecting privacy, trade secrets, and intellectual property) and correct deficiencies or omissions that the agency becomes aware of before choosing a rule to propose. (2) (A) Beginning not later than the date that is 180 days after the effective date of this section— (i) each agency shall, by rule, establish and maintain the specific cost-benefit analysis methodology appropriate to the functions and responsibilities of that agency and establish an appropriate period for review of new rules to assess the cost effectiveness of each such new rule at achieving the objective identified under paragraph (1)(B)(i) the new rule was intended to address; (ii) the methodology so established shall— (I) include the standardized parameters, assumptions, and methodologies for agency assessments of risk under paragraph (1)(C)(iv); (II) comply, to the maximum extent practicable, with technical standards for methodologies and assumptions issued by the Administrator for the Office of Information and Regulatory Affairs; (III) include the scope of benefits and costs consistent with the framework used and the metrics identified in the establishment of the regulatory objective under paragraph (1); (IV) not include consideration of incidental benefits but only those benefits that were considered in the establishment of the regulatory objective; (V) limit consideration of costs and benefits to costs and benefits that accrue to the population of the United States; (VI) constrain the agency from presuming that continued augmentation or tightening of mandates and additional prohibitions cause benefits and costs to change linearly but determine at what point benefits will rise less than, and costs will rise more than, proportionally; (VII) include comparison of incremental benefits to incremental costs from any action the agency considers taking and refrain from actions whose incremental benefits do not exceed their incremental costs; and (VIII) include analysis of effects on private incentives and possible unintended consequences; and (iii) the agency shall adhere to the methodology so established in all rulemakings. (B) If the agency does not select the least-cost regulatory option as its proposed rule, the agency shall justify its selection, explaining— (i) how that selection furthers other goals or requirements relevant to regulating matters within the agency’s jurisdiction and why these should override cost savings; and (ii) why each of the other regulatory options not chosen would not sufficiently further such other goals or requirements. (C) If the agency makes a determination under paragraph (1)(D) that the monetized cost of a rule exceeds the applicable monetary limit under clause (iv) of such paragraph for any 12-month period, the agency head shall— (i) first issue an advanced notice of proposed rulemaking; (ii) provide notice to the appropriate Congressional committees and keep such committees informed of the status of the rulemaking; and (iii) ensure that— (I) the agency shall notify the Administrator of the Small Business Administration, the Director of the Office of Management and Budget, and affected parties, and provide each such person with information on the potential effects of the proposed rule on affected parties and the type of affected parties that might be affected; (II) not later than 15 days after the date of receipt of the materials described in subclause (I), the Director, in consultation with the Administrator, shall identify representatives of affected parties, 25 percent of which shall represent small business concerns (as such term is defined in section 3(a) of the Small Business Act), when possible, and all the major stakeholders shall have the opportunity to obtain advice and recommendations about the potential effects of the proposed rule; (III) the agency shall convene a review panel consisting wholly of full-time Federal officers, employees, and contractors in the agency responsible for the proposed rule, the Director, the Administrator, and the representatives of affected parties identified pursuant to subclause (II); (IV) the agency shall conduct a detailed analysis of the costs and benefits of the regulatory option it is advancing, and, in doing so— (aa) the agency shall consider the cumulative and interactive costs of regulatory requirements of Federal, State, local, tribal, and (where applicable) international regulations; and (bb) the agency shall identify the key uncertainties and assumptions that drive the results and provide an analysis of how the ranking of the regulatory options changes if the key assumptions are changed; (V) the panel shall review agency material prepared in connection with this subsection, including any draft proposed rule, and review the advice and recommendations of each affected party representative identified; (VI) not later than 60 days after the date the agency convenes a review panel pursuant to subclause (III), the review panel shall report on the comments of the affected party representatives and its findings as to issues related to the provisions of this subsection, and such report shall be made public as part of the rulemaking record; (VII) where appropriate, the agency shall modify the proposed rule or the cost-benefit analysis under subclause (IV) based on the report under subclause (VI); (VIII) subject to applicable limitations under law, including laws protecting privacy, trade secrets, and intellectual property, the agency shall publish for comment all analyses, documentation, and data under this paragraph for a public comment period of at least 30 days and correct deficiencies or omissions that the agency becomes aware of before adopting a proposed rule; and (IX) affected parties, including State, local, or tribal governments, and other stakeholders may participate in the rulemaking by means such as— (aa) the publication of advanced and general notices of proposed rulemaking in publications likely to be obtained by affected parties; (bb) the direct notification of interested affected parties; (cc) the conduct of open conferences or public hearings including soliciting and receiving comments over computer networks; and (dd) reducing the cost or complexity of procedural rules to ease participation in the rulemaking. (D) Every 4 years the agency shall conduct a review of all rules of the agency in effect and determine based on objective data whether its rules are working as intended, furthering their objectives, imposing unanticipated costs, and generating a net benefit or not, and shall amend such rules if appropriate. The agency shall report to Congress the findings of each such review. (E) Any person may petition an agency to amend an existing rule made prior to the establishment of methodology under this paragraph, and, if the agency denies such a petition, that denial shall be subject to review under chapter 7 of this title. (F) Notwithstanding any other provision of law, including any provision of law that explicitly prohibits the use of cost-benefit analysis in rulemaking, an agency shall conduct cost-benefit analyses and report to Congress the findings with specific recommendations for how to lower regulatory costs by amending the statutes prohibiting the use thereof. (3) For purposes of this subsection— (A) the term regulatory options means any action an agency may take to address an objective identified under paragraph (1)(B)(i), including the option not to act; (B) the term private incentives means financial gains or losses that motivate actions by private individuals and businesses, and does not include any law or regulation that prescribes private actions or outcomes; and (C) the term incidental benefit means a claimed benefit outside the specific regulatory objective or objectives identified under paragraph (1)(B)(i) a rule is intended to address as identified in paragraph (1)(A). (4) All determinations made under this subsection shall be subject to review under chapter 7. . 502. Congressional review Section 801(a)(2) of title 5, United States Code, is amended by adding at the end the following: (C) The Comptroller General shall examine the cost-benefit analysis for compliance with the requirements of section 553(f), including the agency methodology established under section 553(f)(2)(A). (D) The Comptroller General shall examine any risk analysis under section 553(f)(1)(C)(iv) pertaining to the cost-benefit analysis for compliance with the requirements of section 553(f). (E) The Comptroller General also shall examine the agencies’ quadrennial regulatory reviews for consistency with the requirements of section 553(f) and report to Congress on the results. . VI Periodic review and termination of regulations 601. Review of regulations A covered rule shall be subject to review in accordance with this title. Upon completion of such review, the agency which has jurisdiction over such rule shall— (1) issue a final report under section 406(c)(2) continuing such rule, or (2) conduct a rulemaking in accordance with section 406(d) to modify, consolidate with another rule, or terminate such rule. 602. Rules covered (a) Covered rules For purposes of this title, a covered rule is a rule that— (1) is determined by the Administrator to be a significant rule under subsection (b); or (2) is any other rule designated by the agency which has jurisdiction over such rule or the Administrator under this title for sunset review. (b) Significant rules For purposes of this title, a significant rule is a rule that the Administrator determines— (1) has resulted in or is likely to result in an annual effect on the economy of $100,000,000 or more; (2) is a major rule; or (3) was issued pursuant to a significant regulatory action, as that term is defined in Executive Order 12866 (as in effect on the first date that Executive order was in effect). (c) Public petitions (1) In general Any person adversely affected by a rule that is not a significant rule may submit a petition to the agency which has jurisdiction over the rule requesting that such agency designate the rule for sunset review. Such agency shall designate the rule for sunset review unless such agency determines that it would not be in the public interest to conduct a sunset review of the rule. In making such determination, such agency shall take into account the number and nature of other petitions received on the same rule and whether or not such petitions have been denied. (2) Form and content of petition A petition under paragraph (1)— (A) shall be in writing, but is not otherwise required to be in any particular form; and (B) shall identify the rule for which sunset review is requested with reasonable specificity and state on its face that the petitioner seeks sunset review of the rule. (3) Response required for noncomplying petitions If an agency determines that a petition does not meet the requirements of this subsection, the agency shall provide a response to the petitioner within 30 days after receiving the petition, notifying the petitioner of the problem and providing information on how to formulate a petition that meets those requirements. (4) Decision within 90 days Within the 90-day period beginning on the date of receiving a petition that meets the requirements of this subsection, the agency shall transmit a response to the petitioner stating whether the petition was granted or denied, except that the agency may extend such period by a total of not more than 30 days. (5) Petitions deemed granted for substantial inexcusable delay A petition for sunset review of a rule is deemed to have been granted by an agency, and such agency is deemed to have designated the rule for sunset review, if a court finds there is a substantial and inexcusable delay, beyond the period specified in paragraph (4), in notifying the petitioner of the agency’s determination to grant or deny the petition. (6) Public log Each agency shall maintain a public log of petitions submitted under this subsection, that includes the status or disposition of each petition. (d) Congressional requests (1) In general An appropriate committee of the Congress, or a majority of the majority party members or a majority of nonmajority party members of such committee, may request in writing that the Administrator designate any rule that is not a significant rule for sunset review. The Administrator shall designate such rule for sunset review within 30 days after receipt of such request unless the Administrator determines that it would not be in the public interest to conduct a sunset review of such rule. (2) Notice of denial If the Administrator denies a congressional request under this subsection, the Administrator shall transmit to the congressional committee making the request a notice stating the reasons for the denial. (e) Publication of notice of designation for sunset review After designating a rule under subsection (c) or (d) for sunset review, the agency or the Administrator shall promptly publish a notice of that designation in the Federal Register. 603. Criteria for sunset review (a) Compliance with other laws In order for any rule subject to sunset review to continue without change or to be modified or consolidated in accordance with this title, such rule must be authorized by law and meet all applicable requirements that would apply if it were issued as a new rule pursuant to section 553 of title 5, United States Code, or other statutory rulemaking procedures required for that rule. For purposes of this section, the term applicable requirements includes any requirement for cost-benefit analysis and any requirement for standardized risk analysis and risk assessment. (b) Governing law If there is a conflict between applicable requirements and an Act under which a rule was issued, the conflict shall be resolved in the same manner as such conflict would be resolved if the agency were issuing a new rule. 604. Sunset review procedures (a) Functions of the administrator (1) Notice of rules subject to review (A) Inventory and first list Within 6 months after the date of the enactment of this title, the Administrator shall conduct an inventory of existing rules and publish a first list of covered rules. The list shall— (i) specify the particular group to which each significant rule is assigned under paragraph (2), and state the review deadline for all significant rules in each such group; and (ii) include other rules subject to sunset review for any other reason, and state the review deadline for each such rule. (B) Subsequent lists After publication of the first list under subparagraph (A), the Administrator shall publish an updated list of covered rules at least annually, specifying the review deadline for each rule on the list. (2) Grouping of significant rules in first list (A) Staggered review The Administrator shall assign each significant rule in effect on the date of enactment of this title to one of 4 groups established by the Administrator to permit orderly and prioritized sunset reviews, and specify for each group an initial review deadline in accordance with section 405(a)(1). (B) Prioritizations In determining which rules shall be given priority in time in that assignment, the Administrator shall consult with appropriate agencies, and shall prioritize rule based on— (i) the grouping of related rules in accordance with paragraph (3); (ii) the extent of the cost of each rule and on the regulated community and the public, with priority in time given to those rules that impose the greatest cost; (iii) consideration of the views of regulated persons, including State and local governments; (iv) whether a particular rule has recently been subject to cost-benefit analysis and risk assessment, with priority in time given to those rules that have not been subject to such analysis and assessment; (v) whether a particular rule was issued under a statutory provision that provides relatively greater discretion to an official in issuing the rule, with priority in time given to those rules that were issued under provisions that provide relatively greater discretion; (vi) the burden of reviewing each rule on the reviewing agency; and (vii) the need for orderly processing and the timely completion of the sunset reviews of existing rules. (3) Grouping of related rules The Administrator shall group related rules under paragraph (2) (and designate other rules) for simultaneous sunset review based upon their subject matter similarity, functional interrelationships, and other relevant factors to ensure comprehensive and coordinated review of redundant, overlapping, and conflicting rules and requirements. The Administrator shall ensure simultaneous sunset reviews of covered rules without regard to whether they were issued by the same agency, and shall designate any other rule for sunset review that is necessary for a comprehensive sunset review whether or not such other rule is otherwise a covered rule under this title. (4) Guidance The Administrator shall provide timely guidance to agencies on the conduct of sunset reviews and the preparation of sunset review notices and reports required by this title to ensure uniform, complete, and timely sunset reviews and to ensure notice and opportunity for public comment consistent with section 406. (5) Review and evaluation of reports The Administrator shall review and evaluate each preliminary and final report submitted by the agency pursuant to this section. Within 90 days after receiving a preliminary report, the Administrator shall transmit comments to the head of the agency regarding— (A) the quality of the analysis in the report, including whether the agency has properly applied section 403; (B) the consistency of the agency’s proposed action with actions of other agencies; and (C) whether the rule should be continued without change, modified, consolidated with another rule, or terminated. (b) Agency sunset review procedure (1) Sunset review notice At least 30 months before the review deadline under section 405(a) for a covered rule issued by an agency, the agency shall— (A) publish a sunset review notice in accordance with section 406(a) in the Federal Register and, to the extent reasonable and practicable, in other publications or media that are designed to reach those persons most affected by the covered rule; and (B) request the views of the Administrator and the appropriate committees of the Congress on whether to continue without change, modify, consolidate, or terminate the covered rule. (2) Preliminary report In reviewing a covered rule, the agency shall— (A) consider public comments and other recommendations generated by a sunset review notice under paragraph (1); and (B) at least 1 year before the review deadline under section 405(a) for the covered rule, publish in the Federal Register, in accordance with section 406(b), and transmit to the Administrator and the appropriate committees of the Congress a preliminary report. (3) Final report The agency shall consider the public comments and other recommendations generated by the preliminary report under paragraph (2) for a covered rule, and shall consult with the appropriate committees of the Congress before issuing a final report. At least 90 days before the review deadline of the covered rule, the agency shall publish in the Federal Register, in accordance with section 406(c)(2) or 406(d), and transmit a final report to the Administrator and the appropriate committees of the Congress. (4) Open procedures regarding sunset review In any sunset review conducted pursuant to this title, the agency conducting the review shall make a written record describing the subject of all contacts the agency or Administrator made with non-governmental persons outside the agency relating to such review. The written record of such contact shall be made available, upon request, to the public. (c) Effectiveness of agency recommendation If a final report under subsection (b)(3) recommends that a covered rule should be continued without change, the covered rule shall be continued. If a final report under subsection (b)(3) recommends that a covered rule should be modified, consolidated with another rule, or terminated, the rule may be modified, so consolidated, or terminated in accordance with section 406(d). (d) Preservation of independence of federal bank regulatory agencies The head of any appropriate Federal banking agency (as that term is defined in section 3(q) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(q) )), the Federal Housing Finance Board, the National Credit Union Administration, and the Office of Federal Housing Enterprise Oversight shall have the authority with respect to that agency that would otherwise be granted under section 405(a)(2)(B) to the Administrator or other officer designated by the President. 605. Review deadlines for covered rules (a) In general For purposes of this title, the review deadline of a covered rule is as follows: (1) Existing significant rules For a significant rule in effect on the date of the enactment of this title, the initial review deadline is the last day of the 4-year, 5-year, 6-year, or 7-year period beginning on the date of the enactment of this title, as specified by the Administrator under section 404(a)(2)(A). For any significant rule that 6 months after the date of enactment is not assigned to such a group specified under section 404(a)(2)(A), the initial review deadline is the last day of the 4-year period beginning on the date of enactment of this title. (2) New significant rules For a significant rule that first takes effect after the date of the enactment of this title, the initial review deadline is the last day of either— (A) the 3-year period beginning on the date the rule takes effect, or (B) if the Administrator determines as part of the rulemaking process that the rule is issued pursuant to negotiated rulemaking procedures or that compliance with the rule requires substantial capital investment, the 7-year period beginning on the date the rule takes effect. (3) Rules covered pursuant to public petition or congressional request For any rule subject to sunset review pursuant to a public petition under section 402(c) or a congressional request under section 402(d), the initial review deadline is the last day of the 3-year period beginning on— (A) the date the agency or Administrator so designates the rule for review; or (B) the date of issuance of a final court order that the agency is deemed to have designated the rule for sunset review. (4) Related rule designated for review For a rule that the Administrator designates under section 404(a)(3) for sunset review because it is related to another covered rule and that is grouped with that other rule for simultaneous review, the initial review deadline is the same as the review deadline for that other rule. (b) Temporary extension The review deadline under subsection (a) for a covered rule may be extended by the Administrator for not more than 6 months by publishing notice thereof in the Federal Register that describes reasons why the temporary extension is necessary to respond to or prevent an emergency situation. (c) Determinations where rules have been amended For purposes of this title, if various provisions of a covered rule were issued at different times, then the rule as a whole shall be treated as if it were issued on the later of— (1) the date of issuance of the provision of the rule that was issued first; or (2) the date the most recent review and revision of the rule under this title was completed. 606. Sunset review notices and agency reports (a) Sunset review notices The sunset review notice under section 404(b)(1) for a rule shall— (1) request comments regarding whether the rule should be continued without change, modified, consolidated with another rule, or terminated; (2) if applicable, request comments regarding whether the rule meets the applicable Federal cost-benefit and risk assessment criteria; and (3) solicit comments about the past implementation and effects of the rule, including— (A) the direct and indirect costs incurred because of the rule, including the net reduction in the value of private property (whether real, personal, tangible, or intangible), and whether the incremental benefits of the rule exceeded the incremental costs of the rule, both generally and regarding each of the specific industries and sectors it covers; (B) whether the rule as a whole, or any major feature of it, is outdated, obsolete, or unnecessary, whether by change of technology, the marketplace, or otherwise; (C) the extent to which the rule or information required to comply with the rule duplicated, conflicted, or overlapped with requirements under rules of other agencies; (D) in the case of a rule addressing a risk to health or safety or the environment, what the perceived risk was at the time of issuance and to what extent the risk predictions were accurate; (E) whether the rule unnecessarily impeded domestic or international competition or unnecessarily intruded on free market forces, and whether the rule unnecessarily interfered with opportunities or efforts to transfer to the private sector duties carried out by the Government; (F) whether, and to what extent, the rule imposed unfunded mandates on, or otherwise affected, State and local governments; (G) whether compliance with the rule required substantial capital investment and whether terminating the rule on the next review deadline would create an unfair advantage to those who are not in compliance with it; (H) whether the rule constituted the least cost method of achieving its objective consistent with the criteria of the Act under which the rule was issued, and to what extent the rule provided flexibility to those who were subject to it; (I) whether the rule was worded simply and clearly, including clear identification of those who were subject to the rule; (J) whether the rule created negative unintended consequences; (K) the extent to which information requirements under the rule can be reduced; and (L) the extent to which the rule has contributed positive benefits, particularly health or safety or environmental benefits. (b) Preliminary reports on sunset reviews The preliminary report under section 404(b)(2) on the sunset review of a rule shall request public comments and contain— (1) specific requests for factual findings and recommended legal conclusions regarding the application of section 403 to the rule, the continued need for the rule, and whether the rule duplicates functions of another rule; (2) a request for comments on whether the rule should be continued without change, modified, consolidated with another rule, or terminated; and (3) if consolidation or modification of the rule is recommended, suggestions for the proposed text of the consolidated or modified rule. (c) Final reports on sunset reviews The report under section 404(b)(3) on the sunset review of a rule shall— (1) contain the factual findings and legal conclusions of the agency conducting the review regarding the application of section 403 to the rule and the agency’s proposed recommendation as to whether the rule should be continued without change, modified, consolidated with another rule, or terminated; (2) in the case of a rule that the agency proposes to continue without change, so state; (3) in the case of a rule that the agency proposes to modify or consolidate with another rule, contain— (A) a notice of proposed rulemaking under section 553 of title 5, United States Code or under other statutory rulemaking procedures required for that rule; and (B) the text of the rule as so modified or consolidated; and (4) in the case of a rule that the agency proposes to terminate, contain a notice of proposed rulemaking for termination consistent with paragraph (3)(A). A final report described in paragraph (2) shall be published in the Federal Register. (d) Rulemaking The final report under subsection (c)(3) or (c)(4) shall be published in the Federal Register and its publication shall constitute publication of the notice required by subsection (c)(3)(A). After publication of the final report under subsection (c)(3) or (c)(4) on a sunset review of a rule, the agency which conducted such review shall conduct the rulemaking which is called for in such report. (e) Legislative recommendations In any case in which the head of an agency determines that a rule in a final report under subsection (c)(3) or (c)(4) cannot be changed, modified, or consolidated with another rule without legislative action, such head shall include in such final report a description of what legislative changes are required to implement the recommendations in such final report with regard to such rule. 607. Designation of agency regulatory review officers The head of each agency shall designate an officer of the agency as the Regulatory Review Officer of the agency. The Regulatory Review Officer of an agency shall be responsible for the implementation of this title by the agency and shall report directly to the head of the agency and the Administrator with respect to that responsibility. 608. Relationship to the Administrative Procedure Act Nothing in this title is intended to supersede the provisions of chapters 5, 6, and 7 of title 5, United States Code. 609. Effect of termination of a covered rule (a) Effect of termination, generally If a covered rule is terminated pursuant to this title— (1) this title shall not be construed to prevent the President or an agency from exercising any authority that otherwise exists to implement the statute under which the rule was issued; (2) in an agency proceeding or court action between an agency and a non-agency party, the rule shall be given no conclusive legal effect but may be submitted as evidence of prior agency practice and procedure; and (3) this title shall not be construed to prevent the continuation or institution of any enforcement action that is based on a violation of the rule that occurred before the effectiveness of the rule terminated. (b) Effect on deadlines (1) In general Notwithstanding subsection (a), any deadline for, relating to, or involving any action dependent upon, any rule terminated under this title is suspended until the agency that issued the rule issues a new rule on the same matter, unless otherwise provided by a law. (2) Deadline defined In this subsection, the term deadline means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal rule, or by or under any court order implementing any Federal rule. 610. Judicial review (a) In general A denial or substantial inexcusable delay in granting or denying a petition under section 402(c) shall be considered final agency action subject to review under section 702 of title 5, United States Code. A denial of a congressional request under section 402(d) shall not be subject to judicial review. (b) Time limitation on filing a civil action Notwithstanding any other provisions of law, an action seeking judicial review of a final agency action under this title may not be brought— (1) in the case of a final agency action denying a public petition under section 402(c) or continuing without change, modifying, consolidating, or terminating a covered rule, more than 30 days after the date of that agency action; or (2) in the case of an action challenging a delay in deciding on a petition for a rule under section 402(c), more than 1 year after the period applicable to the rule under section 402(c)(4). (c) Availability of judicial review unaffected Except to the extent that there is a direct conflict with the provisions of this title, nothing in this title is intended to affect the availability or standard of judicial review for agency regulatory action. 611. Definitions In this title, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. (2) Agency The term agency has the meaning given that term in section 551(1) of title 5, United States Code. (3) Appropriate committee of the congress The term appropriate committee of the Congress means, with respect to a rule, each standing committee of Congress having authority under the Rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (4) Major rule The term major rule means any rule that the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget finds has resulted in or is likely to result in— (A) an annual effect on the economy of $100,000,000 or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. (5) Rule (A) General rule Subject to subparagraph (B), the term rule means any agency statement of general applicability and future effect, including agency guidance documents, designed to implement, interpret, or prescribe law or policy, or describing the procedures or practices of an agency, or intended to assist in such actions, but does not include— (i) regulations or other agency statements issued in accordance with formal rulemaking provisions of sections 556 and 557 of title 5, United States Code, or in accordance with other statutory formal rulemaking procedures required for such regulations or statements; (ii) regulations or other agency statements that are limited to agency organization, management, or personnel matters; (iii) regulations or other agency statements issued with respect to a military or foreign affairs function of the United States; (iv) regulations, statements, or other agency actions that are reviewed and usually modified each year (or more frequently), or are reviewed regularly and usually modified based on changing economic or seasonal conditions; (v) regulations or other agency actions that grant an approval, license, permit, registration, or similar authority or that grant or recognize an exemption or relieve a restriction, or any agency action necessary to permit new or improved applications of technology or to allow the manufacture, distribution, sale, or use of a substance or product; and (vi) regulations or other agency statements that the Administrator certifies in writing are necessary for the enforcement of the Federal criminal laws. (B) Scope of a rule For purposes of this title, each set of rules designated in the Code of Federal Regulations as a part shall be treated as one rule. Each set of rules that do not appear in the Code of Federal Regulations and that are comparable to a part of that Code under guidelines established by the Administrator shall be treated as one rule. (6) Sunset review The term sunset review means a review of the rule under this title. 612. Sunset of this title This title shall have no force or effect after the 10-year period beginning on the date of the enactment of this title. VII Regulation costs to small businesses and Grace period for regulatory violations 701. Small Business Administration study on the cost of Federal regulations (a) In general Beginning on the date that is 1 year after the date of enactment of this title, and annually thereafter, the Administrator shall conduct an annual study of the total costs to small business concerns of Federal regulations and the amount that such total costs have increased over the prior year. (b) Requirement In conducting each study required under subsection (a), the Administrator shall use the best available estimates of the costs and the benefits, disaggregated by the agency issuing the regulation, of each major rule (as defined in section 804 of title 5, United States Code) made after the date of the study in the prior year resulting in a net cost to small business concerns during the period to which the report pertains, and of the cumulative costs of such rules. Such estimates may include estimates produced under the terms of Executive Order 12866. (c) Report Not later than 90 days after completing a study required by this section, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the findings of that study. (d) Funding (1) In general The Administration shall carry out this section using unobligated funds otherwise made available to the Administration. (2) Sense of congress regarding funding It is the sense of Congress that no additional funds should be made available to the Administration to carry out this title. (e) Definitions In this section— (1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; and (2) the term small business concern has the same meaning as in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 702. Grace period for regulatory violations Section 558 of title 5, United States Code, is amended by adding at the end the following: (d) Before any enforcement action is taken on any sanction on a business for any violation of a rule or pursuant to an adjudication an agency shall— (1) not later than 10 business days after the date on which the agency determines that a sanction may be imposed on the business, provide notice to the business that, if the business is a small business as defined in subsection (k), the small business may be subject to a sanction at the end of the grace period described in paragraph (3); (2) delay any further action for a period of 15 calendar days; (3) for any small business, defer any further action for a period of not less than 6 months, less the 15 days described in paragraph (2), which shall be extended by an additional period of 3 months on application by the small business demonstrating reasonable efforts made in good faith to remedy the violation or other conduct giving rise to the sanction; (4) make a further determination after the period described in paragraph (3) as to whether or not the small business would still be subject to the sanction as of the end of that period; (5) if the determination under paragraph (4) is that the small business would not be subject to the sanction, waive the sanction; and (6) if notice is given more than 10 business days after the date on which the agency determines that a sanction may be imposed on the business, and the agency determines that the same sanction may have been imposed on the business 10 business days prior to the date of the notice, that date of notice shall be the effective date commencing the grace period described in paragraph (3). (e) The grace period described by subsection (d) shall be applicable only once per business per rule, but shall cover subsequent violations of the same rule until it expires. (f) The grace period described by subsection (d) shall not apply to a violation that puts anyone in imminent danger, as defined by the Occupational Safety and Health Act (29 U.S.C. 662 et seq.). (g) Nothing in subsection (d) shall be construed to prevent a small business from appealing any sanction imposed in accordance with the procedures of the agency, or from seeking review under chapter 7 of this title. (h) Any sanction by an agency on a small business for any violation of a rule or pursuant to an adjudication, absent proof of written notice of the sanction and the date on which the agency determined that a sanction may be imposed, or in violation of subsection (d)(3), shall be null and void. (i) Federal agencies shall report annually to the Ombudsman on the utilization of this directive and disclose the penalty mitigation for small businesses. (j) The Ombudsman shall include in its annual report to Congress the agency reports described by subsection (i) and a summary of the findings. (k) For purposes of this section— (1) term small business is defined as any sole proprietorship, partnership, corporation, limited liability company, or other business entity, that— (A) had less than $10,000,000 in gross receipts in the preceding calendar year; (B) is considered a small-business concern as such term is defined pursuant to Section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ); (C) employed fewer than 200 individuals in the preceding calendar year; or (D) had CPI adjusted gross receipts of less than $10,000,000 in the preceding year; (2) the term Ombudsman has the same meaning given such term in section 30(a) of the Small Business Act (15 U.S.C. 657(a)); (3) the term consumer price index means the consumer price index for all urban consumers published by the Department of Labor; and (4) the term CPI adjusted gross receipts means the amount of gross receipts, divided by the consumer price index for calendar year 2012, and multiplied by the consumer price index for the preceding calendar year, rounded to the nearest multiple of $100,000 (or, if midway between multiples of $100,000, to the next higher multiple of $100,000). . VIII Major Rules of the Executive Branch Be Approved By Congress 801. Congressional review of agency rulemaking Chapter 8 of title 5, United States Code, is amended to read as follows: 8 Congressional Review of Agency Rulemaking Sec. 801. Congressional review. 802. Congressional approval procedure for major rules. 803. Congressional disapproval procedure for nonmajor rules. 804. Definitions. 805. Judicial review. 806. Exemption for monetary policy. 807. Effective date of certain rules. 801. Congressional review (a) (1) (A) Before a rule may take effect, the Federal agency promulgating such rule shall submit to each House of the Congress and to the Comptroller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule; (iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within clauses (i) through (iii) of section 804(2)(A) or within section 804(2)(B); (iv) a list of any other related regulatory actions taken by or that will be taken by the Federal agency promulgating the rule that are intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; (v) a list of any other related regulatory actions taken by or that will be taken by any other Federal agency with authority to implement the same statutory provision or regulatory objective that are intended to implement such provision or objective, of which the Federal agency promulgating the rule is aware, as well as the individual and aggregate economic effects of those actions; and (vi) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress— (i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs; (ii) the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title; (iii) the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or requirements under any other Act and any relevant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (2) (A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity. (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later. (4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1). (5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate. (b) (1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802. (2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect. (c) (1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. (2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. (3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802. (d) (1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring— (A) in the case of the Senate, 60 session days, or (B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. (2) (A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though— (i) such rule were published in the Federal Register on— (I) in the case of the Senate, the 15th session day, or (II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and (ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect. (3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). 802. Congressional approval procedure for major rules (a) (1) For purposes of this section, the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that— (A) bears no preamble; (B) bears the following title (with blanks filled as appropriate): Approving the rule submitted by ___ relating to ___. ; (C) includes after its resolving clause only the following (with blanks filled as appropriate): That Congress approves the rule submitted by ___ relating to ___. ; and (D) is introduced pursuant to paragraph (2). (2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)— (A) in the case of the House of Representatives, within three legislative days; and (B) in the case of the Senate, within three session days. (3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding. (b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued. (c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. (d) (1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day. (f) (1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day. (h) This section and section 803 are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and (2) with full recognition of the Constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. 803. Congressional disapproval procedure for nonmajor rules (a) For purposes of this section, the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the nonmajor rule submitted by the ___ relating to ___ , and such rule shall have no force or effect. (The blank spaces being appropriately filled in). (b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction. (c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. (d) (1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the Senate the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule— (1) after the expiration of the 60 session days beginning with the applicable submission or publication date, or (2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution— (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House. 804. Definitions For purposes of this chapter— (1) The term Federal agency means any agency as that term is defined in section 551(1). (2) The term major rule means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds— (A) has resulted in or is likely to result in— (i) an annual effect on the economy of $50,000,000 or more; (ii) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (iii) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; (B) is made by the Administrator of the Environmental Protection Agency and that would have a significant impact on a substantial number of agricultural entities, as determined by the Secretary of Agriculture (who shall publish such determination in the Federal Register); (C) is a rule that implements or provides for the imposition or collection of a carbon tax; or (D) is made under the Patient Protection and Affordable Care Act ( Public Law 111–148 ). (3) The term nonmajor rule means any rule that is not a major rule. (4) The term rule has the meaning given such term in section 551, except that such term does not include any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing. (5) The term submission date or publication date , except as otherwise provided in this chapter, means— (A) in the case of a major rule, the date on which the Congress receives the report submitted under section 801(a)(1); and (B) in the case of a nonmajor rule, the later of— (i) the date on which the Congress receives the report submitted under section 801(a)(1); and (ii) the date on which the nonmajor rule is published in the Federal Register, if so published. (6) The term agricultural entity means any entity involved in or related to agricultural enterprise, including enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries. (7) The term carbon tax means a fee, levy, or price on— (A) emissions, including carbon dioxide emissions generated by the burning of coal, natural gas, or oil; or (B) coal, natural gas, or oil based on emissions, including carbon dioxide emissions that would be generated through the fuel's combustion. 805. Judicial review (a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. (b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. (c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect. 806. Exemption for monetary policy Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. 807. Effective date of certain rules Notwithstanding section 801— (1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or (2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the Federal agency promulgating the rule determines. . 802. Budgetary effects of rules subject to section 802 of title 5, United States Code Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: (E) Budgetary effects of rules subject to section 802 of title 5, United States Code Any rules subject to the congressional approval procedure set forth in section 802 of chapter 8 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section. . 803. Government Accountability Office study of rules (a) In general The Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this Act— (1) how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect; (2) how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and (3) the total estimated economic cost imposed by all such rules. (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 a report to Congress that contains the findings of the study conducted under subsection (a). IX Simplification of Mergers, Acquisitions and Sales of Small Business 901. Registration exemption for merger and acquisition brokers (a) Registration exemption Section 15(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(b) ) is amended by adding at the end the following: (13) Registration exemption for merger and acquisition brokers (A) In general Except as provided in subparagraph (B), an M&A broker shall be exempt from registration under this section. (B) Excluded activities An M&A broker is not exempt from registration under this paragraph if such broker does any of the following: (i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. (ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under subsection (d). (C) Rule of construction Nothing in this paragraph shall be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. (D) Definitions In this paragraph: (i) Control The term control means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. There is a presumption of control for any person who— (I) is a director, general partner, member or manager of a limited liability company, or officer exercising executive responsibility (or has similar status or functions); (II) has the right to vote 20 percent or more of a class of voting securities or the power to sell or direct the sale of 20 percent or more of a class of voting securities; or (III) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 20 percent or more of the capital. (ii) Eligible privately held company The term eligible privately held company means a company that meets both of the following conditions: (I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). (II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (determined in accordance with the historical financial accounting records of the company): (aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. (bb) The gross revenues of the company are less than $250,000,000. (iii) M&A broker The term M&A broker means a broker, and any person associated with a broker, engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that— (I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert, will control and, directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company; and (II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the transaction, receive or have reasonable access to the most recent year-end balance sheet, income statement, statement of changes in financial position, and statement of owner’s equity of the issuer of the securities offered in exchange, and, if the financial statements of the issuer are audited, the related report of the independent auditor, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer. (E) Inflation adjustment (i) In general On the date that is 5 years after the date of the enactment of the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 , and every 5 years thereafter, each dollar amount in subparagraph (D)(ii)(II) shall be adjusted by— (I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2012; and (II) multiplying such dollar amount by the quotient obtained under subclause (I). (ii) Rounding Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000. . (b) Effective date This title and any amendment made by this title shall take effect on the date that is 90 days after the date of the enactment of this Act. III Energy X Offshore Energy and Jobs Act 1001. Short title This title may be cited as the Offshore Energy and Jobs Act . A Outer Continental Shelf Leasing Program Reforms 1011. Outer Continental Shelf leasing program reforms Section 18(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(a) ) is amended by adding at the end the following: (5) (A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales including at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area. (B) The Secretary shall include in each proposed oil and gas leasing program under this section any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing. The Secretary may not remove such a subdivision from the program until publication of the final program, and shall include and consider all such subdivisions in any environmental review conducted and statement prepared for such program under section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ). (C) In this paragraph the term available unleased acreage means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law. (6) (A) In the 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that— (i) are estimated to contain more than 2,500,000,000 barrels of oil; or (ii) are estimated to contain more than 7,500,000,000,000 cubic feet of natural gas. (B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation’s Outer Continental Shelf, 2006 . . 1012. Domestic oil and natural gas production goal Section 18(b) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(b) ) is amended to read as follows: (b) Domestic oil and natural gas production goal – (1) In general In developing a 5-year oil and gas leasing program, and subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program. Such goal shall be— (A) the best estimate of the possible increase in domestic production of oil and natural gas from the outer Continental Shelf; (B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; and (C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program. (2) Program goal For purposes of the 5-year oil and gas leasing program, the production goal referred to in paragraph (1) shall be an increase by 2032 of— (A) no less than 3,000,000 barrels in the amount of oil produced per day; and (B) no less than 10,000,000,000 cubic feet in the amount of natural gas produced per day. (3) Reporting The Secretary shall report annually, beginning at the end of the 5-year period for which the program applies, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of the program in meeting the production goal. The Secretary shall identify in the report projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal. . 1013. Development and submittal of new 5-year oil and gas leasing program (a) In general The Secretary of the Interior shall— (1) by not later than July 15, 2014, publish and submit to Congress a new proposed oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) for the 5-year period beginning on such date and ending July 15, 2020; and (2) by not later than July 15, 2015, approve a final oil and gas leasing program under such section for such period. (b) Consideration of all areas In preparing such program the Secretary shall include consideration of areas of the Continental Shelf off the coasts of all States (as such term is defined in section 2 of that Act, as amended by this title), that are subject to leasing under this title. (c) Technical correction Section 18(d)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(d)(3) ) is amended by striking or after eighteen months following the date of enactment of this section, whichever first occurs, . 1014. Rule of construction Nothing in this title shall be construed to authorize the issuance of a lease under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) to any person designated for the imposition of sanctions pursuant to— (1) the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability and Divestiture Act of 2010 ( 22 U.S.C. 8501 et seq. ), the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a ), or the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ); (2) Executive Order No. 13622 (July 30, 2012), Executive Order No. 13628 (October 9, 2012), or Executive Order No. 13645 (June 3, 2013); (3) Executive Order No. 13224 (September 23, 2001) or Executive Order No. 13338 (May 11, 2004); or (4) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 ( 22 U.S.C. 2151 note). B Directing the President To Conduct New OCS Sales in Virginia, South Carolina, and California 1021. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia (a) In general Notwithstanding the exclusion of Lease Sale 220 in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) as soon as practicable, but not later than one year after the date of enactment of this Act. (b) Requirement To make replacement lease blocks available For each lease block in a proposed lease sale under this section for which the Secretary of Defense, in consultation with the Secretary of the Interior, under the Memorandum of Agreement referred to in section 1025(b), issues a statement proposing deferral from a lease offering due to defense-related activities that are irreconcilable with mineral exploration and development, the Secretary of the Interior, in consultation with the Secretary of Defense, shall make available in the same lease sale one other lease block in the Virginia lease sale planning area that is acceptable for oil and gas exploration and production in order to mitigate conflict. (c) Balancing military and energy production goals In recognition that the Outer Continental Shelf oil and gas leasing program and the domestic energy resources produced therefrom are integral to national security, the Secretary of the Interior and the Secretary of Defense shall work jointly in implementing this section in order to ensure achievement of the following common goals: (1) Preserving the ability of the Armed Forces of the United States to maintain an optimum state of readiness through their continued use of the Outer Continental Shelf. (2) Allowing effective exploration, development, and production of our Nation’s oil, gas, and renewable energy resources. (d) Definitions In this section: (1) Lease sale 220 The term Lease Sale 220 means such lease sale referred to in the Request for Comments on the Draft Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010–2015 and Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the Proposed 5-Year Program published January 21, 2009 (74 Fed. Reg. 3631). (2) Virginia lease sale planning area The term Virginia lease sale planning area means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 33 U.S.C. 1331 et seq. )) that is bounded by— (A) a northern boundary consisting of a straight line extending from the northernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (B) a southern boundary consisting of a straight line extending from the southernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. 1022. South Carolina lease sale Notwithstanding inclusion of the South Atlantic Outer Continental Shelf Planning Area in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct a lease sale not later than 2 years after the date of the enactment of this Act for areas off the coast of South Carolina determined by the Secretary to have the most geologically promising hydrocarbon resources and constituting not less than 25 percent of the leasable area within the South Carolina offshore administrative boundaries depicted in the notice entitled Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf , published January 3, 2006 (71 Fed. Reg. 127). 1023. Southern California existing infrastructure lease sale (a) In general The Secretary of the Interior shall offer for sale leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area as soon as practicable, but not later than December 31, 2014. (b) Use of Existing Structures or Onshore-Based Drilling The Secretary of the Interior shall include in leases offered for sale under this lease sale such terms and conditions as are necessary to require that development and production may occur only from offshore infrastructure in existence on the date of the enactment of this Act or from onshore-based, extended-reach drilling. 1024. Environmental impact statement requirement (a) In General For the purposes of this title, the Secretary of the Interior shall prepare a multisale environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) for all lease sales required under this subtitle. (b) Actions To be considered Notwithstanding section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ), in such statement— (1) the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such alternative courses of action; and (2) the Secretary shall only— (A) identify a preferred action for leasing and not more than one alternative leasing proposal; and (B) analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal. 1025. National defense (a) National Defense Areas This title does not affect the existing authority of the Secretary of Defense, with the approval of the President, to designate national defense areas on the Outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1341(d) ). (b) Prohibition on Conflicts With Military Operations No person may engage in any exploration, development, or production of oil or natural gas on the Outer Continental Shelf under a lease issued under this title that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. 1026. Opening the Eastern Gulf of Mexico for exploration (a) Repeal Section 104 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432; 43 U.S.C. 1331 note) is repealed. (b) Exchanges not affected Subsection (a) of this section shall not affect any exchange made before the date of the enactment of this Act. C Equitable Sharing of Outer Continental Shelf Revenues 1031. Disposition of Outer Continental Shelf revenues to coastal States (a) In general Section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ) is amended— (1) in the existing text— (A) in the first sentence, by striking All rentals, and inserting the following: (c) Disposition of revenue under old leases All rentals, ; and (B) in subsection (c) (as designated by the amendment made by subparagraph (A) of this paragraph), by striking for the period from June 5, 1950, to date, and thereafter and inserting in the period beginning June 5, 1950, and ending on the date of enactment of the Offshore Energy and Jobs Act ; (2) by adding after subsection (c) (as so designated) the following: (d) Definitions In this section: (1) Coastal State The term coastal State includes a territory of the United States. (2) New leasing revenues The term new leasing revenues — (A) means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on new areas of the outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of the Offshore Energy and Jobs Act and leasing under that Act; and (B) does not include amounts received by the United States under any lease of an area located in the boundaries of the Central Gulf of Mexico and Western Gulf of Mexico Outer Continental Shelf Planning Areas on the date of enactment of the Offshore Energy and Jobs Act , including a lease issued before, on, or after such date of enactment. ; and (3) by inserting before subsection (c) (as so designated) the following: (a) Payment of new leasing revenues to coastal States (1) In general Except as provided in paragraph (2), of the amount of new leasing revenues received by the United States each fiscal year, 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States. (2) Phase-in (A) In general Except as provided in subparagraph (B), paragraph (1) shall be applied— (i) with respect to new leasing revenues under leases awarded under the first leasing program under section 18(a) that takes effect after the date of enactment of the Offshore Energy and Jobs Act , by substituting 12.5 percent for 37.5 percent ; and (ii) with respect to new leasing revenues under leases awarded under the second leasing program under section 18(a) that takes effect after the date of enactment of the Offshore Energy and Jobs Act , by substituting 25 percent for 37.5 percent . (B) Exempted lease sales This paragraph shall not apply with respect to any lease issued under title II of the Offshore Energy and Jobs Act . (b) Allocation of payments (1) In general The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to coastal States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary. (2) Minimum and maximum allocation The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be— (A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; (B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract; and (C) in the case of a coastal State that is the only coastal State within 200 miles of a leased tract, 100 percent of the total amounts allocated with respect to the leased tract. (3) Administration Amounts allocated to a coastal State under this subsection— (A) shall be available to the coastal State without further appropriation; (B) shall remain available until expended; (C) shall be in addition to any other amounts available to the coastal State under this Act; and (D) shall be distributed in the fiscal year following receipt. (4) Use of funds (A) In general Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. (B) Restriction on use for matching Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program. . (b) Limitation on application This section and the amendment made by this section shall not affect the application of section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; ( 43 U.S.C. 1331 note)), as in effect before the enactment of this Act, with respect to revenues received by the United States under oil and gas leases issued for tracts located in the Western and Central Gulf of Mexico Outer Continental Shelf Planning Areas, including such leases issued on or after the date of the enactment of this Act. D Reorganization of Minerals Management Agencies of the Department of the Interior 1041. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety There shall be in the Department of the Interior— (1) an Under Secretary for Energy, Lands, and Minerals, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Secretary of the Interior or, if directed by the Secretary, to the Deputy Secretary of the Interior; (C) be paid at the rate payable for level III of the Executive Schedule; and (D) be responsible for— (i) the safe and responsible development of our energy and mineral resources on Federal lands in appropriate accordance with United States energy demands; and (ii) ensuring multiple-use missions of the Department of the Interior that promote the safe and sustained development of energy and minerals resources on public lands (as that term is defined in the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. )); (2) an Assistant Secretary of Ocean Energy and Safety, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on the Outer Continental Shelf of the United States; and (3) an Assistant Secretary of Land and Minerals Management, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on public lands and other Federal onshore lands under the jurisdiction of the Department of the Interior, including implementation of the Mineral Leasing Act (30 U.S.C. 181 et seq.) and the Surface Mining Control and Reclamation Act (30 U.S.C. 1201 et seq.) and administration of the Office of Surface Mining. 1042. Bureau of Ocean Energy (a) Establishment There is established in the Department of the Interior a Bureau of Ocean Energy (referred to in this section as the Bureau ), which shall— (1) be headed by a Director of Ocean Energy (referred to in this section as the Director ); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director (1) Appointment The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out through the Bureau all functions, powers, and duties vested in the Secretary relating to the administration of a comprehensive program of offshore mineral and renewable energy resources management. (2) Specific authorities The Director shall promulgate and implement regulations— (A) for the proper issuance of leases for the exploration, development, and production of nonrenewable and renewable energy and mineral resources on the Outer Continental Shelf; (B) relating to resource identification, access, evaluation, and utilization; (C) for development of leasing plans, lease sales, and issuance of leases for such resources; and (D) regarding issuance of environmental impact statements related to leasing and post leasing activities including exploration, development, and production, and the use of third party contracting for necessary environmental analysis for the development of such resources. (3) Limitation The Secretary shall not carry out through the Bureau any function, power, or duty that is— (A) required by section 1043 to be carried out through the Ocean Energy Safety Service; or (B) required by section 1044 to be carried out through the Office of Natural Resources Revenue. (d) Responsibilities of land management agencies Nothing in this section shall affect the authorities of the Bureau of Land Management under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) or of the Forest Service under the National Forest Management Act of 1976 ( Public Law 94–588 ). 1043. Ocean Energy Safety Service (a) Establishment There is established in the Department of the Interior an Ocean Energy Safety Service (referred to in this section as the Service ), which shall— (1) be headed by a Director of Energy Safety (referred to in this section as the Director ); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director (1) Appointment The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out through the Service all functions, powers, and duties vested in the Secretary relating to the administration of safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) including the authority to develop, promulgate, and enforce regulations to ensure the safe and sound exploration, development, and production of mineral and renewable energy resources on the Outer Continental Shelf in a timely fashion. (2) Specific authorities The Director shall be responsible for all safety activities related to exploration and development of renewable and mineral resources on the Outer Continental Shelf, including— (A) exploration, development, production, and ongoing inspections of infrastructure; (B) the suspending or prohibiting, on a temporary basis, any operation or activity, including production under leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(1)); (C) cancelling any lease, permit, or right-of-way on the Outer Continental Shelf, in accordance with section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)); (D) compelling compliance with applicable Federal laws and regulations relating to worker safety and other matters; (E) requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration, development, and production of mineral or renewable energy resources; (F) developing and implementing regulations for Federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations, including health, safety, or environmental regulations; (G) implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1347 ); (H) summoning witnesses and directing the production of evidence; (I) levying fines and penalties and disqualifying operators; (J) carrying out any safety, response, and removal preparedness functions; and (K) the processing of permits, exploration plans, development plans. (d) Employees (1) In general The Secretary shall ensure that the inspection force of the Bureau consists of qualified, trained employees who meet qualification requirements and adhere to the highest professional and ethical standards. (2) Qualifications The qualification requirements referred to in paragraph (1)— (A) shall be determined by the Secretary, subject to subparagraph (B); and (B) shall include— (i) three years of practical experience in oil and gas exploration, development, or production; or (ii) a degree in an appropriate field of engineering from an accredited institution of higher learning. (3) Assignment In assigning oil and gas inspectors to the inspection and investigation of individual operations, the Secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made. (4) Background checks The Director shall require that an individual to be hired as an inspection officer undergo an employment investigation (including a criminal history record check). (5) Language requirements Individuals hired as inspectors must be able to read, speak, and write English well enough to— (A) carry out written and oral instructions regarding the proper performance of inspection duties; and (B) write inspection reports and statements and log entries in the English language. (6) Veterans preference The Director shall provide a preference for the hiring of an individual as a inspection officer if the individual is a member or former member of the Armed Forces and is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member of the Armed Forces. (7) Annual proficiency review (A) Annual proficiency review The Director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented. (B) Continuation of employment An individual employed as an inspector may not continue to be employed in that capacity unless the evaluation demonstrates that the individual— (i) continues to meet all qualifications and standards; (ii) has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program; and (iii) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform inspection functions. (8) Limitation on right to strike Any individual that conducts permitting or inspections under this section may not participate in a strike, or assert the right to strike. (9) Personnel authority Notwithstanding any other provision of law, the Director may employ, appoint, discipline and terminate for cause, and fix the compensation, terms, and conditions of employment of Federal service for individuals as the employees of the Service in order to restore and maintain the trust of the people of the United States in the accountability of the management of our Nation’s energy safety program. (10) Training Academy (A) In general The Secretary shall establish and maintain a National Offshore Energy Safety Academy (referred to in this paragraph as the Academy ) as an agency of the Ocean Energy Safety Service. (B) Functions of Academy The Secretary, through the Academy, shall be responsible for— (i) the initial and continued training of both newly hired and experienced offshore oil and gas inspectors in all aspects of health, safety, environmental, and operational inspections; (ii) the training of technical support personnel of the Bureau; (iii) any other training programs for offshore oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; and (iv) certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors. (C) Cooperative agreements (i) In general In performing functions under this paragraph, and subject to clause (ii), the Secretary may enter into cooperative educational and training agreements with educational institutions, related Federal academies, other Federal agencies, State governments, safety training firms, and oil and gas operators and related industries. (ii) Training requirement Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary. (11) Use of Department personnel In performing functions under this subsection, the Secretary shall use, to the extent practicable, the facilities and personnel of the Department of the Interior. The Secretary may appoint or assign to the Academy such officers and employees as the Secretary considers necessary for the performance of the duties and functions of the Academy. (12) Additional training programs (A) In general The Secretary shall work with appropriate educational institutions, operators, and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators that are designed— (i) to enable persons to qualify for positions in the administration of this title; and (ii) to provide for the continuing education of inspectors or other appropriate Department of the Interior personnel. (B) Financial and technical assistance The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph. (e) Limitation The Secretary shall not carry out through the Service any function, power, or duty that is— (1) required by section 1042 to be carried out through Bureau of Ocean Energy; or (2) required by section 1044 to be carried out through the Office of Natural Resources Revenue. 1044. Office of Natural Resources Revenue (a) Establishment There is established in the Department of the Interior an Office of Natural Resources Revenue (referred to in this section as the Office ) to be headed by a Director of Natural Resources Revenue (referred to in this section as the Director ). (b) Appointment and compensation (1) In general The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for Level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out, through the Office, all functions, powers, and duties vested in the Secretary and relating to the administration of offshore royalty and revenue management functions. (2) Specific authorities The Secretary shall carry out, through the Office, all functions, powers, and duties previously assigned to the Minerals Management Service (including the authority to develop, promulgate, and enforce regulations) regarding offshore royalty and revenue collection; royalty and revenue distribution; auditing and compliance; investigation and enforcement of royalty and revenue regulations; and asset management for onshore and offshore activities. (d) Limitation The Secretary shall not carry out through the Office any function, power, or duty that is— (1) required by section 1042 to be carried out through Bureau of Ocean Energy; or (2) required by section 1043 to be carried out through the Ocean Energy Safety Service. 1045. Ethics and drug testing (a) Certification The Secretary of the Interior shall certify annually that all Department of the Interior officers and employees having regular, direct contact with lessees, contractors, concessionaires, and other businesses interested before the Government as a function of their official duties, or conducting investigations, issuing permits, or responsible for oversight of energy programs, are in full compliance with all Federal employee ethics laws and regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and all guidance issued under subsection (c). (b) Drug Testing The Secretary shall conduct a random drug testing program of all Department of the Interior personnel referred to in subsection (a). (c) Guidance Not later than 90 days after the date of enactment of this Act, the Secretary shall issue supplementary ethics and drug testing guidance for the employees for which certification is required under subsection (a). The Secretary shall update the supplementary ethics guidance not less than once every 3 years thereafter. 1046. Abolishment of Minerals Management Service (a) Abolishment The Minerals Management Service is abolished. (b) Completed administrative actions (1) In general Completed administrative actions of the Minerals Management Service shall not be affected by the enactment of this Act, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. (2) Completed administrative action defined For purposes of paragraph (1), the term completed administrative action includes orders, determinations, memoranda of understanding, memoranda of agreements, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. (c) Pending Proceedings Subject to the authority of the Secretary of the Interior and the officers of the Department of the Interior under this title— (1) pending proceedings in the Minerals Management Service, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue, notwithstanding the enactment of this title or the vesting of functions of the Service in another agency, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this title had not been enacted; and (2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this title had not been enacted, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law. (d) Pending Civil Actions Subject to the authority of the Secretary of the Interior or any officer of the Department of the Interior under this title, pending civil actions shall continue notwithstanding the enactment of this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment had not occurred. (e) References References relating to the Minerals Management Service in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this title are deemed to refer, as appropriate, to the Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to the Minerals Management Service immediately before the effective date of this title shall continue to apply. 1047. Conforming amendments to Executive Schedule pay rates (a) Under Secretary for Energy, Lands, and Minerals Section 5314 of title 5, United States Code, is amended by inserting after the item relating to Under Secretaries of the Treasury (3). the following: Under Secretary for Energy, Lands, and Minerals, Department of the Interior. . (b) Assistant Secretaries Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of the Interior (6). and inserting the following: Assistant Secretaries, Department of the Interior (7). . (c) Directors Section 5316 of title 5, United States Code, is amended by striking Director, Bureau of Mines, Department of the Interior. and inserting the following new items: Director, Bureau of Ocean Energy, Department of the Interior. Director, Ocean Energy Safety Service, Department of the Interior. Director, Office of Natural Resources Revenue, Department of the Interior. . 1048. Outer Continental Shelf Energy Safety Advisory Board (a) Establishment The Secretary of the Interior shall establish, under the Federal Advisory Committee Act, an Outer Continental Shelf Energy Safety Advisory Board (referred to in this section as the Board )— (1) to provide the Secretary and the Directors established by this title with independent scientific and technical advice on safe, responsible, and timely mineral and renewable energy exploration, development, and production activities; and (2) to review operations of the National Offshore Energy Health and Safety Academy established under section 1043(d), including submitting to the Secretary recommendations of curriculum to ensure training scientific and technical advancements. (b) Membership (1) Size The Board shall consist of not more than 11 members, who— (A) shall be appointed by the Secretary based on their expertise in oil and gas drilling, well design, operations, well containment and oil spill response; and (B) must have significant scientific, engineering, management, and other credentials and a history of working in the field related to safe energy exploration, development, and production activities. (2) Consultation and nominations The Secretary shall consult with the National Academy of Sciences and the National Academy of Engineering to identify potential candidates for the Board and shall take nominations from the public. (3) Term The Secretary shall appoint Board members to staggered terms of not more than 4 years, and shall not appoint a member for more than 2 consecutive terms. (4) Balance In appointing members to the Board, the Secretary shall ensure a balanced representation of industry and research interests. (c) Chair The Secretary shall appoint the Chair for the Board from among its members. (d) Meetings The Board shall meet not less than 3 times per year and shall host, at least once per year, a public forum to review and assess the overall energy safety performance of Outer Continental Shelf mineral and renewable energy resource activities. (e) Offshore drilling safety assessments and recommendations As part of its duties under this section, the Board shall, by not later than 180 days after the date of enactment of this section and every 5 years thereafter, submit to the Secretary a report that— (1) assesses offshore oil and gas well control technologies, practices, voluntary standards, and regulations in the United States and elsewhere; and (2) as appropriate, recommends modifications to the regulations issued under this title to ensure adequate protection of safety and the environment, including recommendations on how to reduce regulations and administrative actions that are duplicative or unnecessary. (f) Reports Reports of the Board shall be submitted by the Board to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and made available to the public in electronically accessible form. (g) Travel expenses Members of the Board, other than full-time employees of the Federal Government, while attending meeting of the Board or while otherwise serving at the request of the Secretary or the Director while serving 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. 1049. Outer Continental Shelf inspection fees Section 22 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1348 ) is amended by adding at the end of the section the following: (g) Inspection fees (1) Establishment The Secretary of the Interior shall collect from the operators of facilities subject to inspection under subsection (c) non-refundable fees for such inspections— (A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Department of the Interior; and (B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected. (2) Ocean energy safety fund There is established in the Treasury a fund, to be known as the Ocean Energy Enforcement Fund (referred to in this subsection as the Fund ), into which shall be deposited all amounts collected as fees under paragraph (1) and which shall be available as provided under paragraph (3). (3) Availability of fees (A) In general Notwithstanding section 3302 of title 31, United States Code, all amounts deposited in the Fund— (i) shall be credited as offsetting collections; (ii) shall be available for expenditure for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program under this section; (iii) shall be available only to the extent provided for in advance in an appropriations Act; and (iv) shall remain available until expended. (B) Use for field offices Not less than 75 percent of amounts in the Fund may be appropriated for use only for the respective Department of the Interior field offices where the amounts were originally assessed as fees. (4) Initial fees Fees shall be established under this subsection for the fiscal year in which this subsection takes effect and the subsequent 10 years, and shall not be raised without advise and consent of the Congress, except as determined by the Secretary to be appropriate as an adjustment equal to the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the claim was determined or last adjusted. (5) Annual fees Annual fees shall be collected under this subsection for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2014 shall be— (A) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (B) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (C) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (6) Fees for drilling rigs Fees for drilling rigs shall be assessed under this subsection for all inspections completed in fiscal years 2015 through 2024. Fees for fiscal year 2015 shall be— (A) $30,500 per inspection for rigs operating in water depths of 1,000 feet or more; and (B) $16,700 per inspection for rigs operating in water depths of less than 1,000 feet. (7) Billing The Secretary shall bill designated operators under paragraph (5) within 60 days after the date of the inspection, with payment required within 30 days of billing. The Secretary shall bill designated operators under paragraph (6) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days after billing. (8) Sunset No fee may be collected under this subsection for any fiscal year after fiscal year 2024. (9) Annual reports (A) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2014, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures and the additional hiring of personnel. (iii) A statement of the balance remaining in the Fund at the end of the fiscal year. (iv) An accounting of pace of permit approvals. (v) If fee increases are proposed after the initial 10-year period referred to in paragraph (5), a proper accounting of the potential adverse economic impacts such fee increases will have on offshore economic activity and overall production, conducted by the Secretary. (vi) Recommendations to increase the efficacy and efficiency of offshore inspections. (vii) Any corrective actions levied upon offshore inspectors as a result of any form of misconduct. . 1050. Prohibition on action based on National Ocean Policy developed under Executive Order No. 13547 (a) Prohibition The Bureau of Ocean Energy and the Ocean Energy Safety Service may not develop, propose, finalize, administer, or implement, any limitation on activities under their jurisdiction as a result of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547. (b) Report on expenditures Not later than 60 days after the date of enactment of this Act, the President shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate identifying all Federal expenditures in fiscal years 2012, 2013, and 2014, by the Bureau of Ocean Energy and the Ocean Energy Safety Service and their predecessor agencies, by agency, account, and any pertinent subaccounts, for the development, administration, or implementation of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547, including staff time, travel, and other related expenses. E United States Territories 1061. Application of Outer Continental Shelf Lands Act with respect to territories of the United States Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (1) in paragraph (a), by inserting after control the following: or lying within the United States exclusive economic zone and the Continental Shelf adjacent to any territory of the United States ; (2) in paragraph (p), by striking and after the semicolon at the end; (3) in paragraph (q), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (r) The term State includes each territory of the United States. . F Judicial Review 1071. Time for filing complaint (a) In general Any cause of action that arises from a covered energy decision must be filed not later than the end of the 60-day period beginning on the date of the covered energy decision. Any cause of action not filed within this time period shall be barred. (b) Exception Subsection (a) shall not apply to a cause of action brought by a party to a covered energy lease. 1072. District court deadline (a) In general All proceedings that are subject to section 1071— (1) shall be brought in the United States district court for the district in which the Federal property for which a covered energy lease is issued is located or the United States District Court of the District of Columbia; (2) shall be resolved as expeditiously as possible, and in any event not more than 170 days after such cause or claim is filed; and (3) shall take precedence over all other pending matters before the district court. (b) Failure To comply with deadline If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline described under this section, the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated. 1073. Ability to seek appellate review An interlocutory or final judgment, decree, or order of the district court in a proceeding that is subject to section 1071 may be reviewed by the United States Court of Appeals for the District of Columbia Circuit. The District of Columbia Circuit shall resolve any such appeal as expeditiously as possible and, in any event, not more than 180 days after such interlocutory or final judgment, decree, or order of the district court was issued. 1074. Limitation on scope of review and relief (a) Administrative findings and conclusions In any judicial review of any Federal action under this subtitle, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record. (b) Limitation on prospective relief In any judicial review of any action, or failure to act, under this subtitle, the Court shall not grant or approve any prospective relief unless the Court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned. 1075. Legal fees Any person filing a petition seeking judicial review of any action, or failure to act, under this subtitle who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust. 1076. Exclusion This subtitle shall not apply with respect to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof. 1077. Definitions In this subtitle, the following definitions apply: (1) Covered energy decision The term covered energy decision means any action or decision by a Federal official regarding the issuance of a covered energy lease. (2) Covered energy lease The term covered energy lease means any lease under this title or under an oil and gas leasing program under this title. G Miscellaneous Provisions 1081. Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006 (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall issue rules to provide more clarity, certainty, and stability to the revenue streams contemplated by the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note). (b) Contents The rules shall include clarification of the timing and methods of disbursements of funds under section 105(b)(2) of such Act. 1082. Seismic testing in the Atlantic Outer Continental Shelf Not later than December 31, 2014, the Bureau of Ocean Energy Management shall publish a record of decision on the Atlantic G&G Programmatic Final Environmental Impact Statement. 1083. Disposition of qualified outer Continental Shelf Revenues The Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; (43 U.S.C. 1331 note)) is amended— (1) by striking 2016 each place it appears and inserting 2014 ; and (2) by striking section 105(f). XI Alaskan Energy for American Jobs Act 2001. Short title This title may be cited as the Alaskan Energy for American Jobs Act . 2002. Definitions In this title: (1) Coastal plain The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) Peer reviewed The term peer reviewed means reviewed— (A) by individuals chosen by the National Academy of Sciences with no contractual relationship with, or those who have no application for a grant or other funding pending with, the Federal agency with leasing jurisdiction; or (B) if individuals described in subparagraph (A) are not available, by the top individuals in the specified biological fields, as determined by the National Academy of Sciences. (3) Secretary The term Secretary , except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee. 2003. Leasing program for lands within the Coastal Plain (a) In general The Secretary shall take such actions as are necessary— (1) to establish and implement, in accordance with this title and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal of existing restriction (1) Repeal Section 1003 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3143 ) is repealed. (2) Conforming amendment The table of contents in section 1 of such Act is amended by striking the item relating to section 1003. (c) Compliance with requirements under certain other laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination. (2) Adequacy of the Department of the Interior’s legislative environmental impact statement The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 ) and section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities under this title, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this title before the conduct of the first lease sale. (3) Compliance with NEPA for other actions Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this title that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title. (d) Relationship to State and local authority Nothing in this title shall be considered to expand or limit State and local regulatory authority. (e) Special areas (1) In general The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres. (2) Management Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values. (3) Exclusion from leasing or surface occupancy The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area. (4) Directional drilling Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases tracts located outside the Special Area. (f) Limitation on closed areas The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title. (g) Regulations (1) In general The Secretary shall prescribe such regulations as may be necessary to carry out this title, including regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act. (2) Revision of regulations The Secretary shall, through a rulemaking conducted in accordance with section 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations issued under subsection (a) to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures. 2004. Lease sales (a) In general Lands may be leased under this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (b) Procedures The Secretary shall, by regulation and no later than 180 days after the date of enactment of this title, establish procedures for— (1) receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale; (2) the holding of lease sales after such nomination process; and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease sale bids Lease sales under this title may be conducted through an Internet leasing program, if the Secretary determines that such a system will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system. (d) Sale acreages and schedule (1) The Secretary shall offer for lease under this title those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1). (2) The Secretary shall offer for lease under this title no less than 50,000 acres for lease within 22 months after the date of the enactment of this title. (3) The Secretary shall offer for lease under this title no less than an additional 50,000 acres at 6-, 12-, and 18-month intervals following offering under paragraph (2). (4) The Secretary shall conduct four additional sales under the same terms and schedule no later than two years after the date of the last sale under paragraph (3), if sufficient interest in leasing exists to warrant, in the Secretary’s judgment, the conduct of such sales. (5) The Secretary shall evaluate the bids in each sale and issue leases resulting from such sales, within 90 days after the date of the completion of such sale. 2005. Grant of leases by the Secretary (a) In general The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section 2004 any lands to be leased on the Coastal Plain upon payment by the such bidder of such bonus as may be accepted by the Secretary. (b) Subsequent transfers No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General. 2006. Lease terms and conditions An oil or gas lease issued under this title shall— (1) provide for the payment of a royalty of not less than 12 ½ percent in amount or value of the production removed or sold under the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures; (3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary; (5) provide that the standard of reclamation for lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 2003(a)(2); (7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right-of-Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State; (8) prohibit the export of oil produced under the lease; and (9) contain such other provisions as the Secretary determines necessary to ensure compliance with this title and the regulations issued under this title. 2007. Policies regarding buying, building, and working for America (a) Congressional intent It is the intent of the Congress that— (1) this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this title through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. (b) Requirement The Secretary of the Interior shall when possible, and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral development on the Coastal Plain. 2008. Coastal Plain environmental protection (a) No significant adverse effect standard To govern authorized Coastal Plain activities The Secretary shall, consistent with the requirements of section 2003, administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 10,000 acres on the Coastal Plain for each 100,000 acres of area leased. (b) Site-Specific assessment and mitigation The Secretary shall also require, with respect to any proposed drilling and related activities, that— (1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan. (c) Regulations To protect Coastal Plain fish and wildlife resources, subsistence users, and the environment Before implementing the leasing program authorized by this title, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title. (d) Compliance with Federal and State environmental laws and other requirements The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following: (1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain. (2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures. (3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain. (4) Design safety and construction standards for all pipelines and any access and service roads, that— (A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and (B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices. (5) Prohibitions on general public access and use on all pipeline access and service roads. (6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose. (7) Appropriate prohibitions or restrictions on access by all modes of transportation. (8) Appropriate prohibitions or restrictions on sand and gravel extraction. (9) Consolidation of facility siting. (10) Appropriate prohibitions or restrictions on use of explosives. (11) Avoidance, to the extent practicable, of springs, streams, and river systems; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling. (12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife. (13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law. (14) Fuel storage and oil spill contingency planning. (15) Research, monitoring, and reporting requirements. (16) Field crew environmental briefings. (17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users. (18) Compliance with applicable air and water quality standards. (19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (20) Reasonable stipulations for protection of cultural and archeological resources. (21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary. (e) Considerations In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following: (1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement. (2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations. (3) The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States. (f) Facility consolidation planning (1) In general The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. (2) Objectives The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment. (D) Utilizing existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (g) Access to public lands The Secretary shall— (1) manage public lands in the Coastal Plain subject to section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 ); and (2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses. 2009. Expedited judicial review (a) Filing of complaint (1) Deadline Subject to paragraph (2), any complaint seeking judicial review— (A) of any provision of this title shall be filed by not later than 1 year after the date of enactment of this Act; or (B) of any action of the Secretary under this title shall be filed— (i) except as provided in clause (ii), within the 90-day period beginning on the date of the action being challenged; or (ii) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint. (2) Venue Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia. (3) Limitation on scope of certain review Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with this title and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary. (b) Limitation on other review Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. (c) Limitation on attorneys’ fees and court costs No person seeking judicial review of any action under this title shall receive payment from the Federal Government for their attorneys’ fees and other court costs, including under any provision of law enacted by the Equal Access to Justice Act ( 5 U.S.C. 504 note). 2010. Treatment of revenues Notwithstanding any other provision of law, 50 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title shall be deposited in the Treasury. 2011. Rights-of-way across the Coastal Plain (a) In general The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this title— (1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), without regard to title XI of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3161 et seq. ); and (2) under title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171). (b) Terms and conditions The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines. (c) Regulations The Secretary shall include in regulations under section 2003(g) provisions granting rights-of-way and easements described in subsection (a) of this section. 2012. Conveyance In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3192(h)(2) ), shall convey— (1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation dated January 22, 1993; and (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America. XII State control on all available Federal land 3001. State control on all available Federal land (a) Definitions In this section: (1) Available federal land The term available Federal land means any Federal land that, as of May 31, 2013— (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a Congressionally designated wilderness area. (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means— (A) a State; and (B) the District of Columbia. (b) State programs (1) In general A State— (A) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights on available Federal land in the State; and (B) as a condition of certification under subsection (c)(2) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under subparagraph (A) has been established or amended. (2) Amendment of programs A State may amend a program developed and certified under this section at any time. (3) Certification of amended programs Any program amended under paragraph (2) shall be certified under subsection (c)(2). (c) Leasing, permitting, and regulatory programs (1) Satisfaction of federal requirements Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ). (2) Federal certification and transfer of development rights Upon submission of a declaration by a State under subsection (b)(1)(B)— (A) the program under subsection (b)(1)(A) shall be certified; and (B) the State shall receive all rights from the Federal Government to develop all resources covered by the program. (3) Issuance of permits and leases If a State elects to issue a permit or lease for the development of any resource on any available Federal land within the borders of the State in accordance with a program certified under paragraph (2), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations). (d) Judicial review Activities carried out in accordance with this title shall not be subject to judicial review. (e) Administrative procedure act Activities carried out in accordance with this title shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). XIII Federal Lands Jobs and Energy Security A Federal Lands Jobs and Energy Security 4001. Short title This subtitle may be cited as the Federal Lands Jobs and Energy Security Act . 4002. Policies regarding buying, building, and working for America (a) Congressional intent It is the intent of the Congress that— (1) this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; (2) to ensure a robust onshore energy production industry and ensure that the benefits of development support local communities, under this title, the Secretary shall make every effort to promote the development of onshore American energy, and shall take into consideration the socioeconomic impacts, infrastructure requirements, and fiscal stability for local communities located within areas containing onshore energy resources; and (3) the Congress will monitor the deployment of personnel and material onshore to encourage the development of American manufacturing to enable United States workers to benefit from this subtitle through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. (b) Requirement The Secretary of the Interior shall when possible, and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral resource development under this subtitle. 1 Onshore oil and gas permit streamlining 4101. Short title This chapter may be cited as the Streamlining Permitting of American Energy Act of 2014 . A Application for Permits To Drill Process Reform 4111. Permit to drill application timeline Section 17(p)(2) of the Mineral Leasing Act ( 30 U.S.C. 226(p)(2) ) is amended to read as follows: (2) Applications for permits to drill reform and process (A) Timeline The Secretary shall decide whether to issue a permit to drill within 30 days after receiving an application for the permit. The Secretary may extend such period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. The notice shall be in the form of a letter from the Secretary or a designee of the Secretary, and shall include the names and titles of the persons processing the application, the specific reasons for the delay, and a specific date a final decision on the application is expected. (B) Notice of reasons for denial If the application is denied, the Secretary shall provide the applicant— (i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and (ii) an opportunity to remedy any deficiencies. (C) Application deemed approved If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved, except in cases in which existing reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) are incomplete. (D) Denial of permit If the Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall— (i) provide to the applicant a description of the reasons for the denial of the permit; (ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and (iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. (E) Fee (i) In general Notwithstanding any other law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). This fee shall not apply to any resubmitted application. (ii) Treatment of permit processing fee Of all fees collected under this paragraph, 50 percent shall be transferred to the field office where they are collected and used to process protests, leases, and permits under this Act subject to appropriation. . 4112. Solar and wind right-of-way rental reform (a) In general Subject to subsection (b), and notwithstanding any other provision of law, of fees collected each fiscal year as annual wind energy and solar energy right-of-way authorization fees required under section 504(g) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1764(g) )— (1) no less than 25 percent shall be available, subject to appropriation, for use for solar and wind permitting and management activities by Department of the Interior field offices responsible for the land where the fees were collected; (2) no less than 25 percent shall be available, subject to appropriation, for Bureau of Land Management solar and wind permit approval activities; and (3) no less than 25 percent shall be available, subject to appropriation, to the Secretary of the Interior for department-wide solar and wind permitting activities. (b) Limitation The amount used under subsection (a) each fiscal year shall not exceed $5,000,000. B Administrative Protest Documentation Reform 4121. Administrative protest documentation reform Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) ) is further amended by adding at the end the following: (4) Protest fee (A) In general The Secretary shall collect a $5,000 documentation fee to accompany each protest for a lease, right-of-way, or application for permit to drill. (B) Treatment of fees Of all fees collected under this paragraph, 50 percent shall remain in the field office where they are collected and used to process protests subject to appropriation. . C Permit Streamlining 4131. Improve Federal energy permit coordination (a) Establishment The Secretary of the Interior (referred to in this section as the Secretary ) shall establish a Federal Permit Streamlining Project (referred to in this section as the Project ) in every Bureau of Land Management field office with responsibility for permitting energy projects on Federal land. (b) Memorandum of understanding (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with— (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of the Army Corps of Engineers. (2) State participation The Secretary may request that the Governor of any State with energy projects on Federal lands to be a signatory to the memorandum of understanding. (c) Designation of qualified staff (1) In general Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ); (B) permits under section 404 of Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); (C) regulatory matters under the Clean Air Act ( 42 U.S.C. 7401 et seq. ); (D) planning under the National Forest Management Act of 1976 ( 16 U.S.C. 472a et seq. ); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Duties Each employee assigned under paragraph (1) shall— (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the employee’s home agency; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal lands. (d) Additional personnel The Secretary shall assign to each Bureau of Land Management field office identified in subsection (a) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (e) Funding Funding for the additional personnel shall come from the Department of the Interior reforms identified in sections 4111, 4112, and 4121. (f) Savings provision Nothing in this section affects— (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project. (g) Definition For purposes of this section the term energy projects includes oil, natural gas, coal, and other energy projects as defined by the Secretary. 4132. Administration of current law Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 ). D Judicial Review 4141. Definitions In this subchapter— (1) the term covered civil action means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal lands of the United States; and (2) the term covered energy project means the leasing of Federal lands of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease. 4142. Exclusive venue for certain civil actions relating to covered energy projects Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. 4143. Timely filing To ensure timely redress by the courts, a covered civil action must be filed no later than the end of the 90-day period beginning on the date of the final Federal agency action to which it relates. 4144. Expedition in hearing and determining the action The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. 4145. Standard of review In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. 4146. Limitation on injunction and prospective relief In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. In addition, courts shall limit the duration of preliminary injunctions to halt covered energy projects to no more than 60 days, unless the court finds clear reasons to extend the injunction. In such cases of extensions, such extensions shall only be in 30-day increments and shall require action by the court to renew the injunction. 4147. Limitation on attorneys’ fees Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code (together commonly called the Equal Access to Justice Act), do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys’ fees, expenses, and other court costs. 4148. Legal standing Challengers filing appeals with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as challengers before a United States district court. E Knowing America’s Oil and Gas Resources 4151. Funding oil and gas resource assessments (a) In general The Secretary of the Interior shall provide matching funding for joint projects with States to conduct oil and gas resource assessments on Federal lands with significant oil and gas potential. (b) Cost sharing The Federal share of the cost of activities under this section shall not exceed 50 percent. (c) Resource assessment Any resource assessment under this section shall be conducted by a State, in consultation with the United States Geological Survey. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section a total of $50,000,000 for fiscal years 2014 through 2017. 2 Oil and gas leasing certainty 4161. Short title This chapter may be cited as the Providing Leasing Certainty for American Energy Act of 2014 . 4162. Minimum acreage requirement for onshore lease sales In conducting lease sales as required by section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)), each year the Secretary of the Interior shall perform the following: (1) The Secretary shall offer for sale no less than 25 percent of the annual nominated acreage not previously made available for lease. Acreage offered for lease pursuant to this paragraph shall not be subject to protest and shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 ), except that it shall not be subject to the test of extraordinary circumstances. (2) In administering this section, the Secretary shall only consider leasing of Federal lands that are available for leasing at the time the lease sale occurs. 4163. Leasing certainty Section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) ) is amended by inserting (1) before All lands , and by adding at the end the following: (2) (A) The Secretary shall not withdraw any covered energy project issued under this Act without finding a violation of the terms of the lease by the lessee. (B) The Secretary shall not infringe upon lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights of way for activities under such a lease. (C) No later than 18 months after an area is designated as open under the current land use plan the Secretary shall make available nominated areas for lease under the criteria in section 2. (D) Notwithstanding any other law, the Secretary shall issue all leases sold no later than 60 days after the last payment is made. (E) The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel. (F) Not later than 60 days after a lease sale held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale. If after 60 days any protest is left unsettled, said protest is automatically denied and appeal rights of the protestor begin. (G) No additional lease stipulations may be added after the parcel is sold without consultation and agreement of the lessee, unless the Secretary deems such stipulations as emergency actions to conserve the resources of the United States. . 4164. Leasing consistency Federal land managers must follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed. 4165. Reduce redundant policies Bureau of Land Management Instruction Memorandum 2010–117 shall have no force or effect. 4166. Streamlined congressional notification Section 31(e) of the Mineral Leasing Act ( 30 U.S.C. 188(e) ) is amended in the matter following paragraph (4) by striking at least thirty days in advance of the reinstatement and inserting in an annual report . 3 Oil shale 4171. Short title This chapter may be cited as the Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act or the PIONEERS Act . 4172. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision (a) Regulations Notwithstanding any other law or regulation to the contrary, the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414) are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), and the Secretary of the Interior shall implement those regulations, including the oil shale leasing program authorized by the regulations, without any other administrative action necessary. (b) Amendments to resource management plans and record of decision Notwithstanding any other law or regulation to the contrary, the November 17, 2008 U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), and the Secretary of the Interior shall implement the oil shale leasing program authorized by the regulations referred to in subsection (a) in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary. 4173. Oil shale leasing (a) Additional research and development lease sales The Secretary of the Interior shall hold a lease sale within 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 10). (b) Commercial lease sales No later than January 1, 2016, the Secretary of the Interior shall hold no less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale development, as determined by the Secretary, in areas nominated through public comment. Each lease sale shall be for an area of not less than 25,000 acres, and in multiple lease blocs. 4 Miscellaneous provisions 4181. Rule of construction Nothing in this subtitle shall be construed to authorize the issuance of a lease under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) to any person designated for the imposition of sanctions pursuant to— (1) the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability and Divestiture Act of 2010 ( 22 U.S.C. 8501 et seq. ), the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a ), or the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ); (2) Executive Order No. 13622 (July 30, 2012), Executive Order No. 13628 (October 9, 2012), or Executive Order No. 13645 (June 3, 2013); (3) Executive Order No. 13224 (September 23, 2001) or Executive Order No. 13338 (May 11, 2004); or (4) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 ( 22 U.S.C. 2151 note). B Planning for American Energy 4201. Short title This subtitle may be cited as the Planning for American Energy Act of 2014 . 4202. Onshore domestic energy production strategic plan (a) In general The Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following: 44. Quadrennial Strategic Federal Onshore Energy Production Strategy (a) In general (1) The Secretary of the Interior (hereafter in this section referred to as Secretary ), in consultation with the Secretary of Agriculture with regard to lands administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy. This Strategy shall direct Federal land energy development and department resource allocation in order to promote the energy and national security of the United States in accordance with Bureau of Land Management’s mission of promoting the multiple use of Federal lands as set forth in the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (2) In developing this Strategy, the Secretary shall consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30-year period, and how energy derived from Federal onshore lands can put the United States on a trajectory to meet that demand during the next 4-year period. The Secretary shall consider how Federal lands will contribute to ensuring national energy security, with a goal for increasing energy independence and production, during the next 4-year period. (3) The Secretary shall determine a domestic strategic production objective for the development of energy resources from Federal onshore lands. Such objective shall be— (A) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil and natural gas from the Federal onshore mineral estate, with a focus on lands held by the Bureau of Land Management and the Forest Service; (B) the best estimate, based upon commercial and scientific data, of the expected increase in domestic coal production from Federal lands; (C) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of strategic and critical energy minerals from the Federal onshore mineral estate; (D) the best estimate, based upon commercial and scientific data, of the expected increase in megawatts for electricity production from each of the following sources: wind, solar, biomass, hydropower, and geothermal energy produced on Federal lands administered by the Bureau of Land Management and the Forest Service; (E) the best estimate, based upon commercial and scientific data, of the expected increase in unconventional energy production, such as oil shale; (F) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil, natural gas, coal, and other renewable sources from tribal lands for any federally recognized Indian tribe that elects to participate in facilitating energy production on its lands; (G) the best estimate, based upon commercial and scientific data, of the expected increase in production of helium on Federal lands administered by the Bureau of Land Management and the Forest Service; and (H) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of geothermal, solar, wind, or other renewable energy sources from available lands (as such term is defined in section 203 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), and including any other lands deemed by the Territory or State of Hawaii, as the case may be, to be included within that definition) that the agency or department of the government of the State of Hawaii that is responsible for the administration of such lands selects to be used for such energy production. (4) The Secretary shall consult with the Administrator of the Energy Information Administration regarding the methodology used to arrive at its estimates for purposes of this section. (5) The Secretary has the authority to expand the energy development plan to include other energy production technology sources or advancements in energy on Federal lands. (6) The Secretary shall include in the Strategy a plan for addressing new demands for transmission lines and pipelines for distribution of oil and gas across Federal lands to ensure that energy produced can be distributed to areas of need. (b) Tribal objectives It is the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy under this section. The Secretary shall work in cooperation with any federally recognized Indian tribe that elects to participate in achieving its own strategic energy objectives designated under this subsection. (c) Execution of the Strategy The relevant Secretary shall have all necessary authority to make determinations regarding which additional lands will be made available in order to meet the production objectives established by strategies under this section. The Secretary shall also take all necessary actions to achieve these production objectives unless the President determines that it is not in the national security and economic interests of the United States to increase Federal domestic energy production and to further decrease dependence upon foreign sources of energy. In administering this section, the relevant Secretary shall only consider leasing Federal lands available for leasing at the time the lease sale occurs. (d) State, federally recognized Indian tribes, local government, and public input In developing each strategy, the Secretary shall solicit the input of affected States, federally recognized Indian tribes, local governments, and the public. (e) Reporting The Secretary shall report annually to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of meeting the production goals set forth in the strategy. The Secretary shall identify in the report projections for production and capacity installations and any problems with leasing, permitting, siting, or production that will prevent meeting the goal. In addition, the Secretary shall make suggestions to help meet any shortfalls in meeting the production goals. (f) Programmatic environmental impact statement Not later than 12 months after the date of enactment of this section, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic environmental impact statement. This programmatic environmental impact statement will be deemed sufficient to comply with all requirements under that Act for all necessary resource management and land use plans associated with the implementation of the strategy. (g) Congressional review At least 60 days prior to publishing a proposed strategy under this section, the Secretary shall submit it to the President and the Congress, together with any comments received from States, federally recognized Indian tribes, and local governments. Such submission shall indicate why any specific recommendation of a State, federally recognized Indian tribe, or local government was not accepted. (h) Strategic and critical energy minerals defined For purposes of this section, the term strategic and critical energy minerals means those that are necessary for the Nation’s energy infrastructure including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production and those that are necessary to support domestic manufacturing, including but not limited to, materials used in energy generation, production, and transportation. . (b) First Quadrennial Strategy Not later than 18 months after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress the first Quadrennial Federal Onshore Energy Production Strategy under the amendment made by subsection (a). C National Petroleum Reserve in Alaska access 4301. Short title This subtitle may be cited as the National Petroleum Reserve Alaska Access Act . 4302. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska It is the sense of Congress that— (1) the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and (2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve. 4303. National Petroleum Reserve in Alaska: lease sales Section 107(a) of the Naval Petroleum Reserves Production Act of 1976 ( 42 U.S.C. 6506a(a) ) is amended to read as follows: (a) In General The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the reserve in accordance with this Act. Such program shall include at least one lease sale annually in those areas of the reserve most likely to produce commercial quantities of oil and natural gas each year in the period 2015 through 2025. . 4304. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary to— (1) develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and (2) transport oil and gas from and through the National Petroleum Reserve in Alaska in the most direct manner possible to existing transportation or processing infrastructure on the North Slope of Alaska. (b) Timeline The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline: (1) Permits for such construction for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved within 60 days after the date of enactment of this Act. (2) Permits for such construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved within 6 months after the submission to the Secretary of a request for a permit to drill. (c) Plan To ensure timely future development of the Reserve, within 270 days after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve. 4305. Issuance of a new integrated activity plan and environmental impact statement (a) Issuance of new integrated activity plan The Secretary of the Interior shall, within 180 days after the date of enactment of this Act, issue— (1) a new proposed integrated activity plan from among the non-adopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and (2) an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve. (b) Nullification of existing record of decision, IAP, and EIS Except as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect. 4306. Departmental accountability for development The Secretary of the Interior shall issue regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska. 4307. Deadlines under new proposed integrated activity plan At a minimum, the new proposed integrated activity plan issued under section 4305(a)(1) shall— (1) require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of such application; and (2) establish a timeline for the processing of each such application, that— (A) specifies deadlines for decisions and actions on permit applications; and (B) provides that the period for issuing each permit after submission of such an application shall not exceed 60 days without the concurrence of the applicant. 4308. Updated resource assessment (a) In general The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas. (b) Cooperation and consultation The resource assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists. (c) Timing The resource assessment required by subsection (a) shall be completed within 24 months of the date of the enactment of this Act. (d) Funding The United States Geological Survey may, in carrying out the duties under this section, cooperatively use resources and funds provided by the State of Alaska. D BLM Live Internet Auctions 4401. Short title This subtitle may be cited as the BLM Live Internet Auctions Act . 4402. Internet-based onshore oil and gas lease sales (a) Authorization Section 17(b)(1) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1) ) is amended— (1) in subparagraph (A), in the third sentence, by inserting , except as provided in subparagraph (C) after by oral bidding ; and (2) by adding at the end the following: (C) In order to diversify and expand the Nation’s onshore leasing program to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. Each individual Internet-based lease sale shall conclude within 7 days. . (b) Report Not later than 90 days after the tenth Internet-based lease sale conducted under the amendment made by subsection (a), the Secretary of the Interior shall analyze the first 10 such lease sales and report to Congress the findings of the analysis. The report shall include— (1) estimates on increases or decreases in such lease sales, compared to sales conducted by oral bidding, in— (A) the number of bidders; (B) the average amount of bid; (C) the highest amount bid; and (D) the lowest bid; (2) an estimate on the total cost or savings to the Department of the Interior as a result of such sales, compared to sales conducted by oral bidding; and (3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better maximize bidder participation, ensure the highest return to the Federal taxpayers, minimize opportunities for fraud or collusion, and ensure the security and integrity of the leasing process. E Native American Energy 4501. Short title This subtitle may be cited as the Native American Energy Act . 4502. Appraisals (a) Amendment Title XXVI of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 et seq. ) is amended by adding at the end the following: 2607. Appraisal reforms (a) Options to Indian Tribes With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by— (1) the Secretary; (2) the affected Indian tribe; or (3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. (b) Time Limit on Secretarial Review and Action Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (a), the Secretary shall— (1) review the appraisal; and (2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal. (c) Failure of Secretary To Approve or Disapprove If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved. (d) Option to Indian Tribes To Waive Appraisal (1) An Indian tribe wishing to waive the requirements of subsection (a), may do so after it has satisfied the requirements of subsections (2) and (3) below. (2) An Indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe. (3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the Indian tribe of any claims for damages it might have against the United States as a result of the lack of an appraisal undertaken. (e) Definition For purposes of this section, the term appraisal includes appraisals and other estimates of value. (f) Regulations The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal. . (b) Conforming amendment The table of contents of the Energy Policy Act of 1992 ( 42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following: Sec. 2607. Appraisal reforms. . 4503. Standardization As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells. 4504. Environmental reviews of major Federal actions on Indian lands Section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) is amended by inserting (a) In general.— before the first sentence, and by adding at the end the following: (b) Review of major Federal actions on Indian lands (1) In general For any major Federal action on Indian lands of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by the members of the Indian tribe and by any other individual residing within the affected area. (2) Regulations The Chairman of the Council on Environmental Quality shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions, in consultation with Indian tribes. (3) Definitions In this subsection, each of the terms Indian land and Indian tribe has the meaning given that term in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ). (4) Clarification of authority Nothing in the Native American Energy Act, except section 5006 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands. . 4505. Judicial review (a) Time for filing complaint Any energy related action must be filed not later than the end of the 60-day period beginning on the date of the final agency action. Any energy related action not filed within this time period shall be barred. (b) District court venue and deadline All energy related actions— (1) shall be brought in the United States District Court for the District of Columbia; and (2) shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause of action is filed. (c) Appellate review An interlocutory order or final judgment, decree or order of the district court in an energy related action may be reviewed by the United States Court of Appeals for the District of Columbia Circuit. The District of Columbia Circuit Court of Appeals shall resolve such appeal as expeditiously as possible, and in any event not more than 180 days after such interlocutory order or final judgment, decree or order of the district court was issued. (d) Limitation on certain payments Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections, to any person or party in an energy related action. (e) Legal fees In any energy related action in which the plaintiff does not ultimately prevail, the court shall award to the defendant (including any intervenor-defendants), other than the United States, fees and other expenses incurred by that party in connection with the energy related action, unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award unjust. Whether or not the position of the plaintiff was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the energy related action for which fees and other expenses are sought. (f) Definitions For the purposes of this section, the following definitions apply: (1) Agency action The term agency action has the same meaning given such term in section 551 of title 5, United States Code. (2) Indian land The term Indian Land has the same meaning given such term in section 203(c)(3) of the Energy Policy Act of 2005 (Public Law 109–58; 25 U.S.C. 3501 ), including lands owned by Native Corporations under the Alaska Native Claims Settlement Act ( Public Law 92–203 ; 43 U.S.C. 1601). (3) Energy related action The term energy related action means a cause of action that— (A) is filed on or after the effective date of this Act; and (B) seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission allowing— (i) any person or entity to conduct activities on Indian Land, which activities involve the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity; or (ii) any Indian Tribe, or any organization of 2 or more entities, at least 1 of which is an Indian tribe, to conduct activities involving the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken. (4) Ultimately prevail The term ultimately prevail means, in a final enforceable judgment, the court rules in the party’s favor on at least 1 cause of action that is an underlying rationale for the preliminary injunction, administrative stay, or other relief requested by the party, and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree. 4506. Tribal biomass demonstration project The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 ( 25 U.S.C. 3115a ) the following: 3. Tribal biomass demonstration project (a) In general For each of fiscal years 2015 through 2019, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively direct service contracts, with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land. (b) Definitions The definitions in section 2 shall apply to this section. (c) Demonstration projects In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d). (d) Eligibility criteria To be eligible to enter into a contract or other agreement under this subsection, an Indian tribe shall submit to the Secretary an application— (1) containing such information as the Secretary may require; and (2) that includes a description of— (A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and (B) the demonstration project proposed to be carried out by the Indian tribe. (e) Selection In evaluating the applications submitted under subsection (c), the Secretary— (1) shall take into consideration the factors set forth in paragraphs (1) and (2) of section 2(e) of Public Law 108–278 ; and whether a proposed demonstration project would— (A) increase the availability or reliability of local or regional energy; (B) enhance the economic development of the Indian tribe; (C) improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; (D) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or (E) otherwise promote the use of woody biomass; and (2) shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. (f) Implementation The Secretary shall— (1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and (2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section. (g) Report Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period— (1) each individual tribal application received under this section; and (2) each contract and agreement entered into pursuant to this section. (h) Incorporation of management plans In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. (i) Term A stewardship contract or other agreement entered into under this section— (1) shall be for a term of not more than 20 years; and (2) may be renewed in accordance with this section for not more than an additional 10 years. . 4507. Tribal resource management plans Unless otherwise explicitly exempted by Federal law enacted after the date of the enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ) or the American Indian Agricultural Resource Management Act ( 25 U.S.C. 3701 et seq. ), shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability. 4508. Leases of restricted lands for the Navajo Nation Subsection (e)(1) of the first section of the Act of August 9, 1955 ( 25 U.S.C. 415(e)(1) ; commonly referred to as the Long-Term Leasing Act ), is amended— (1) by striking , except a lease for and inserting , including leases for ; (2) in subparagraph (A), by striking 25 the first place it appears and all that follows and inserting 99 years; ; (3) in subparagraph (B), by striking the period and inserting ; and ; and (4) by adding at the end the following: (C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years. . 4509. Nonapplicability of certain rules No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status. 4510. Permits for incidental take Section 1 of the Act of June 8, 1940 (chapter 278; 16 U.S.C. 668 ), popularly known as the Bald and Golden Eagle Protection Act, is amended by adding at the end the following: (d) Permits for incidental take Upon submission of a substantially completed application, the Secretary shall issue or deny an eagle take permit for no less than 30 years under section 22.26 of title 50, Code of Federal Regulations, that authorizes taking of any bald eagle or golden eagle that is incidental to, but not the purpose of, an otherwise lawful activity. Failure to issue or deny such a permit within a reasonable time (which shall not exceed one year) is deemed issuance of such permit, and the applicant shall not be subject to liability for any incidental take of a bald eagle or golden eagle that is in conformity with the information submitted to the Secretary as part of the application for the permit. . 4511. Migratory Bird Treaty Act Section 6(a) of the Migratory Bird Treaty Act ( 16 U.S.C. 707(a) ) is amended— (1) by striking shall the first and second place it appears and inserting shall with intent knowingly ; and (2) by adding at the end the following: For the purposes of this subsection, with intent knowingly does not include any taking, killing, or other harm to any migratory bird that is accidental or incidental to the presence or operation of an otherwise lawful activity. . XIV Hydraulic Fracturing A State Authority for Hydraulic Fracturing Regulation 5101. Short title This title may be cited as the Protecting States’ Rights to Promote American Energy Security Act . 5102. State authority for hydraulic fracturing regulation The Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following: 44. State authority for hydraulic fracturing regulation (a) In general The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on or under any land in any State that has regulations, guidance, or permit requirements for that activity. (b) State authority The Department of the Interior shall recognize and defer to State regulations, permitting, and guidance, for all activities related to hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on Federal land. (c) Transparency of State regulations (1) In general Each State shall submit to the Bureau of Land Management a copy of its regulations that apply to hydraulic fracturing operations on Federal land. (2) Availability The Secretary of the Interior shall make available to the public State regulations submitted under this subsection. (d) Transparency of State disclosure requirements (1) In general Each State shall submit to the Bureau of Land Management a copy of any regulations of the State that require disclosure of chemicals used in hydraulic fracturing operations on Federal land. (2) Availability The Secretary of the Interior shall make available to the public State regulations submitted under this subsection. (e) Hydraulic fracturing defined In this section the term hydraulic fracturing means the process by which fracturing fluids (or a fracturing fluid system) are pumped into an underground geologic formation at a calculated, predetermined rate and pressure to generate fractures or cracks in the target formation and thereby increase the permeability of the rock near the wellbore and improve production of natural gas or oil. . 5103. Government Accountability Office study (a) Study The Comptroller General of the United States shall conduct a study examining the economic benefits of domestic shale oil and gas production resulting from the process of hydraulic fracturing. This study shall include identification of— (1) State and Federal revenue generated as a result of shale gas production; (2) jobs created both directly and indirectly as a result of shale oil and gas production; and (3) an estimate of potential energy prices without domestic shale oil and gas production. (b) Report The Comptroller General shall submit a report on the findings of such study to the Committee on Natural Resources of the House of Representatives within 30 days after completion of the study. 5104. Tribal authority on trust land The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding the process of hydraulic fracturing (as that term is defined in section 44 of the Mineral Leasing Act, as amended by section 5102 of this title), or any component of that process, relating to oil, gas, or geothermal production activities on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status. B EPA Hydraulic Fracturing Research 5201. Short title This title may be cited as the EPA Hydraulic Fracturing Study Improvement Act . 5202. EPA hydraulic fracturing research In conducting its study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued under Federal Register, Vol. 77, No. 218, the Administrator of the Environmental Protection Agency shall adhere to the following requirements: (1) Peer review and information quality Prior to issuance and dissemination of any final report or any interim report summarizing the Environmental Protection Agency’s research on the relationship between hydraulic fracturing and drinking water, the Administrator shall— (A) consider such reports to be Highly Influential Scientific Assessments and require peer review of such reports in accordance with guidelines governing such assessments, as described in— (i) the Environmental Protection Agency’s Peer Review Handbook 3rd Edition; (ii) the Environmental Protection Agency’s Scientific Integrity Policy, as in effect on the date of enactment of this Act; and (iii) the Office of Management and Budget’s Peer Review Bulletin, as in effect on the date of enactment of this Act; and (B) require such reports to meet the standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the Environmental Protection Agency’s Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency, developed in response to guidelines issued by the Office of Management and Budget under section 515(a) of the Treasury and General Government Appropriations Act for Fiscal Year 2001 ( Public Law 106–554 ). (2) Probability, uncertainty, and consequence In order to maximize the quality and utility of information developed through the study, the Administrator shall ensure that identification of the possible impacts of hydraulic fracturing on drinking water resources included in such reports be accompanied by objective estimates of the probability, uncertainty, and consequence of each identified impact, taking into account the risk management practices of States and industry. Estimates or descriptions of probability, uncertainty, and consequence shall be as quantitative as possible given the validity, accuracy, precision, and other quality attributes of the underlying data and analyses, but no more quantitative than the data and analyses can support. (3) Release of final report The final report shall be publicly released by September 30, 2016. C Miscellaneous provisions 5301. Review of State activities The Secretary of the Interior shall annually review and report to Congress on all State activities relating to hydraulic fracturing. XV Northern Route Approval 6001. Short title This title may be cited as the Northern Route Approval Act . 6002. Findings The Congress finds the following: (1) To maintain our Nation’s competitive edge and ensure an economy built to last, the United States must have fast, reliable, resilient, and environmentally sound means of moving energy. In a global economy, we will compete for the world’s investments based in significant part on the quality of our infrastructure. Investing in the Nation’s infrastructure provides immediate and long-term economic benefits for local communities and the Nation as a whole. (2) The delivery of oil from Canada, a close ally not only in proximity but in shared values and ideals, to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources. (3) The Keystone XL pipeline would provide both short-term and long-term employment opportunities and related labor income benefits, such as government revenues associated with taxes. (4) The State of Nebraska has thoroughly reviewed and approved the proposed Keystone XL pipeline reroute, concluding that the concerns of Nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts. (5) The Department of State and other Federal agencies have over a long period of time conducted extensive studies and analysis of the technical aspects and of the environmental, social, and economic impacts of the proposed Keystone XL pipeline, and— (A) the Department of State assessments found that the Keystone XL pipeline is not likely to impact the amount of crude oil produced from the oil sands and that approval or denial of the proposed project is unlikely to have a substantial impact on the rate of development in the oil sands ; (B) the Department of State found that incremental life-cycle greenhouse gas emissions associated with the Keystone XL project are estimated in the range of 0.07 to 0.83 million metric tons of carbon dioxide equivalents, with the upper end of this range representing twelve one-thousandths of one percent of the 6,702 million metric tons of carbon dioxide emitted in the United States in 2011; and (C) after extensive evaluation of potential impacts to land and water resources along the Keystone XL pipeline’s 875-mile proposed route, the Department of State found that The analyses of potential impacts associated with construction and normal operation of the proposed Project suggest that there would be no significant impacts to most resources along the proposed Project route (assuming Keystone complies with all laws and required conditions and measures). . (6) The transportation of oil via pipeline is the safest and most economically and environmentally effective means of doing so, and— (A) transportation of oil via pipeline has a record of unmatched safety and environmental protection, and the Department of State found that Spills associated with the proposed Project that enter the environment expected to be rare and relatively small , and that there is no evidence of increased corrosion or other pipeline threat due to viscosity of diluted bitumen oil that will be transported by the Keystone XL pipeline; and (B) plans to incorporate 57 project-specific special conditions related to the design, construction, and operations of the Keystone XL pipeline led the Department of State to find that the pipeline will have a degree of safety over any other typically constructed domestic oil pipeline . (7) The Keystone XL is in much the same position today as the Alaska Pipeline in 1973 prior to congressional action. Once again, the Federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources. 6003. Keystone XL permit approval Notwithstanding Executive Order No. 13337 ( 3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. The final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report described in the previous sentence, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16 U.S.C. 470 et seq.). 6004. Judicial review (a) Exclusive jurisdiction Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine— (1) the validity of any final order or action (including a failure to act) of any Federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the Keystone XL pipeline, including any final order or action deemed to be taken, made, granted, or issued; (2) the constitutionality of any provision of this title, or any decision or action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this title; or (3) the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), or of any analysis under any other Act, with respect to any action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this title. (b) Deadline for filing claim A claim arising under this title may be brought not later than 60 days after the date of the decision or action giving rise to the claim. (c) Expedited consideration The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in Canada that are needed to meet the demand for oil. 6005. American burying beetle (a) Findings The Congress finds that— (1) environmental reviews performed for the Keystone XL pipeline project satisfy the requirements of section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) ) in its entirety; and (2) for purposes of that Act, the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat. (b) Biological opinion The Secretary of the Interior is deemed to have issued a written statement setting forth the Secretary’s opinion containing such findings under section 7(b)(1)(A) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(b)(1)(A) ) and any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline as it may be ultimately defined in its entirety, shall not be considered a prohibited taking of such species under such Act. 6006. Right-of-way and temporary use permit The Secretary of the Interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section 28 of the Mineral Leasing Act (30 U.S.C. 185) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the application tendered to the Bureau of Land Management for the Keystone XL pipeline. 6007. Permits for activities in navigable waters (a) Issuance of permits The Secretary of the Army, not later than 90 days after receipt of an application therefor, shall issue all permits under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) and section 10 of the Act of March 3, 1899 (33 U.S.C. 403; commonly known as the Rivers and Harbors Appropriations Act of 1899), necessary for the construction, operation, and maintenance of the pipeline described in the May 4, 2012, application referred to in section 6003, as supplemented by the Nebraska reroute. The application shall be based on the administrative record for the pipeline as of the date of enactment of this Act, which shall be considered complete. (b) Waiver of procedural requirements The Secretary may waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this section. (c) Issuance in absence of action by the Secretary If the Secretary has not issued a permit described in subsection (a) on or before the last day of the 90-day period referred to in subsection (a), the permit shall be deemed issued under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) or section 10 of the Act of March 3, 1899 (33 U.S.C. 403), as appropriate, on the day following such last day. (d) Limitation The Administrator of the Environmental Protection Agency may not prohibit or restrict an activity or use of an area that is authorized under this section. 6008. Migratory Bird Treaty Act permit The Secretary of the Interior is deemed to have issued a special purpose permit under the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. ), as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013. 6009. Oil spill response plan disclosure (a) In general Any pipeline owner or operator required under Federal law to develop an oil spill response plan for the Keystone XL pipeline shall make such plan available to the Governor of each State in which such pipeline operates to assist with emergency response preparedness. (b) Updates A pipeline owner or operator required to make available to a Governor a plan under subsection (a) shall make available to such Governor any update of such plan not later than 7 days after the date on which such update is made. XVI Relief from EPA climate change regulations and Federal prohibitions on synthetic fuels 7001. Repeal of EPA climate change regulation (a) Greenhouse gas regulation under Clean Air Act Section 302(g) of the Clean Air Act ( 42 U.S.C. 7602(g) ) is amended by adding the following at the end thereof: The term air pollutant shall not include carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride. . (b) No regulation of climate change Nothing in the Clean Air Act ( 42 U.S.C. 7401 et seq. ), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ), shall be treated as authorizing or requiring the regulation of climate change or global warming. 7002. Repeal of Federal ban on synthetic fuels purchasing requirement Section 526 of the Energy Independence and Security Act of 2007 ( Public Law 110–140 ; 121 Stat. 1663; 42 U.S.C. 17142 ) is repealed. 7003. Sense of Congress opposing carbon tax It is the sense of the Congress that a carbon tax— (1) would be detrimental to American families and businesses; and (2) is not in the best interest of the United States. 7004. Prohibition on use of social cost of carbon in analysis (a) In General Notwithstanding any other provision of law or any executive order, the Administrator of the Environmental Protection Agency may not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions, or for any other reason, in any cost-benefit analysis relating to an energy-related rule. (b) Definition In this section, the term social cost of carbon means the social cost of carbon as described in the technical support document entitled Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, or any successor or substantially related document, or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. XVII Addressing the President’s War on Coal A Management and disposal of coal combustion residuals 8001. Short title This subtitle may be cited as the Coal Residuals Reuse and Management Act of 2014 . 8002. Management and disposal of coal combustion residuals (a) In general Subtitle D of the Solid Waste Disposal Act ( 42 U.S.C. 6941 et seq. ) is amended by adding at the end the following: 4011. Management and disposal of coal combustion residuals (a) State permit programs for coal combustion residuals Each State may adopt, implement, and enforce a coal combustion residuals permit program if such State provides the notification required under subsection (b)(1), and the certification required under subsection (b)(2). (b) State actions (1) Notification Not later than 6 months after the date of enactment of this section (except as provided by the deadline identified under subsection (d)(3)(B)), the Governor of each State shall notify the Administrator, in writing, whether such State will adopt and implement a coal combustion residuals permit program. (2) Certification (A) In general Not later than 36 months after the date of enactment of this section (except as provided in subsection (f)(1)(A)), in the case of a State that has notified the Administrator that it will implement a coal combustion residuals permit program, the head of the lead State implementing agency shall submit to the Administrator a certification that such coal combustion residuals permit program meets the requirements described in subsection (c). (B) Contents A certification submitted under this paragraph shall include— (i) a letter identifying the lead State implementing agency, signed by the head of such agency; (ii) identification of any other State agencies involved with the implementation of the coal combustion residuals permit program; (iii) an explanation of how the State coal combustion residuals permit program meets the requirements of this section, including a description of the State’s— (I) process to inspect or otherwise determine compliance with such permit program; (II) process to enforce the requirements of such permit program; (III) public participation process for the promulgation, amendment, or repeal of regulations for, and the issuance of permits under, such permit program; (IV) statutes, regulations, or policies pertaining to public access to information, such as groundwater monitoring data; and (V) statutes, regulations, or policies pertaining to structural integrity or dam safety that may be applied to structures through such permit program; (iv) a certification that the State has in effect, at the time of certification, statutes or regulations necessary to implement a coal combustion residuals permit program that meets the requirements described in subsection (c); (v) copies of State statutes and regulations described in clause (iv); and (vi) an emergency action plan for State response to a leak or spill at a structure that receives coal combustion residuals. (C) Updates A State may update the certification as needed to reflect changes to the coal combustion residuals permit program. (3) Maintenance of 4005(c) or 3006 program In order to adopt or implement a coal combustion residuals permit program under this section (including pursuant to subsection (f)), the State implementing agency shall maintain an approved permit program or other system of prior approval and conditions under section 4005(c) or an authorized program under section 3006. (c) Requirements for a coal combustion residuals permit program A coal combustion residuals permit program shall consist of the following: (1) General requirements (A) In general The implementing agency shall— (i) apply the subset of the revised criteria described in paragraph (2) to owners or operators of structures, including surface impoundments, that receive coal combustion residuals on or after the date of enactment of this section; (ii) with respect to structures that are receiving coal combustion residuals as of the date of enactment of this section, take the actions required under paragraph (3); (iii) impose requirements for surface impoundments that do not meet certain criteria pursuant to paragraph (4); and (iv) require that closure of structures occur in accordance with paragraph (5). (B) Structural integrity (i) Engineering certification The implementing agency shall require that an independent registered professional engineer certify that— (I) the design of each structure that receives coal combustion residuals on or after the date of enactment of this section is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein; and (II) the construction and maintenance of the structure will ensure structural stability. (ii) Emergency action plan The implementing agency shall require that the owner or operator of any structure that is a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section and that is classified by the State as posing a high hazard potential pursuant to the guidelines published by the Federal Emergency Management Agency entitled Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams (FEMA Publication Number 333) prepare and maintain an emergency action plan that identifies responsible persons and actions to be taken in the event of a dam safety emergency. (iii) Inspection (I) In general The implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be inspected not less than annually by an independent registered professional engineer to assure that the design, operation, and maintenance of the surface impoundment is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein, so as to ensure dam stability. (II) Potentially hazardous conditions The implementing agency shall require that if an inspection under subclause (I), or a periodic evaluation under clause (iv), reveals a potentially hazardous condition, the owner or operator of the structure shall immediately take action to mitigate the potentially hazardous condition and notify appropriate State and local first responders. (iv) Periodic evaluation The implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be periodically evaluated for appearances of structural weakness. (v) Deficiency (I) In general If the head of the implementing agency determines that a structure is deficient with respect to the requirements in clause (i), (iii), or (iv), the head of the agency has the authority to require action to correct the deficiency according to a schedule determined by the agency. (II) Uncorrected deficiencies If a deficiency is not corrected according to the schedule, the head of the implementing agency has the authority to require that the structure close in accordance with paragraph (5). (III) Dam safety consultation In the case of a structure that is a surface impoundment, the head of the implementing agency shall, in making a determination under subclause (I), consult with appropriate State dam safety officials. (C) Location The implementing agency shall require that structures that first receive coal combustion residuals on or after the date of enactment of this section shall be constructed with a base located a minimum of 2 feet above the upper limit of the water table, unless it is demonstrated to the satisfaction of the implementing agency that— (i) the hydrogeologic characteristics of a structure and surrounding land would preclude such a requirement; and (ii) the function and integrity of the liner system will not be adversely impacted by contact with the water table. (D) Wind dispersal (i) In general The implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section address wind dispersal of dust by requiring cover, or by wetting coal combustion residuals with water to a moisture content that prevents wind dispersal, facilitates compaction, and does not result in free liquids. (ii) Alternative methods Subject to the review and approval by the implementing agency, owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section may propose alternative methods to address wind dispersal of dust that will provide comparable or more effective control of dust. (E) Permits The implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section apply for and obtain permits incorporating the requirements of the coal combustion residuals permit program. (F) Public availability of information Except for information with respect to which disclosure is prohibited under section 1905 of title 18, United States Code, the implementing agency shall ensure that— (i) documents for permit determinations are made available for public review and comment under the public participation process described in subsection (b)(2)(B)(iii)(III) or in subsection (e)(6), as applicable; (ii) final determinations on permit applications are made known to the public; and (iii) groundwater monitoring data collected under paragraph (2) is publicly available. (G) Agency authority (i) In general The implementing agency has the authority to— (I) obtain information necessary to determine whether the owner or operator of a structure is in compliance with the requirements of this subsection; (II) conduct or require monitoring and testing to ensure that structures are in compliance with the requirements of this subsection; and (III) enter, at reasonable times, any site or premise subject to the coal combustion residuals permit program for the purpose of inspecting structures and reviewing records relevant to the design, operation, and maintenance of structures. (ii) Monitoring and testing If monitoring or testing is conducted under clause (i)(II) by or for the implementing agency, the implementing agency shall, if requested, provide to the owner or operator— (I) a written description of the monitoring or testing completed; (II) at the time of sampling, a portion of each sample equal in volume or weight to the portion retained by or for the implementing agency; and (III) a copy of the results of any analysis of samples collected by or for the implementing agency. (2) Revised criteria The subset of the revised criteria referred to in paragraph (1)(A)(i) are as follows: (A) Design requirements For new structures, and lateral expansions of existing structures, that first receive coal combustion residuals on or after the date of enactment of this section, the revised criteria regarding design requirements described in section 258.40 of title 40, Code of Federal Regulations, except that the leachate collection system requirements described in section 258.40(a)(2) of title 40, Code of Federal Regulations, do not apply to structures that are surface impoundments. (B) Groundwater monitoring and corrective action For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria regarding groundwater monitoring and corrective action requirements described in subpart E of part 258 of title 40, Code of Federal Regulations, except that, for the purposes of this subparagraph, the revised criteria shall also include— (i) for the purposes of detection monitoring, the constituents boron, chloride, conductivity, fluoride, mercury, pH, sulfate, sulfide, and total dissolved solids; and (ii) for the purposes of assessment monitoring, establishing a groundwater protection standard, and assessment of corrective measures, the constituents aluminum, boron, chloride, fluoride, iron, manganese, molybdenum, pH, sulfate, and total dissolved solids. (C) Closure For all structures that receive coal combustion residuals on or after the date of enactment of this section, in a manner consistent with paragraph (5), the revised criteria for closure described in subsections (a) through (c) and (h) through (j) of section 258.60 of title 40, Code of Federal Regulations. (D) Post-closure For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for post-closure care described in section 258.61 of title 40, Code of Federal Regulations, except for the requirement described in subsection (a)(4) of that section. (E) Location restrictions The revised criteria for location restrictions described in— (i) for new structures, and lateral expansions of existing structures, that first receive coal combustion residuals on or after the date of enactment of this section, sections 258.11 through 258.15 of title 40, Code of Federal Regulations; and (ii) for existing structures that receive coal combustion residuals on or after the date of enactment of this section, sections 258.11 and 258.15 of title 40, Code of Federal Regulations. (F) Air quality For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for air quality described in section 258.24 of title 40, Code of Federal Regulations. (G) Financial assurance For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for financial assurance described in subpart G of part 258 of title 40, Code of Federal Regulations. (H) Surface water For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for surface water described in section 258.27 of title 40, Code of Federal Regulations. (I) Recordkeeping For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for recordkeeping described in section 258.29 of title 40, Code of Federal Regulations. (J) Run-on and run-off control systems for land-based units For all landfills and other land-based units, other than surface impoundments, that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for run-on and run-off control systems described in section 258.26 of title 40, Code of Federal Regulations. (K) Run-off control systems for surface impoundments For all surface impoundments that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for run-off control systems described in section 258.26(a)(2) of title 40, Code of Federal Regulations. (3) Permit program implementation for existing structures (A) Notification Not later than the date on which a State submits a certification under subsection (b)(2), not later than 30 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 36 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall notify owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section within the State of— (i) the obligation to apply for and obtain a permit under subparagraph (C); and (ii) the requirements referred to in subparagraph (B). (B) Compliance with certain requirements Not later than 12 months after the date on which a State submits a certification under subsection (b)(2), not later than 42 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 48 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall require owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section to comply with— (i) the requirements under paragraphs (1)(B)(ii) and (iii), (1)(D), (2)(B), (2)(F), (2)(H), (2)(J), and (2)(K); and (ii) the groundwater recordkeeping requirement described in section 258.29(a)(5) of title 40, Code of Federal Regulations. (C) Permits (i) Permit deadline Not later than 48 months after the date on which a State submits a certification under subsection (b)(2), not later than 78 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 84 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall issue, with respect to a structure that is receiving coal combustion residuals as of the date of enactment of this section, a final permit incorporating the requirements of the coal combustion residuals permit program, or a final denial for an application submitted requesting such a permit. (ii) Application deadline The implementing agency shall identify, in collaboration with the owner or operator of a structure described in clause (i), a reasonable deadline by which the owner or operator shall submit a permit application under such clause. (D) Interim operation (i) Prior to deadlines With respect to any period of time on or after the date of enactment of this section but prior to the applicable deadline in subparagraph (B), the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section may continue to operate such structure until such applicable deadline under the applicable authority in effect. (ii) Prior to permit Unless the implementing agency determines that the structure should close pursuant to paragraph (5), if the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section meets the requirements referred to in subparagraph (B) by the applicable deadline in such subparagraph, the owner or operator may operate the structure until such time as the implementing agency issues, under subparagraph (C), a final permit incorporating the requirements of the coal combustion residuals permit program, or a final denial for an application submitted requesting such a permit. (4) Requirements for surface impoundments that do not meet certain criteria (A) Surface impoundments that require assessment of corrective measures within 10 years of the date of enactment (i) In general In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) of this subparagraph and clauses (i) and (ii) of subparagraph (D) if the surface impoundment— (I) does not— (aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and (bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and (II) within 10 years after the date of enactment of this section, is required under section 258.56(a) of title 40, Code of Federal Regulations, to undergo an assessment of corrective measures for any constituent covered under subpart E of part 258 of title 40, Code of Federal Regulations, or otherwise identified in paragraph (2)(B)(ii) of this subsection, for which assessment groundwater monitoring is required. (ii) Deadline to meet groundwater protection standard Except as provided in subparagraph (C), the implementing agency shall require that the groundwater protection standard, for surface impoundments identified in clause (i) of this subparagraph, established by the implementing agency under section 258.55(h) or 258.55(i) of title 40, Code of Federal Regulations, for any constituent for which corrective measures are required shall be met— (I) as soon as practicable at the relevant point of compliance, as described in section 258.40(d) of title 40, Code of Federal Regulations; and (II) not later than 10 years after the date of enactment of this section. (B) Surface impoundments subject to a state corrective action requirement as of the date of enactment (i) In general In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) of this subparagraph and clauses (i) and (ii) of subparagraph (D) if the surface impoundment— (I) does not— (aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and (bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and (II) as of the date of enactment of this section, is subject to a State corrective action requirement. (ii) Deadline to meet groundwater protection standard Except as provided in subparagraph (C), the implementing agency shall require that the groundwater protection standard, for surface impoundments identified in clause (i) of this subparagraph, established by the implementing agency under section 258.55(h) or 258.55(i) of title 40, Code of Federal Regulations, for any constituent for which corrective measures are required shall be met— (I) as soon as practicable at the relevant point of compliance, as described in section 258.40(d) of title 40, Code of Federal Regulations; and (II) not later than 8 years after the date of enactment of this section. (C) Extension of deadline (i) In general Except as provided in clause (ii) of this subparagraph, the deadline for meeting a groundwater protection standard under subparagraph (A)(ii) or (B)(ii) may be extended by the implementing agency, after opportunity for public notice and comment under the public participation process described in subsection (b)(2)(B)(iii)(III), or in subsection (e)(6) based on— (I) the effectiveness of any interim measures implemented by the owner or operator of the facility under section 258.58(a)(3) of title 40, Code of Federal Regulations; (II) the level of progress demonstrated in meeting the groundwater protection standard; (III) the potential for other adverse human health or environmental exposures attributable to the contamination from the surface impoundment undergoing corrective action; and (IV) the lack of available alternative management capacity for the coal combustion residuals and related materials managed in the impoundment at the facility at which the impoundment is located if the owner or operator has used best efforts, as necessary, to design, obtain any necessary permits, finance, construct, and render operational the alternative management capacity during the time period for meeting a groundwater protection standard in subparagraph (A)(ii) or (B)(ii). (ii) Exception The deadline under subparagraph (A)(ii) or (B)(ii) shall not be extended if there has been contamination of public or private drinking water systems attributable to a surface impoundment undergoing corrective action, unless the contamination has been addressed by providing a permanent replacement water system. (D) Additional requirements (i) Closure If the deadline under subparagraph (A)(ii), (B)(ii), or (C) is not satisfied, the surface impoundment shall cease receiving coal combustion residuals and initiate closure under paragraph (5). (ii) Interim measures (I) In general Except as provided in subclause (II), not later than 90 days after the date on which the assessment of corrective measures is initiated, the owner or operator of a surface impoundment described in subparagraph (A) or (B) shall implement interim measures, as necessary, under the factors in section 258.58(a)(3) of title 40, Code of Federal Regulations. (II) Impoundments subject to state corrective action requirement as of the date of enactment Subclause (I) shall only apply to surface impoundments subject to a State corrective action requirement as of the date of enactment of this section if the owner or operator has not implemented interim measures, as necessary, under the factors in section 258.58(a)(3) of title 40, Code of Federal Regulations. (E) Surface impoundments that require assessment of corrective measures more than 10 years after date of enactment (i) In general In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) if the surface impoundment— (I) does not— (aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and (bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and (II) more than 10 years after the date of enactment of this section, is required under section 258.56(a) title 40, Code of Federal Regulations, to undergo an assessment of corrective measures for any constituent covered under subpart E of part 258 of title 40, Code of Federal Regulations, or otherwise identified in paragraph (2)(B)(ii) of this subsection, for which assessment groundwater monitoring is required. (ii) Requirements (I) Closure The surface impoundments identified in clause (i) shall cease receiving coal combustion residuals and initiate closure in accordance with paragraph (5) after alternative management capacity at the facility is available for the coal combustion residuals and related materials managed in the impoundment. (II) Best efforts The alternative management capacity shall be developed as soon as practicable with the owner or operator using best efforts to design, obtain necessary permits for, finance, construct, and render operational the alternative management capacity. (III) Alternative capacity management plan The owner or operator shall, in collaboration with the implementing agency, prepare a written plan that describes the steps necessary to develop the alternative management capacity and includes a schedule for completion. (IV) Public participation The plan described in subclause (III) shall be subject to public notice and comment under the public participation process described in subsection (b)(2)(B)(iii)(III) or in subsection (e)(6), as applicable. (5) Closure (A) In general If it is determined by the implementing agency that a structure should close because the requirements of a coal combustion residuals permit program are not being satisfied with respect to such structure, or if it is determined by the owner or operator that a structure should close, the time period and method for the closure of such structure shall be set forth in a closure plan that establishes a deadline for completion of closure as soon as practicable and that takes into account the nature and the site-specific characteristics of the structure to be closed. (B) Surface impoundment In the case of a surface impoundment, the closure plan under subparagraph (A) shall require, at a minimum, the removal of liquid and the stabilization of remaining waste, as necessary to support the final cover. (d) Federal review of State permit programs (1) In general The Administrator shall provide to a State written notice and an opportunity to remedy deficiencies in accordance with paragraph (3) if at any time the State— (A) does not satisfy the notification requirement under subsection (b)(1); (B) has not submitted a certification required under subsection (b)(2); (C) does not satisfy the maintenance requirement under subsection (b)(3); (D) is not implementing a coal combustion residuals permit program, with respect to which the State has submitted a certification under subsection (b)(2), that meets the requirements described in subsection (c); (E) is not implementing a coal combustion residuals permit program, with respect to which the State has submitted a certification under subsection (b)(2)— (i) that is consistent with such certification; and (ii) for which the State continues to have in effect statutes or regulations necessary to implement such program; or (F) does not make available to the Administrator, within 90 days of a written request, specific information necessary for the Administrator to ascertain whether the State has satisfied the requirements described in subparagraphs (A) through (E). (2) Request If a request described in paragraph (1)(F) is proposed pursuant to a petition to the Administrator, the Administrator shall only make the request if the Administrator does not possess the information necessary to ascertain whether the State has satisfied the requirements described in subparagraphs (A) through (E) of such paragraph. (3) Contents of notice; deadline for response A notice provided under paragraph (1) shall— (A) include findings of the Administrator detailing any applicable deficiencies described in subparagraphs (A) through (F) of paragraph (1); and (B) identify, in collaboration with the State, a reasonable deadline by which the State shall remedy such applicable deficiencies, which shall be— (i) in the case of a deficiency described in subparagraphs (A) through (E) of paragraph (1), not earlier than 180 days after the date on which the State receives the notice; and (ii) in the case of a deficiency described in paragraph (1)(F), not later than 90 days after the date on which the State receives the notice. (4) Criteria for determining deficiency of State permit program In making a determination whether a State has failed to satisfy the requirements described in subparagraphs (A) through (E) of paragraph (1), or a determination under subsection (e)(1)(B), the Administrator shall consider, as appropriate— (A) whether the State’s statutes or regulations to implement a coal combustion residuals permit program are not sufficient to meet the requirements described in subsection (c) because of— (i) failure of the State to promulgate or enact new statutes or regulations when necessary; or (ii) action by a State legislature or court striking down or limiting such State statutes or regulations; (B) whether the operation of the State coal combustion residuals permit program fails to comply with the requirements of subsection (c) because of— (i) failure of the State to issue permits as required in subsection (c)(1)(E); (ii) repeated issuance of permits by the State which do not meet the requirements of subsection (c); (iii) failure of the State to comply with the public participation requirements of this section; or (iv) failure of the State to implement corrective action requirements as described in subsection (c)(2)(B); and (C) whether the enforcement of a State coal combustion residuals permit program fails to comply with the requirements of this section because of— (i) failure to act on violations of permits, as identified by the State; or (ii) repeated failure by the State to inspect or otherwise determine compliance pursuant to the process identified in subsection (b)(2)(B)(iii)(I). (e) Implementation by Administrator (1) Federal backstop authority The Administrator shall implement a coal combustion residuals permit program for a State only if— (A) the Governor of the State notifies the Administrator under subsection (b)(1) that the State will not adopt and implement a permit program; (B) the State has received a notice under subsection (d) and the Administrator determines, after providing a 30-day period for notice and public comment, that the State has failed, by the deadline identified in the notice under subsection (d)(3)(B), to remedy the deficiencies detailed in the notice under subsection (d)(3)(A); or (C) the State informs the Administrator, in writing, that such State will no longer implement such a permit program. (2) Review A State may obtain a review of a determination by the Administrator under this subsection as if the determination was a final regulation for purposes of section 7006. (3) Other structures For structures that receive coal combustion residuals on or after the date of enactment of this section located on property within the exterior boundaries of a State that the State does not have authority or jurisdiction to regulate, the Administrator shall implement a coal combustion residuals permit program only for those structures. (4) Requirements If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1) or (3), the permit program shall consist of the requirements described in subsection (c). (5) Enforcement (A) In general If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1)— (i) the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures for which the Administrator is implementing the coal combustion residuals permit program; and (ii) the Administrator may use those authorities to inspect, gather information, and enforce the requirements of this section in the State. (B) Other structures If the Administrator implements a coal combustion residuals permit program under paragraph (3)— (i) the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures for which the Administrator is implementing the coal combustion residuals permit program; and (ii) the Administrator may use those authorities to inspect, gather information, and enforce the requirements of this section for the structures for which the Administrator is implementing the coal combustion residuals permit program. (6) Public participation process If the Administrator implements a coal combustion residuals permit program for a State under this subsection, the Administrator shall provide a 30-day period for the public participation process required in paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of subsection (c). (f) State control after implementation by Administrator (1) State control (A) New adoption, or resumption of, and implementation by State For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(A), or subsection (e)(1)(C), the State may adopt and implement such a permit program by— (i) notifying the Administrator that the State will adopt and implement such a permit program; (ii) not later than 6 months after the date of such notification, submitting to the Administrator a certification under subsection (b)(2); and (iii) receiving from the Administrator— (I) a determination, after providing a 30-day period for notice and public comment, that the State coal combustion residuals permit program meets the requirements described in subsection (c); and (II) a timeline for transition of control of the coal combustion residuals permit program. (B) Remedying deficient permit program For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(B), the State may adopt and implement such a permit program by— (i) remedying only the deficiencies detailed in the notice pursuant to subsection (d)(3)(A); and (ii) receiving from the Administrator— (I) a determination, after providing a 30-day period for notice and public comment, that the deficiencies detailed in such notice have been remedied; and (II) a timeline for transition of control of the coal combustion residuals permit program. (2) Review of determination (A) Determination required The Administrator shall make a determination under paragraph (1) not later than 90 days after the date on which the State submits a certification under paragraph (1)(A)(ii), or notifies the Administrator that the deficiencies have been remedied pursuant to paragraph (1)(B)(i), as applicable. (B) Review A State may obtain a review of a determination by the Administrator under paragraph (1) as if such determination was a final regulation for purposes of section 7006. (3) Implementation during transition (A) Effect on actions and orders Program requirements of, and actions taken or orders issued pursuant to, a coal combustion residuals permit program shall remain in effect if— (i) a State takes control of its coal combustion residuals permit program from the Administrator under paragraph (1); or (ii) the Administrator takes control of a coal combustion residuals permit program from a State under subsection (e). (B) Change in requirements Subparagraph (A) shall apply to such program requirements, actions, and orders until such time as— (i) the implementing agency changes the requirements of the coal combustion residuals permit program with respect to the basis for the action or order; or (ii) the State or the Administrator, whichever took the action or issued the order, certifies the completion of a corrective action that is the subject of the action or order. (4) Single permit program If a State adopts and implements a coal combustion residuals permit program under this subsection, the Administrator shall cease to implement the permit program implemented under subsection (e)(1) for such State. (g) Effect on determination under 4005 (c) or 3006 The Administrator shall not consider the implementation of a coal combustion residuals permit program by the Administrator under subsection (e) in making a determination of approval for a permit program or other system of prior approval and conditions under section 4005(c) or of authorization for a program under section 3006. (h) Authority (1) State authority Nothing in this section shall preclude or deny any right of any State to adopt or enforce any regulation or requirement respecting coal combustion residuals that is more stringent or broader in scope than a regulation or requirement under this section. (2) Authority of the administrator (A) In general Except as provided in subsections (d) and (e) and section 6005, the Administrator shall, with respect to the regulation of coal combustion residuals, defer to the States pursuant to this section. (B) Imminent hazard Nothing in this section shall be construed as affecting the authority of the Administrator under section 7003 with respect to coal combustion residuals. (C) Enforcement assistance only upon request Upon request from the head of a lead State agency that is implementing a coal combustion residuals permit program, the Administrator may provide to such State agency only the enforcement assistance requested. (D) Concurrent enforcement Except as provided in subparagraph (C), the Administrator shall not have concurrent enforcement authority when a State is implementing a coal combustion residuals permit program, including during any period of interim operation described in subsection (c)(3)(D). (E) Other authority The Administrator shall not have authority to finalize the proposed rule published at pages 35128 through 35264 of volume 75 of the Federal Register (June 21, 2010). (F) Other response authority Nothing in this section shall be construed as affecting the authority of the Administrator under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) with respect to coal combustion residuals. (3) Citizen suits Nothing in this section shall be construed to affect the authority of a person to commence a civil action in accordance with section 7002. (i) Mine reclamation activities A coal combustion residuals permit program implemented by the Administrator under subsection (e) shall not apply to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations. (j) Definitions In this section: (1) Coal combustion residuals The term coal combustion residuals means— (A) the solid wastes listed in section 3001(b)(3)(A)(i), including recoverable materials from such wastes; (B) coal combustion wastes that are co-managed with wastes produced in conjunction with the combustion of coal, provided that such wastes are not segregated and disposed of separately from the coal combustion wastes and comprise a relatively small proportion of the total wastes being disposed in the structure; (C) fluidized bed combustion wastes; (D) wastes from the co-burning of coal with non-hazardous secondary materials, provided that coal makes up at least 50 percent of the total fuel burned; and (E) wastes from the co-burning of coal with materials described in subparagraph (A) that are recovered from monofills. (2) Coal combustion residuals permit program The term coal combustion residuals permit program means all of the authorities, activities, and procedures that comprise the system of prior approval and conditions implemented by or for a State to regulate the management and disposal of coal combustion residuals. (3) Code of Federal regulations The term Code of Federal Regulations means the Code of Federal Regulations (as in effect on the date of enactment of this section) or any successor regulations. (4) Implementing agency The term implementing agency means the agency responsible for implementing a coal combustion residuals permit program for a State, which shall either be the lead State implementing agency identified under subsection (b)(2)(B)(i) or the Administrator pursuant to subsection (e). (5) Permit; prior approval and conditions Except as provided in subsections (b)(3) and (g), the terms permit and prior approval and conditions mean any authorization, license, or equivalent control document that incorporates the requirements of subsection (c). (6) Revised criteria The term revised criteria means the criteria promulgated for municipal solid waste landfill units under section 4004(a) and under section 1008(a)(3), as revised under section 4010(c). (7) Structure (A) In general Except as provided in subparagraph (B), the term structure means a landfill, surface impoundment, or other land-based unit which receives, or is intended to receive, coal combustion residuals. (B) De minimis receipt The term structure does not include any land-based unit that receives only de minimis quantities of coal combustion residuals if the presence of coal combustion residuals is incidental to the material managed in the unit. . (b) Conforming amendment The table of contents contained in section 1001 of the Solid Waste Disposal Act is amended by inserting after the item relating to section 4010 the following: Sec. 4011. Management and disposal of coal combustion residuals. . 8003. 2000 regulatory determination Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to alter in any manner the Environmental Protection Agency’s regulatory determination entitled Notice of Regulatory Determination on Wastes From the Combustion of Fossil Fuels , published at 65 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under subtitle C of the Solid Waste Disposal Act ( 42 U.S.C. 6921 et seq. ). 8004. Technical assistance Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to affect the authority of a State to request, or the Administrator of the Environmental Protection Agency to provide, technical assistance under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). 8005. Federal Power Act Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to affect the obligations of an owner or operator of a structure (as defined in section 4011 of the Solid Waste Disposal Act, as added by this Act) under section 215(b)(1) of the Federal Power Act ( 16 U.S.C. 824o(b)(1) ). B Surface Mining Stream Buffer Zone Rule 8011. Short title This subtitle may be cited as the Preventing Government Waste and Protecting Coal Mining Jobs in America . 8012. Incorporation of surface mining stream buffer zone rule into State programs (a) In general Section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) is amended by adding at the end the following: (e) Stream buffer zone management (1) In general In addition to the requirements under subsection (a), each State program shall incorporate the necessary rule regarding excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008 (73 Fed. Reg. 75813 et seq.). (2) Study of implementation The Secretary shall— (A) at such time as the Secretary determines all States referred to in subsection (a) have fully incorporated the necessary rule referred to in paragraph (1) of this subsection into their State programs, publish notice of such determination; (B) during the 5-year period beginning on the date of such publication, assess the effectiveness of implementation of such rule by such States; and (C) upon the conclusion of such period, submit a comprehensive report on the impacts of such rule to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, including— (i) an evaluation of the effectiveness of such rule; (ii) an evaluation of any ways in which the existing rule inhibits energy production; and (iii) a description in detail of any proposed changes that should be made to the rule, the justification for such changes, all comments on such changes received by the Secretary from such States, and the projected costs and benefits of such changes. (3) Limitation on new regulations The Secretary may not issue any regulations under this Act relating to stream buffer zones or stream protection before the date of the publication of the report under paragraph (2), other than a rule necessary to implement paragraph (1). . (b) Deadline for State implementation Not later than 2 years after the date of the enactment of this Act, a State with a State program approved under section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) shall submit to the Secretary of the Interior amendments to such program pursuant to part 732 of title 30, Code of Federal Regulations, incorporating the necessary rule referred to in subsection (e)(1) of such section, as amended by this section. XVIII Satisfying Energy Needs and Saving the Environment 9001. Short title This Act may be cited as the Satisfying Energy Needs and Saving the Environment Act of 2014 or the SENSE Act of 2014 . 9002. Inapplicability of certain emission limits for electric utility steam generating units that convert coal refuse into energy (a) Inapplicability of certain emission limits for certain EGUs The emission limits for hydrogen chloride and sulfur dioxide in table 2 to subpart UUUUU of part 63 of title 40, Code of Federal Regulations, entitled Emission Limits for Existing EGUs , shall not apply to an electric utility steam generating unit in the subcategory Coal-fired unit not low rank virgin coal if such electric utility steam generating unit— (1) is in operation as of the date of enactment of this Act; (2) utilizes circulating fluidized bed technology to convert coal refuse into energy; and (3) (A) derives at least 75 percent of its heat input from coal refuse; or (B) is a qualifying facility. (b) Definitions In this section: (1) Coal refuse The term coal refuse means any byproduct of coal mining, physical coal cleaning, or coal preparation operations, that contains coal, matrix material, clay, and other organic and inorganic material. (2) Qualifying cogeneration facility The term qualifying cogeneration facility has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (3) Qualifying facility The term qualifying facility means— (A) a qualifying small power production facility; or (B) a qualifying cogeneration facility. (4) Qualifying small power production facility The term qualifying small power production facility has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). XIX Nuclear Regulatory Commission Reorganization Plan Codification and Complements 10001. Short title This title may be cited as the Nuclear Regulatory Commission Reorganization Plan Codification and Complements Act . A Replacement of Reorganization Plan 10011. General functions (a) Functions Those functions of the Nuclear Regulatory Commission (in this subtitle referred to as the Commission ) concerned with— (1) policy formulation; (2) rulemaking, as defined in section 553 of title 5 of the United States Code, except that those matters set forth in 553 (a)(2) and (b) which do not pertain to policy formulation orders or adjudications shall be reserved to the Chairman of the Commission; (3) orders and adjudications, as defined in section 551 (6) and (7) of title 5 of the United States Code; and (4) approving the distribution of appropriated funds according to programs and purposes proposed by the Executive Director for Operations, shall remain vested in the Commission. A majority of the Commission may determine, in an area of doubt, whether any matter, action, question, or area of inquiry pertains to one of these functions. Any member of the Commission may request such a vote. Any member of the Commission may propose a policy matter for consideration by the Commission. All members of the Commission shall have full, unfettered, timely, and equal access to information pertaining to its functions. The performance of any portion of these functions may be delegated by the Commission to a member of the Commission, including the Chairman of the Commission (in this subtitle referred to as the Chairman ) and to the staff. (b) Officers and employees (1) Officers With respect to the following officers or successor officers duly established by statute or by the Commission, the Chairman shall initiate the appointment, subject to the approval of the Commission, and the Chairman or a member of the Commission may initiate an action for removal, subject to the approval of the Commission by majority vote: (A) Executive Director for Operations. (B) Chief and Deputy Chief Financial Officer. (C) General Counsel. (D) Director of the Office of Commission Appellate Adjudication. (E) Secretary of the Commission. (F) Director of the Office of Public Affairs. (G) Director of the Office of Congressional Affairs. (H) Director of the Office of International Programs. (I) Chief Administrative Judge and members of the Atomic Safety and Licensing Board Panel. Any performance evaluation or rating of the officers listed in subparagraphs (A) through (I) shall be determined by a majority vote of the members of the Commission. (2) Replacement of officers (A) In the event of a vacancy in a position described in paragraph (1), the Chairman may designate an acting officer for a maximum of 60 days, after which any further extension must be approved by the Commission. If, at the end of 60 days, the Commission has not approved the appointment of an officer proposed by the Chairman, or the Chairman has not proposed one, any Commissioner may initiate the appointment subject to approval of the Commission. (B) With respect to the following officers or successor officers duly established by statute or by the Commission, the Chairman, after consultation with the Executive Director for Operations, shall initiate the appointment, subject to the approval of the Commission, and the Chairman, or a member of the Commission may initiate an action for removal, subject to the approval of the Commission by majority vote: (i) Director of the Office of Nuclear Reactor Regulation. (ii) Director of the Office of Nuclear Material Safety and Safeguards. (iii) Director of the Office of Nuclear Regulatory Research. (iv) Director of the Office of Nuclear Security and Incident Response. (v) Director of the Office of New Reactors. (vi) Director of the Office of Federal and State Materials and Environmental Management Programs. (vii) Director of the Office of Investigations. (viii) Director of the Office of Enforcement. (3) Appointment of Advisory Committee on Reactor Safeguards The Chairman or a member of the Commission shall initiate the appointment of the Members of the Advisory Committee on Reactor Safeguards, subject to the approval of the Commission. The provisions for appointment of the Chairman of the Advisory Committee on Reactor Safeguards and the term of the members shall not be affected by the provisions of this subtitle. (4) Delegation of staff supervision functions The Commission shall delegate the function of appointing, removing, and supervising the staff of the following offices or successor offices to the respective heads of such offices: Executive Director for Operations, General Counsel, Secretary of the Commission, Chief Financial Officer, Office of Commission Appellate Adjudication, Office of Congressional Affairs, Office of Public Affairs, and Office of International Programs. The Commission shall delegate the functions of appointing, removing, and supervising the staff of the following panels and committee to the respective Chairmen thereof: Atomic Safety and Licensing Board Panel and Advisory Committee on Reactor Safeguards. (c) Commission member offices Each member of the Commission shall appoint, remove, and supervise the personnel employed in his or her immediate office. (d) Performance of functions The Commission shall act as provided by section 201(a)(1) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(1) ) in the performance of its functions as described in subsections (a) and (b) of this section. 10012. Chairman (a) Functions Except as otherwise provided in section 10011, all functions of the Commission shall rest with the Chairman. The Chairman shall be the official spokesman for the Commission and, as such, shall represent the policies determined by a majority of the Commission. (b) Additional functions The Chairman shall also be the principal executive officer of the Commission, and shall be responsible to the Commission for assuring that the Executive Director for Operations and the staff of the Commission (other than the officers and staff referred to in section 10011(b)(4) and (c)) are responsive to the requirements of the Commission in the performance of its functions; shall determine the use and expenditure of funds of the Commission, in accordance with the distribution of appropriated funds according to programs and purposes approved by the Commission; shall present to the Commission for its consideration the proposals set forth in paragraph (3); and shall be responsible for the following functions, which the Chairman shall delegate, subject to the Chairman’s direction and supervision, to the Executive Director for Operations unless otherwise provided by this title: (1) Administrative functions of the Commission. (2) Distribution of business among such personnel and among administrative units and offices of the Commission. (3) Preparation of proposals for the reorganization of the major offices of the Commission. (4) Appointing and removing, without any further action by the Commission, all officers and employees under the Commission other than those whose appointment and removal are specifically provided for by section 10011(b) and (c). (c) Governing principles (1) In general The Chairman as principal executive officer and the Executive Director for Operations shall be governed by the general policies of the Commission and by such regulatory decisions, findings, and determinations, including those for reorganization proposals, budget revisions, and distribution of appropriated funds, as the Commission may by law, including this subtitle, be authorized to make. (2) Full and current information The Chairman and the Executive Director for Operations shall have joint responsibility insuring that the Commission is fully and currently informed about matters within its functions. (3) Failure to act in accordance If a majority of Commissioners determine that the Chairman has not acted in accordance with paragraph (1) or (2), such Commissioners shall provide written notice of the determination to the President and provide copies thereof to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. 10013. Emergency authority (a) In general Notwithstanding sections 10001 and 10002, the Chairman is authorized to exercise emergency authority described in paragraph (4), subject to the following limitations: (1) The Chairman may not exercise emergency authority unless and until the Chairman declares a specific emergency exists and, not later than 24 hours after such declaration, notifies— (A) the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate, in writing; and (B) the public. (2) The Chairman may only exercise emergency authority in response to— (A) an imminent safety threat pertaining to a facility or materials licensed or regulated by the Commission; or (B) a determination by the Secretary of Homeland Security, the Secretary of Energy, the Secretary of Transportation, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, or the Director of National Intelligence of an imminent security threat to a facility or materials licensed or regulated by the Commission. Where authority is exercised pursuant to this section, public notification may be delayed provided that the Chairman determines that prior public disclosure would constitute a risk to public health and safety and so notifies the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (3) The Chairman may only exercise emergency authority for the duration of the emergency or 30 days, whichever is less. The Commission may approve extensions of that time. Each extension is limited to 30 days and requires notification of the public, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (4) The Chairman’s emergency authority includes the functions of responding to, issuing orders respecting, advising United States civil authorities and the United States public about, and directing and coordinating actions relative to such emergency incident. (b) Delegation The Chairman may delegate the authority to perform such emergency functions, in whole or in part, to any of the other members of the Commission. Such authority may also be delegated or redelegated, in whole or in part, to the staff of the Commission. (c) Consultation To the extent practicable, the Chairman shall consult with the full Commission on any regulatory or policy actions to be taken under an emergency. Such consultations shall be exempt from the requirements of section 552b of title 5, United States Code (commonly referred to as the Government in the Sunshine Act ). (d) Guidelines and notice In acting under this section, the Chairman, or other member of the Commission delegated authority under subsection (b), shall conform to the policy guidelines of the Commission. (e) Termination of emergency Upon termination of the emergency, the Chairman shall immediately notify the Commission, the public, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (f) Report Within 30 days following the conclusion of the emergency, the Chairman, or the member of the Commission or member of the staff delegated the emergency functions under subsection (b), shall render a complete report of all actions taken during the emergency, specifically delineating actions taken utilizing the authority provided in this section, to the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (g) Commission procedures Not later than 90 days after the date of enactment of this Act, the Commission shall revise its procedures to comply with the requirements of this section. Such revision shall define the roles of the Commissioners during an emergency, specifying— (1) complete access to records and information relating to actions taken during the emergency; (2) complete access to Commission staff involved in the management of the emergency; (3) complete access to the location or locations where decisions are made during the emergency; and (4) participation in decisions that may affect Commission actions and policies beyond the response to a particular emergency to the extent practicable. 10014. Reporting (a) Delegation; direct communication The Chairman may make such delegations and provide for such reporting as the Chairman deems necessary, subject to provisions of law. Any officer or employee under the Commission may communicate directly to the Commission, or to any member of the Commission, whenever in the view of such officer or employee a critical problem, or matter of public health and safety or common defense and security, is not being properly addressed. (b) Executive Director for Operations The Executive Director for Operations shall report for all matters to the Chairman. (c) Functions The Directors of Nuclear Reactor Regulations, Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research shall report to the Executive Director for Operations. (d) Direct reporting The heads of the Commission level offices or successor offices, of General Counsel, Secretary of the Commission, Commission Appellate Adjudication, Congressional Affairs, Public Affairs, International Programs, Atomic Safety and Licensing Board Panel, and Advisory Committee on Reactor Safeguards shall report directly to the Commission and the Commission shall receive such reports. 10015. Rescission of Reorganization Plan approval Approval of Reorganization Plan No. 1 of 1980 ( 5 U.S.C. App. 1 ) is rescinded. B Miscellaneous 10021. Certification of documents transmitted to Congress A letter or other document transmitted by the Nuclear Regulatory Commission, on behalf of the full Commission, to a member of Congress in his or her capacity as chairman or ranking minority member of a Committee of Congress, shall include a certification that the letter or document is being sent to both the Chairman and ranking minority member of that Committee in accordance with established Commission procedures. 10022. Time limits for Commission review of Atomic Safety and Licensing Board decisions When reviewing the decisions and actions of the Atomic Safety and Licensing Board, the Commission shall follow the following procedures: (1) Each Commissioner shall vote on the matter not later than 90 days after receipt of final briefs, after which time the Commission shall not further delay a decision. Once a majority position is established, the Secretary shall notify in writing any Commissioners who have not voted that a majority position has been established. Any Commissioners who have not yet voted shall vote within three days of the Secretary’s notice or be considered by the Secretary as not participating. (2) Not later than 30 days after a majority position is established, the Commission shall publish any resulting decision, including adjudicatory orders and direction to agency staff. If a majority position is not established due to a tied vote, not later than 30 days after Commission voting is complete, the Commission shall publish any resulting decision, including adjudicatory orders and direction to agency staff. 10023. Allegations of wrongdoing (a) Referral to inspector general Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall revise its procedures to ensure that any allegation of wrongdoing on the part of the Chairman of the Commission is immediately referred to the Inspector General of the Commission. (b) Supervision of inspector general During the pendency of any investigation by the Inspector General of the Chairman with respect to an allegation described in subsection (a), the Chairman shall delegate responsibility for supervising the Inspector General to a member of the Commission other than the Chairman, consistent with the Inspector General Act of 1978. 10024. Approval of Commissioner travel The Chairman of the Nuclear Regulatory Commission shall authorize all international travel requested by other members of the Commission for official business unless the Chairman submits a notice of disapproval to the full Commission specifying the basis for the disapproval. The notice of disapproval shall be submitted within 5 days after the travel is requested or the travel shall be deemed approved. 10025. Implementation Except as otherwise specified in this title, the Commission shall revise its procedures to conform to this title within 180 days of its date of enactment. XX Permitting for onshore and offshore wind energy A Offshore meteorological site testing and monitoring 11001. Short title This subtitle may be cited at the Advancing Offshore Wind Production Act . 11002. Offshore meteorological site testing and monitoring projects (a) Definition of an offshore meteorological site testing and monitoring project In this section, the term offshore meteorological site testing and monitoring project means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that— (1) causes— (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by for the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including— (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior. (b) Offshore meteorological project permitting (1) In general The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. )) must obtain a permit and right-of-way for the project in accordance with this subsection. (2) Permit and right-of-way timeline and conditions (A) Deadline for approval The Secretary shall decide whether to issue a permit and right-of-way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application. (B) Public comment and consultation During the period referred to in subparagraph (A), the Secretary shall— (i) provide an opportunity for submission of comments by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right-of-way. (C) Denial of permit; opportunity to remedy deficiencies If the application is denied, the Secretary shall provide the applicant— (i) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy such deficiencies. (c) NEPA exclusion Section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall not apply with respect to an offshore meteorological site testing and monitoring project. (d) Protection of information The information provided to the Secretary of the Interior pursuant to subsection (a)(3) shall be treated by the Secretary as proprietary information and protected against disclosure. B Onshore meteorological site testing and monitoring 11011. Short title This subtitle may be cited at the Reducing Regulatory Obstacles to Wind Energy Production Act . 11012. Onshore meteorological site testing and monitoring project (a) Definition of meteorological site testing and monitoring project In this section, the term meteorological site testing and monitoring project means a project carried out on land administered by the Bureau of Land Management or the Forest Service to test or monitor weather (including wind and solar energy) using towers or other devices, that— (1) causes— (A) less than 1 acre of soil or vegetation disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of soil or disruption within the proposed right-of-way for the project; (2) is installed— (A) to the maximum extent practicable, using existing access roads; (B) in a manner that does not require off-road motorized access other than 1 installation activity and 1 decommissioning activity along an identified off-road route approved by the Director of the Bureau of Land Management or Chief of the Forest Service; (C) without construction of new roads other than upgrading of existing minor drainage crossings for safety purposes; and (D) without the use of digging or drilling equipment vehicles other than rubber-tired vehicles with gross weight ratings under 8,500 pounds; (3) is decommissioned not more than 5 years after the date of commencement of the project, including— (A) removal of any towers, devices, or other surface infrastructure from the site; and (B) restoration of the site to approximately the condition that existed at the time the project began; and (4) provides meteorological information obtained by the permitted project to the Bureau of Land Management and the Forest Service. (b) NEPA exclusion Section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall not apply with respect to a meteorological site testing and monitoring project. (c) Permit timeline and conditions (1) In general The Director of the Bureau of Land Management or Chief of the Forest Service, as applicable, shall decide whether to issue a permit for a project that is a meteorological site testing and monitoring project within 30 days after receiving an application for the permit. (2) Public comment and consultation During the period referred to in paragraph (1), the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable, shall— (A) provide an opportunity for submission of comments by the public; and (B) consult with the heads of other Federal, State, and local agencies that would be affected by the issuance of the permit. (3) Denial of Application If the application is denied, the Director or Chief, respectively, shall provide the applicant— (A) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies, and (B) an opportunity to remedy any deficiencies. (d) Protection of information The information provided to the Bureau of Land Management and the Forest Service pursuant to subsection (a)(4) shall be treated by such agency as proprietary information and protected against disclosure. XXI Domestic Prosperity and Global Freedom 12001. Short title This title may be cited as the Domestic Prosperity and Global Freedom Act . 12002. Amendments Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended— (1) by inserting (1) before For purposes ; (2) by striking a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas and inserting a World Trade Organization member nation ; and (3) by adding at the end the following: (2) For purposes of this subsection, the term World Trade Organization member nation means a country described in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)). . 12003. Pending applications Any application for authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) for which a notice has been published in the Federal Register before March 6, 2014, shall be granted without modification or delay. IV Access to Capital XXII Small Business Access to Capital 13001. Registration and reporting exemptions relating to private equity funds advisors Section 203 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3 ) is amended by adding at the end the following: (o) Exemption of and reporting requirements by private equity funds advisors (1) In general Except as provided in this subsection, no investment adviser shall be subject to the registration or reporting requirements of this title with respect to the provision of investment advice relating to a private equity fund or funds, provided that each such fund has not borrowed and does not have outstanding a principal amount in excess of twice its invested capital commitments. (2) Maintenance of records and access by Commission Not later than 6 months after the date of enactment of this subsection, the Commission shall issue final rules— (A) to require investment advisers described in paragraph (1) to maintain such records and provide to the Commission such annual or other reports as the Commission taking into account fund size, governance, investment strategy, risk, and other factors, as the Commission determines necessary and appropriate in the public interest and for the protection of investors; and (B) to define the term private equity fund for purposes of this subsection. . XXIII Community Lending Enhancement and Regulatory Relief 14001. Changes required to small bank holding company policy statement on assessment of financial and managerial factors (a) Small bank holding company policy statement on assessment of financial and managerial factors (1) In general Before the end of the 6-month period beginning on the date of the enactment of this title, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225—appendix C) that provide that the policy shall apply to a bank holding company which has pro forma consolidated assets of less than $5,000,000,000 and that— (A) is not engaged in any nonbanking activities involving significant leverage; and (B) does not have a significant amount of outstanding debt that is held by the general public. (2) Adjustment of amount The Board of Governors of the Federal Reserve System shall annually adjust the dollar amount referred to in paragraph (1) in the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors by an amount equal to the percentage increase, for the most recent year, in total assets held by all insured depository institutions, as determined by the Board. (b) Increase in debt-to-Equity ratio of small bank holding company Before the end of the 6-month period beginning on the date of the enactment of this title, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225—appendix C) such that the debt-to-equity ratio allowable for a small bank holding company in order to remain eligible to pay a corporate dividend and to remain eligible for expedited processing procedures under Regulation Y of the Board of Governors of the Federal Reserve System would increase from 1:1 to 3:1. 14002. Escrow requirements (a) In general Section 129D(c) of the Truth in Lending Act, as added by section 1461(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended— (1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D) and moving such subparagraphs 2 ems to the right; (2) striking The Board and inserting the following: (1) In general The Board ; and (3) by adding at the end the following new paragraph: (2) Treatment of loans held by smaller creditors The Board shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on a consumer’s principle dwelling, if such loan is held by a creditor with assets of $10,000,000,000 or less. . 14003. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act Section 503 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6803 ) is amended by adding at the end the following: (f) Exception to annual notice requirement A financial institution that— (1) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 502 or regulations prescribed under section 504(b), and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this subsection, shall not be required to provide an annual disclosure under this subsection until such time as the financial institution fails to comply with any criteria described in paragraph (1) or (2). . 14004. Accounting principles cost-benefit requirements Section 19(b) of the Securities Act of 1933 ( 15 U.S.C. 77s(b) ) is amended by adding at the end the following: (3) Generally accepted accounting principles cost-benefit requirements The Commission or its designee shall conduct analyses of the costs and benefits (including economic benefits) of any new or amended accounting principle described under paragraph (1), and may not recognize such new or amended accounting principle, unless the Commission or its designee determines that the benefits to investors of such new or amended accounting principle significantly outweigh its costs. . 14005. Community bank exemption from annual management assessment of internal controls requirement of the Sarbanes-Oxley Act of 2002 Section 404 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7262 ) is amended by adding the following new subsection: (d) Community bank exemption (1) In general This section shall not apply in any year to any insured depository institution which, as of the close of the preceding year, had total assets, as determined on a consolidated basis, of $10,000,000,000 or less. (2) Adjustment of amount The Commission shall annually adjust the dollar amount in paragraph (1) by an amount equal to the percentage increase, for the most recent year, in total assets held by all depository institutions, as reported by the Federal Deposit Insurance Corporation. . 14006. Certain loans included as qualified mortgages Section 129C(b)(2) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (viii), by striking and at the end; (B) in clause (ix), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (x) that is originated and retained in portfolio for a period of at least 3 years by a creditor having less than $10,000,000,000 in total assets. ; and (2) in subparagraph (E)— (A) by striking The Board may, by regulation and inserting The Bureau shall, by regulation ; and (B) by amending clause (iv) to read as follows: (iv) that is extended by a creditor that— (I) originates and retains the balloon loans in portfolio for a period of at least 3 years; and (II) together with all affiliates, has total assets of $10,000,000,000 or less. . 14007. Increase in small servicer exemption Section 6 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2605 ) is amended by adding at the end the following: (n) Small servicer exemption The Bureau shall, by regulation, provide exemptions to, or adjustments for, the provisions of this section for servicers that service 20,000 or fewer mortgage loans, in order to reduce regulatory burdens while appropriately balancing consumer protections. . 14008. Appraiser qualification threshold Section 1112(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3341(b)) is amended— (1) by striking may establish a threshold level at or and inserting shall establish a threshold level of $250,000, ; and (2) by striking transactions, if and inserting transactions. Each Federal financial institutions regulatory agency and the Resolution Trust Corporation may establish a higher threshold than $250,000, if . 14009. Coordination among financial institutions Chapter 53 of title 31, United States Code, is amended— (1) by inserting after section 5332 the following new section: 5333. Coordination among financial institutions (a) In general In the case of an entry received via an automated clearing house, no receiving depository financial institution shall be required to verify that the entry is not a prohibited transaction, if the originating depository financial institution has warranted, pursuant to the automated clearing house rules governing such entry or otherwise, that the originating depository financial institution has complied with the sanctions programs administered by the Office of Foreign Assets Control in connection with such entry. (b) Definitions For purposes of this section: (1) Automated clearing house The term automated clearing house means a funds transfer system governed by rules which provide for the interbank clearing of electronic entries for participating depository financial institutions. (2) Depository financial institution The term depository financial institution means— (A) any insured depository institution, as such term is defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); (B) any depository institution which is eligible to apply to become an insured depository institution under section 5 of the Federal Deposit Insurance Act ( 12 U.S.C. 1815 ); (C) any insured credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); and (D) any credit union which is eligible to apply to become an insured credit union pursuant to section 201 of the Federal Credit Union Act ( 12 U.S.C. 1781 ). (3) Entry The term entry means an order to request for the transfer of funds through an automated clearing house. (4) Originating depository financial institution The term originating depository financial institution means a depository financial institution that transmits entries via an automated clearing house for transmittal to a receiving depository financial institution. (5) Prohibited transaction The term prohibited transaction means a funds transfer originated on behalf of a person to or from whom funds transfers are restricted by a sanctions program administered by the Office of Foreign Assets Control, including persons appearing on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control. (6) Receiving depository financial institution The term receiving depository financial institution means a depository financial institution that receives entries via an automated clearing house from an originating depository financial institution for debit or credit to the accounts of its customers. ; and (2) in the table of contents for such chapter by inserting after the item relating to section 5332 the following new item: 5333. Coordination among financial institutions. .
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113-hr-4305
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I 113th CONGRESS 2d Session H. R. 4305 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Thompson of Pennsylvania (for himself, Mr. Ryan of Ohio , Mr. Roe of Tennessee , Mrs. Christensen , Mrs. Napolitano , Mr. Kelly of Pennsylvania , Mr. Marino , Mr. Jones , Mr. Bishop of Utah , Mr. Barletta , and Mr. Meadows ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide an individual with a mental health assessment before the individual enlists in the Armed Forces or is commissioned as an officer in the Armed Forces.
1. Short title This Act may be cited as the Medical Evaluation Parity for Servicemembers Act of 2014 or the MEPS Act . 2. Findings Congress finds the following: (1) More focus needs to be put on mental health in America. (2) The large number of suicides among veterans and members of the Armed Forces is unacceptable, especially given that more members have died by suicide than in combat. (3) Many of those suicides in the military were members of the Armed Forces who never deployed. (4) Members of the Armed Forces, having been at war for more than a decade, have been put through acute physical and mental stress. (5) Many of the suicides in the Armed Forces can be prevented, and studies have found that improved screening reduced later behavioral problems by 78 percent and reduced thoughts of suicide by more than half. (6) Although the military currently has a baseline measurement process for physical health, the military does not currently have similar standards for mental health. (7) It is important that the military ensures that the members of the Armed Forces are both physically and mentally fit for all the missions the United States requires. 3. Preliminary mental health assessments (a) In general Chapter 31 of title 10, United States Code, is amended by adding at the end the following new section: 520d. Preliminary mental health assessments (a) Provision of mental health assessment Before any individual enlists in an armed force or is commissioned as an officer in an armed force, the Secretary concerned shall provide the individual with a mental health assessment. The Secretary shall use such results as a baseline for any subsequent mental health examinations, including such examinations provided under sections 1074f and 1074m of this title. (b) Use of assessment The Secretary may not consider the results of a mental health assessment conducted under subsection (a) in determining the assignment or promotion of a member of the Armed Forces. (c) Application of privacy laws With respect to applicable laws and regulations relating to the privacy of information, the Secretary shall treat a mental health assessment conducted under subsection (a) in the same manner as the medical records of a member of the Armed Forces. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 520c the following new item: 520d. Preliminary mental health assessments. . (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the National Institute of Mental Health of the National Institutes of Health shall submit to Congress and the Secretary of Defense a report on preliminary mental health assessments of members of the Armed Forces. (2) Matters included The report under paragraph (1) shall include the following: (A) Recommendations with respect to establishing a preliminary mental health assessment of members of the Armed Forces to bring mental health screenings to parity with physical screenings of members. (B) Recommendations with respect to the composition of the mental health assessment, best practices, and how to track assessment changes relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions. (3) Coordination The National Institute of Mental Health shall carry out paragraph (1) in coordination with the Secretary of Veterans Affairs, the Director of the Centers for Disease Control and Prevention, the surgeons general of the military departments, and other relevant experts.
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113-hr-4306
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I 113th CONGRESS 2d Session H. R. 4306 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Connolly (for himself, Mr. Moran , Mr. Cummings , Mr. Tierney , Mr. Cartwright , Ms. Michelle Lujan Grisham of New Mexico , Mr. Lynch , Mr. Ruppersberger , Ms. Norton , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To increase the rates of pay under the General Schedule and for prevailing rate employees by 3.3 percent, and for other purposes.
1. Short title This Act may be cited as the Federal Adjustment of Income Rates Act of 2014 or the FAIR Act . 2. Adjustment to rates of pay (a) General schedule For calendar year 2015, the percentage adjustment under section 5303 of title 5, United States Code, in the rates of basic pay under the General Schedule shall be 3.3 percent. Any adjustment made by the President with respect to calendar year 2015 pursuant to such section shall have no force or effect. (b) Prevailing rate employees Notwithstanding the wage survey requirements under section 5343(b) of title 5, United States Code, for calendar year 2015, the rates of basic pay for prevailing rate employees in each wage area (as in effect on January 1, 2015 under section 5343(a) of such title) and the rates of basic pay under sections 5348 and 5349 of such title shall be increased by 3.3 percent. Any increase made by the President with respect to calendar year 2015 pursuant to section 5343(a), 5348, or 5349 of such title shall have no force or effect.
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113-hr-4307
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I 113th CONGRESS 2d Session H. R. 4307 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Massie (for himself, Mr. Amash , Mr. Broun of Georgia , Mr. Jones , Mr. McClintock , Ms. Pingree of Maine , Mr. Polis , Mr. Rigell , Mr. Stockman , Mr. Rohrabacher , and Mr. Gohmert ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the interstate traffic of unpasteurized milk and milk products that are packaged for direct human consumption.
1. Short title This Act may be cited as the Milk Freedom Act of 2014 . 2. Interstate traffic of unpasteurized milk and milk products (a) Sale allowed Notwithstanding the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), section 361 of the Public Health Service Act ( 42 U.S.C. 264 ), and any regulations or other guidance issued under such Act or section, a Federal department, agency, or court may not take any action (such as administrative, civil, criminal, or other actions) that would prohibit, interfere with, regulate, or otherwise restrict the interstate traffic of milk, or a milk product, that is unpasteurized and packaged for direct human consumption, if such prohibition, interference, regulation, or restriction is based on the determination that, solely because such milk or milk product is unpasteurized, such milk or milk product is adulterated, misbranded, or otherwise in violation of Federal law. (b) Definitions In this section, the following definitions apply: (1) The term milk means the lacteal secretion, practically free from colostrum, obtained by the milking of one or more healthy animals. (2) The term milk product — (A) means a food product made from milk; and (B) includes low-fat milk, skim milk, cream, half and half, dry milk, nonfat milk, dry cream, condensed or concentrated milk products, cultured or acidified milk or milk products, kefir, eggnog, yogurt, butter, cheese, whey, condensed or dry whey or whey products, ice cream, ice milk, and other frozen dairy desserts. (3) The term packaged for direct human consumption means milk and milk products that are packaged for the final consumer and intended for human consumption. Such term does not include milk and milk products that are packaged for additional processing, including pasteurization, before being consumed by humans. (4) The term pasteurized means the process of heating milk and milk products to the applicable temperature specified in the tables contained in section 1240.61 of title 21, Code of Federal Regulations (or successor regulations), and held continuously at or above that temperature for at least the corresponding specified time in such tables. (5) The term unpasteurized means not pasteurized.
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113-hr-4308
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I 113th CONGRESS 2d Session H. R. 4308 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Massie (for himself, Mr. Broun of Georgia , Mr. Jones , Mr. Griffith of Virginia , Mr. Harris , Mr. Labrador , Ms. Lofgren , Mrs. Lummis , Mr. McClintock , Mr. Mulvaney , Ms. Pingree of Maine , Mr. Poe of Texas , Mr. Polis , Mr. Rigell , Mr. Stockman , Mr. Stutzman , Mr. Rohrabacher , Mr. Gohmert , and Mr. Perry ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit Federal interference with the interstate traffic of unpasteurized milk and milk products that are packaged for direct human consumption.
1. Short title This Act may be cited as the Interstate Milk Freedom Act of 2014 . 2. Interstate traffic of unpasteurized milk and milk products (a) In general Notwithstanding the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), section 361 of the Public Health Service Act ( 42 U.S.C. 264 ), and any regulations or other guidance thereunder, a Federal department, agency, or court may not take any action (including any administrative, civil, criminal, or other action) that would prohibit, interfere with, regulate, or otherwise restrict the interstate traffic of milk, or a milk product, that is unpasteurized and packaged for direct human consumption, if— (1) such prohibition, interference, regulation, or restriction is based on a determination that, solely because such milk or milk product is unpasteurized, such milk or milk product is adulterated, misbranded, or otherwise in violation of Federal law; (2) the milk or milk product’s State of origin allows (by law, regulation, or policy) unpasteurized milk or unpasteurized milk products to be distributed for direct human consumption by any means, including any form of retail sale, direct farm to consumer distribution, or cowshare; (3) the milk or milk product is produced, packaged, and moved in compliance with the laws of such State of origin, including any such laws relating to labeling, warning, and packaging requirements; and (4) the milk or milk product is moved from the State of origin with the intent to transport the milk or milk product to another State which allows the distribution of unpasteurized milk or unpasteurized milk products for direct human consumption, as described in paragraph (2), irrespective of whether the applicable laws of such other State are identical to the laws of the State of origin. (b) No preemption Nothing in this Act preempts any State law. (c) Definitions In this Act, the following definitions apply: (1) The term cowshare means an undivided interest in a milk-producing animal (such as a cow, goat, sheep, or water buffalo, or a herd of such animals) created by a written contractual relationship between a consumer and a farmer— (A) that includes a legal bill of sale to the consumer for an interest in the animal or dairy herd and a boarding contract under which the consumer boards the animal or dairy herd in which the consumer has an interest with the farmer for care and milking; and (B) under which the consumer is entitled to receive a share of milk from the animal or dairy herd. (2) The term milk means the lacteal secretion, practically free from colostrum, obtained by the milking of one or more healthy animals . (3) The term milk product — (A) means a food product made from milk; and (B) includes low-fat milk, skim milk, cream, half and half, dry milk, nonfat milk, dry cream, condensed or concentrated milk products, cultured or acidified milk or milk products, kefir, eggnog, yogurt, butter, cheese, whey, condensed or dry whey or whey products, ice cream, ice milk, and other frozen dairy desserts. (4) The term packaged for direct human consumption with respect to milk or milk products— (A) means packaged for the final consumer and intended for human consumption; and (B) does not apply if the milk or milk products are packaged for additional processing, including pasteurization, before being consumed by humans. (5) The term pasteurized means the process of— (A) heating milk or milk products to the applicable temperature specified in the tables contained in section 1240.61 of title 21, Code of Federal Regulations (as in effect on the date of enactment of this Act); and (B) holding the milk or milk product continuously at or above that temperature for at least the corresponding specified time in such tables. (6) The term unpasteurized means not pasteurized.
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113-hr-4309
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I 113th CONGRESS 2d Session H. R. 4309 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Ms. Bordallo 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 amend the Sikes Act to make certain improvements to the administration of cooperative agreements for land management related to Department of Defense readiness activities, and for other purposes.
1. Cooperative agreements under Sikes Act for land management related to Department of Defense readiness activities (a) Multiyear agreements To fund long-Term management Subsection (b) of section 103A of the Sikes Act ( 16 U.S.C. 670c–1 ) is amended— (1) by inserting (1) before Funds ; and (2) by adding at the end the following new paragraph: (2) In the case of a cooperative agreement under subsection (a)(2), funds referred to in paragraph (1)— (A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; (B) may be invested by the recipient in accordance with the recipient’s own guidelines for the management and investment of financial assets, and any interest or income derived from such investment may be applied for the same purposes as the principal; and (C) may be used only for payment of— (i) direct costs of maintenance and improvement of natural resources on the lands within the scope of the agreement; and (ii) indirect and administrative costs, as determined in accordance with official guidance issued by the Office of Management and Budget, but not to exceed 10 percent of the total cost of the project. . (b) Availability of funds and relation to other laws Subsection (c) of such section is amended to read as follows: (c) Availability of funds and relation to other laws (1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds. (2) Notwithstanding chapter 63 of title 31, United States Code, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government. (3) Amounts available to the Department of Defense may not be used under this Act to acquire fee title interest in real property for natural resources projects that are not on a military installation. . (c) Audit The Inspector General of the Department of Defense shall conduct an audit of the natural resources projects funded with amounts available to the Department of Defense under the Sikes Act, as amended by this section, that is not on a military installation. Not later than October 1, 2018, the Inspector General shall submit to Congress a report on the audit conducted under this subsection. (d) Sunset This section and the provisions of law enacted by the amendments made by this section shall expire on October 1, 2019, except that any cooperative agreement referred to in such provisions that is entered into on or before September 30, 2019, shall continue according to its terms and conditions as if this section has not expired.
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113-hr-4310
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I 113th CONGRESS 2d Session H. R. 4310 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Brady of Texas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To direct the Secretary of Labor to issue implementing regulations for drug testing under State unemployment compensation programs, and for other purposes.
1. Short title This Act may be cited as the Ready to Work Act . 2. Deadline to issue regulations (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall issue a final rule to carry out section 303(l)(1)(A)(ii) of the Social Security Act. (b) Special rule if interim rule not issued after 180 days If the Secretary of Labor has not issued an interim final rule to carry out such section as of the date that is 180 days after the date of the enactment of this Act, the final rule required to be issued under subsection (a) shall provide that, for purposes of such section, the State agency charged with the administration of the State unemployment compensation law shall determine whether an occupation regularly conducts drug testing.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4310ih/xml/BILLS-113hr4310ih.xml
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113-hr-4311
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I 113th CONGRESS 2d Session H. R. 4311 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Faleomavaega introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Wagner-Peyser Act to include American Samoa in the employment services provided under that Act, and for other purposes.
1. Inclusion of American Samoa in the Wagner-Peyser Act The Wagner-Peyser Act is amended— (1) in section 2(5) ( 29 U.S.C. 49a(5) ), by inserting American Samoa, after Guam, ; (2) in section 5(b)(1) ( 29 U.S.C. 49d(b)(1) ), by inserting and American Samoa after Guam ; and (3) in section 6(a) ( 29 U.S.C. 49e(a) )— (A) by striking allot to Guam and inserting “allot to— (1) Guam ; (B) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (2) American Samoa an amount which, in relation to the total amount available for the fiscal year, is equal to the allotment percentage that Guam received of amounts available under this Act in fiscal year 1983 .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4311ih/xml/BILLS-113hr4311ih.xml
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113-hr-4312
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I 113th CONGRESS 2d Session H. R. 4312 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish an advisory committee to issue nonbinding governmentwide guidelines on making public information available on the Internet, to require publicly available Government information held by the executive branch to be made available on the Internet, to express the sense of Congress that publicly available information held by the legislative and judicial branches should be available on the Internet, and for other purposes.
1. Short title This Act may be cited as the Public Online Information 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. Sec. 3. Definitions. Sec. 4. Purposes. Sec. 5. Findings of Congress. Sec. 6. Establishment of Public Online Information Advisory Committee. Sec. 7. Executive branch Internet publication mandate. Sec. 8. Legislative and judicial information. Sec. 9. Government Printing Office. 3. Definitions In this Act: (1) Agency The term agency means an Executive agency or an independent regulatory agency. (2) Executive agency The term Executive agency means any of the following: (A) An Executive department, as defined in section 101 of title 5, United States Code. (B) A military department, as defined in section 102 of such title. (C) A Government corporation, as defined in section 103 of such title. (D) Any other establishment in the executive branch of the Government (including the Executive Office of the President), other than an independent regulatory agency. (3) Independent Regulatory Agency The term independent regulatory agency means an independent establishment, as defined in section 104 of title 5, United States Code. (4) Record The term record has the meaning provided the term records in section 3301 of title 44, United States Code. (5) Public Record The term public record means any record, regardless of form or format, that an agency discloses, publishes, disseminates, or makes available to the public. (6) E-Government Administrator The term E-Government Administrator means the Administrator of the Office of Electronic Government established under section 3602 of title 44, United States Code. 4. Purposes The purposes of this Act include the following: (1) To establish an advisory committee to issue nonbinding guidelines for all three branches of Government regarding making public information available on the Internet, with sufficient flexibility to adapt to changes in technology. (2) To empower the E-Government Administrator to establish binding rules concerning making publicly available Government information held by Executive agencies to be made available on the Internet, and to empower independent regulatory agencies to do the same. (3) To express the sense of Congress that publicly available information held by the legislative and judicial branches should be available on the Internet. (4) To encourage the Government Printing Office to make all of its publications available on the Internet in the formats most useful to the public, after having considered the formats identified by the Public Online Information Advisory Committee. 5. Findings of Congress Congress finds the following: (1) The Federal Government holds a vast repository of public information. Throughout the Nation’s history, the Government has attempted to make that information available to the public, whether through the United States Postal Service, the Federal Depository Library Program, the Presidential Library System, Agency Reading Rooms, under the Freedom of Information Act, or by other means. Providing this information to the general public is a public good: informed citizens are informed voters. However, even with these efforts, Government information is too often hard to find, difficult to understand, expensive to obtain in useful formats, and available in only a few locations. (2) The advent of the Internet presents the opportunity for the Government to make information readily available to many more Americans. The Internet is ubiquitous, turning every computer into a portal to the world’s largest library. The Government has made some efforts to take advantage of this new medium. As the public moves online, the Government must do so as well. (3) In addition to the traditional means of disseminating public information, the Federal Government should make all of its public information available on the Internet. It should do so in ways that take advantage of modern technology, that anticipate the public’s needs, and that provide access to the greatest number of people. The Government should strive to make its information available on the Internet in real-time and in machine processable formats. (4) The creation of this vast new information library will empower citizens to gain a better understanding of how their Government functions and what it does in their name. It will also give innovators new tools to build on this information and provide better goods and services to the American people. Government services will be provided more efficiently, saving the taxpayers money and allowing them to be more involved in the lives of their communities. (5) Accomplishing these goals requires significant coordination. It also requires the creation of new authorities and responsibilities within the Government, and the identification of appropriate technology standards. 6. Establishment of Public Online Information Advisory Committee (a) Establishment There is hereby established an advisory committee to be known as the Public Online Information Advisory Committee (in this Act referred to as the Advisory Committee ). (b) Purposes The purposes of the Advisory Committee are— (1) to coordinate and encourage the Government’s efforts to make Government information from all three branches of Government available on the Internet; and (2) to issue nonbinding guidelines on how the Government should make public information available on the Internet, and update those guidelines as appropriate. (c) Membership (1) In general The Advisory Committee shall be composed of 19 members (including the Chair), as follows: (A) Six members shall be appointed by the E-Government Administrator. (B) Six members shall be appointed by the Director of the Administrative Office of the Courts. (C) Three members shall be appointed by the Chairman, in consultation with the Ranking Member, of the Committee on Homeland Security and Governmental Affairs of the Senate. (D) Three members shall be appointed by the Chair, in consultation with the Ranking Member, of the Committee on Oversight and Government Reform of the House of Representatives. (E) The Chair shall be appointed by the Administrator of General Services, after conferring with the E-Government Administrator, the Director of the Administrative Office of the Courts, the Chairman of the Committee on Homeland Security and Governmental Affairs of the Senate, and the Chair of the Committee on Oversight and Government Reform of the House of Representatives. (2) Vice chair A Vice Chair shall be selected from among the members of the Advisory Committee by the Chair. (3) Limitation on Government employee members Not more than six members of the Advisory Committee may be Government employees. (4) Terms of office Each member of the Advisory Committee shall be appointed for a renewable term of five years, except that one-third of the members initially appointed shall be appointed for a three-year term, one-third of such members shall be appointed for a four-year term, and one-third of such members and the Chair shall be appointed for a five-year term. (5) Initial appointments The initial appointments of members of the Advisory Committee shall be made not later than 90 days after the date of the enactment of this Act. (6) Meetings The Advisory Committee shall meet no fewer than six times per year. (d) Powers of Advisory Committee (1) In general From time to time, the Advisory Committee shall examine its legislative charter, structure, and funding, and shall make recommendations to Congress, the President, and the Courts regarding how it could be restructured to better accomplish its mission of making Government information available to the public on the Internet. The recommendations shall be published in print and on the Internet. (2) Specific powers In order to carry out its purposes, the Advisory Committee is authorized to do the following: (A) Hold hearings. (B) Issue recommendations to Congress. (C) Issue recommendations to agencies. (D) Issue reports, guidelines, and memoranda. (E) Articulate guidelines on how the Government should make public records available on the Internet, update those guidelines as appropriate, and inquire into Government compliance with those guidelines. (F) Hold or host conferences and symposia. (G) Enter into cooperative agreements with outside experts to obtain relevant advice or expertise, and oversee staff. (H) Establish subcommittees. (I) Establish rules of procedure. (3) Relationship to FACA The Advisory Committee shall not be subject to the control of any advisory committee management officer designated under section 8(b)(1) of the Federal Advisory Committee Act. (e) Operations (1) Open Government procedures In addition to the rules in the Federal Advisory Committee Act (5 U.S.C. App.), in the interest of improving transparency, the Advisory Committee shall adhere to the following rules that supplement and modify such Act (in accordance with section 4(a) of such Act): (A) Subcommittees shall have the same duties and obligations as the full committee as delineated under sections 10 through 13 of such Act. Subcommittees shall similarly be bound by the terms of this section. (B) All information made available on the Internet shall be done so by state-of-the-art methods. (C) Information required to be made available on the Internet shall be done so in a timely fashion. (D) Notice of all meetings shall be available on the Advisory Committee’s website, with agendas available on the Internet at least 3 days prior to any meeting. (E) All records available for public copying under section 10 of the Act shall also be made available on the website of the Advisory Committee. (F) The Advisory Committee shall make available on the Internet and to any person, at no cost, transcripts of Advisory Committee proceedings. (G) Videos recordings of proceedings shall be made available on the Internet. (H) Documents submitted to the Advisory Committee shall be made publicly available unless the Advisory Committee determines that those materials would disclose matters described in section 552(b) of title 5, United States Code. (I) The Advisory Committee shall make publicly available the names and brief biographies of its members. (J) All members of the Advisory Committee shall file financial disclosure forms, which shall be made available on the Advisory Committee website after redactions to remove personally identifiable information, such as social security numbers. (K) All members of the Advisory Committee shall have to state and publicly disclose conflicts of interest. These statements must be updated whenever new conflicts arise or on an annual basis, whichever is more frequent. These disclosures shall be placed on the Internet. (2) Support services The General Services Administration shall be responsible for providing all support services to the Advisory Committee, including quarters and staff, and for requesting funds from Congress on behalf of the Advisory Committee. Nothing in this section shall prevent the Advisory Committee from communicating with Congress directly regarding funding or other matters. (3) Duration The Advisory Committee is a continuing body and is not subject to termination as provided in section 14 of the Federal Advisory Committee Act (5 U.S.C. App.). (4) Application of FACA Except as otherwise provided in this section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee. (f) Reports The Advisory Committee shall issue a report on its activities every two years, or as appropriate, whichever is more frequent. (g) Authorization There is authorized to be appropriated to the General Services Administration such sums as may be necessary for the operations of the Advisory Committee. 7. Executive branch Internet publication mandate (a) Online Publication Requirements (1) Free availability (A) Except as provided in subparagraph (B), the Government shall make public records available on the Internet at no charge (including a charge for recovery of costs) to the public. (B) Subparagraph (A) shall not apply in the case of a charge imposed by Federal law before the date of the enactment of this Act. (2) Permanence Public records shall be permanently available on the Internet. (3) Current technology Current information technology capabilities shall be applied to the means by which records are made available on the Internet, and the formats in which they are available. (4) Searchable list Each agency shall publish on the Internet a comprehensive, searchable, machine processable list of all records it makes publicly available. With respect to those records, the list shall include at least the following information: (A) Where the records can be found. (B) Whether the records are available to the public at no cost or for a fee (and the amount of the fee, if applicable). (C) Brief descriptions of the records. (b) Rulemaking Authority (1) In general Nothing in the grant of authority in this subsection shall be construed to limit the Government's obligation to make records publicly available as required by law. (2) Executive Agencies (A) The Director of the Office of Management and Budget shall delegate to the E-Government Administrator the authority to administer all functions under this section, except that any such delegation shall not relieve the Director of responsibility for the administration of such functions. (B) The E-Government Administrator, after consulting with the Office of Information and Regulatory Policy, shall promulgate such regulations as are necessary to ensure that all public records held by Executive agencies are available on the Internet in the formats and by the means the E-Government Administrator designates. In promulgating the regulations, the E-Government Administrator shall consider the guidelines issued by the Public Online Information Advisory Committee. (C) In the regulations promulgated under subparagraph (B), the E-Government Administrator shall include— (i) rules on how Executive agencies shall publish records on the Internet, including the format and timeframe; and (ii) procedures through which Executive agencies may object to placing public records on the Internet, in accordance with the exceptions under paragraph (4), and a method by which the objections can be reviewed. (D) The regulations promulgated under subparagraph (B) shall not preclude Executive agencies from making additional records available on the Internet beyond those required by the regulations, or in additional formats beyond those required by the regulations, or on a more rapid timeframe than required by the regulations. In addition, each Executive agency head shall designate a person within the agency responsible for Internet publication of public records. (E) The Director of the Office of Management and Budget shall ensure that the E-Government Administrator has adequate staff and resources to properly fulfill all the Administrator’s functions under this Act. (3) Independent Regulatory Agencies (A) A Chief Information Officer of an independent regulatory agency (hereafter in this section referred to as a CIO ) or an official designated by the head of an independent regulatory agency shall promulgate such regulations as are necessary to ensure that public records are available on the Internet in the formats and by the means the CIO designates. In promulgating the regulations, the CIO or other official shall consider the guidelines issued by the Public Online Information Advisory Committee, as well as regulations promulgated by the E-Government Administrator under paragraph (1). (B) The regulations promulgated under subparagraph (A) shall not preclude the heads of offices within an independent regulatory agency from making additional records available on the Internet beyond those required by the regulations, or in additional formats beyond those required by the regulations, or on a more rapid timeframe than required by the regulations. (C) The head of the independent regulatory agency shall ensure that the CIO or the official designated by the head of the independent regulatory agency has adequate staff and resources to properly fulfill all of the CIO’s functions under this Act. (4) Exceptions (A) In general The regulations promulgated under this subsection may contain exceptions, in accordance with this paragraph, to the requirement that all public records be made available on the Internet. (B) Scope of exceptions The exceptions may be no broader than the exceptions recognized under section 552 of title 5, United States Code (popularly referred to as the Freedom of Information Act ). (C) Additional exceptions by request In addition to the exceptions provided under subparagraph (B), the regulations shall provide for the E-Government Administrator or, in the case of an independent regulatory agency, the CIO or official designated by the head of the agency, to grant narrow case-by-case exceptions to the Internet publication requirement if an agency requests an exception and the agency demonstrates that— (i) there is a clear and convincing reason for the record to not be made available on the Internet; and (ii) on balance, the harm caused by disclosure significantly outweighs the public’s interest in having the record available on the Internet. (D) Availability of segregable portions If the E-Government Administrator, CIO, or official designated by the head of an independent regulatory agency approves a request for an exception with respect to a public record under subparagraph (C), any reasonably segregable portion of the public record shall be made available on the Internet in a timely fashion after deletion of the portions that are subject to the exception. The amount of information deleted shall be indicated on the portion of the record that is made available on the Internet, unless including that indication would significantly harm the interest protected by the exception. If technically feasible, the amount of the information deleted shall be indicated at the place in the record where such deletion is made. (E) Disclosure of withheld records The E-Government Administrator, CIO, or official designated by the head of an independent regulatory agency shall maintain a list of records not made available on the Internet by reason of an exception under subparagraph (C) and publish such list on the Internet, excluding any records the identification of which would significantly harm the interest protected by the exception. (5) Publication Regulations promulgated under this subsection shall be published in the Federal Register and on the relevant agency website. (6) Applicability Regulations promulgated under this subsection shall apply only to public records generated, updated, or released after the date of the enactment of this Act. (7) Effective date Regulations promulgated under this subsection shall take effect no sooner than 3 years after the date of the enactment of this Act. (c) Reports to Congress At least once every four years, the E-Government Administrator and each independent regulatory agency CIO shall review the exceptions provided under subsection (b)(4) to making public records available on the Internet and, if warranted, make recommendations to the President and to Congress regarding whether Federal law should be changed. The report shall be made publicly available, including being published on the Internet. (d) Inspector general reviews The Inspector General of each agency shall conduct periodic reviews regarding agency compliance with Internet publication requirements, no less often than once every four years. The reviews shall be published on the Internet. (e) Enforcement of Public Access by Private Individuals or Organizations (1) Requests Private individuals or organizations may request that an Executive agency place public records on the Internet, including the comprehensive searchable list of publicly available records referred to in section 7(a)(4), in accordance with Federal regulations. An agency has 30 days to respond to the request in writing or to place the record on the Internet. If an agency denies the request in whole or in part, the private individual or organization may file a complaint in Federal court. (2) Jurisdiction (A) On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction to enjoin the agency from refusing to publish agency records on the Internet, or refusing to publish it in an appropriate format, and to order the Internet online publication of any agency records improperly withheld. In such a case the court shall determine the matter de novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exceptions provided under subsection (b)(4), and the burden is on the agency to sustain its action. (B) Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within 30 days after service upon the defendant of the pleading in which such complaint is made, unless the court otherwise directs for good cause shown. (3) Attorney fees The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this subsection in which the complainant has substantially prevailed. (4) Special Counsel Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees, litigation costs, and interest, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, a Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. A Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends. (5) Contempt In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member. 8. Legislative and judicial information It is the sense of Congress that judicial and legislative agencies (within the meaning of section 3701 of title 31, United States Code) should adopt or adapt the recommendations of the Advisory Committee for their own use. In addition, judicial and legislative agencies are encouraged to consider the guidelines issued by the Public Online Information Advisory Committee and the regulations promulgated by the E-Government Administrator. 9. Government Printing Office It is the sense of Congress that the Government Printing Office should make all of its publications permanently available on the Internet in a multiplicity of formats that best meet the needs of the public. In doing so, the Government Printing Office is strongly encouraged to consider the recommendations of the Public Online Information Advisory Committee and the E-Government Administrator.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4312ih/xml/BILLS-113hr4312ih.xml
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113-hr-4313
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I 113th CONGRESS 2d Session H. R. 4313 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Jolly (for himself, Mr. Bilirakis , and Ms. Castor of Florida ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To ensure fairness in premium rates for coverage for business properties and second homes under the National Flood Insurance Program, and for other purposes.
1. Short title This Act may be cited as the Flood Insurance Premium Parity Act of 2014 . 2. Repeal of certain rate increases (a) Repeal of prohibition on subsidized rates Paragraph (2) of section 1307(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014 ) is amended— (1) in subparagraph (A)— (A) by striking which is not and inserting that is neither ; and (B) by inserting before the semicolon at the end the following: nor the secondary residence of the owner of the property, and the Administrator shall establish standards for a residential property to qualify for purposes of this subparagraph as a secondary residence that shall (A) require the owner of the property to occupy the property for a minimum period of time each year, as the Administrator determines appropriate, and (B) provide that only a single property of any owner may so qualify ; (2) in subparagraph (C), by inserting or after the semicolon at the end; (3) by striking subparagraph (D); and (4) by redesignating subparagraph (E) as subparagraph (D). (b) Conforming amendments relating to limitation on annual rate increases Paragraph (4) of section 1308(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(e)(4)), as amended by section 5 of Public Law 113–89 , is amended by striking (A) through (E) and inserting (A) through (D) . (c) Implementation (1) Effective date The Administrator of the Federal Emergency Management Agency (in this subsection referred to as the Administrator ) shall make available such rate tables, as necessary to implement the amendments made by subsections (a) and (b) as if such subsections were enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 957). (2) Implementation, coordination, and guidance (A) Facilitation of timely refunds To ensure the participation of Write Your Own companies (as such term is defined in section 100202(a) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4004(a)), the Administrator and the Federal Emergency Management Agency shall consult with Write Your Own companies throughout the development of guidance and rate tables necessary to implement the amendments made by subsections (a) and (b). (B) Implementation and guidance The Administrator shall issue final guidance and rate tables necessary to implement the amendments made by subsections (a) and (b) not later than eight months following the date of the enactment of this Act. Write Your Own companies, in coordination with the Federal Emergency Management Agency, shall have not less than six months but not more than eight months following the issuance of such final guidance and rate tables to implement the changes required by such final guidance and rate tables. (C) Refund of excess premium charges collected The Administrator shall refund directly to insureds any premiums for flood insurance coverage under the National Flood Insurance Program collected in excess of the rates required under the amendments made by subsections (a) and (b). To allow for necessary and appropriate implementation of such amendments, any premium changes necessary to implement such amendments, including any such premium refund due to policy holders, which shall be paid directly by the National Flood Insurance Program, shall not be charged or paid to policyholders by the National Flood Insurance Program until after the Administrator issues guidance and makes available such rate tables to implement the amendments made by subsections (a) and (b).
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113-hr-4314
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I 113th CONGRESS 2d Session H. R. 4314 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Ribble (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish a student loan repayment program for totally disabled veterans.
1. Establishment of veteran student loan repayment program (a) Establishment Chapter 36 of title 38, United States Code, is amended by adding at the end the following: 3699. Student loan repayment program for totally disabled veterans (a) In general The Secretary shall establish a student loan repayment program in which the Secretary repays the undergraduate student loans of covered veterans. (b) Monthly payment In carrying out subsection (a), the Secretary, on a monthly basis, shall pay directly to the holder of an undergraduate student loan of a covered veteran an amount that is equal to the monthly amount computed under subsection (c)(1). (c) Amounts (1) The monthly amount paid by the Secretary under subsection (b) for a covered veteran enrolled in the program established under subsection (a) is the amount that equals the monthly amount that the covered veteran owes the holder of the loan. (2) Except as provided by paragraph (3), the total amount that the Secretary may pay for a covered veteran enrolled in the program established under subsection (a) is the amount that the veteran owes to the holder of any undergraduate student loan of the veteran as of the date on which the veteran became totally service-connected disabled. (3) In addition to the total amount paid pursuant to paragraph (2), with respect to a covered veteran enrolled in the program established under subsection (a) who, as of the date on which the veteran applies for such enrollment, owes to the holder of an undergraduate student loan of the veteran an amount that is less than the total amount that the veteran owed as of the date on which the veteran became totally service-connected disabled, the Secretary shall pay to the covered veteran an amount equal to— (A) the difference of— (i) the amount the veteran owed to such holder as of the date of such disability; and (ii) the amount the veteran owes to such holder as of the date of such application; plus (B) any interest to the amount calculated under subparagraph (A), as determined by the Secretary based on the percentage by which there was a social security increase (as defined in section 1104(b) of this title) during each year occurring during the period beginning on the date of such disability and ending on the date of such application. (d) Effect on other programs Enrollment in the program established under subsection (a) shall not affect any other educational assistance that a veteran may be entitled to by reason of the service of the veteran in the Armed Forces. (e) Definitions In this section: (1) The term covered veteran means a veteran who— (A) served in the Armed Forces on or after September 11, 2001; and (B) has a service-connected disability rated as total. (2) The term undergraduate student loan means a loan, whether Federal, State, or private— (A) to assist an individual to attend an institution of higher learning (as such term is defined in section 3452(f) of this title), including a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1077 et seq. , 1087a et seq., 1087aa et seq.) or a private education loan (as defined in section 140 of the Truth in Lending Act); (B) that was made to a covered veteran before the date on which the veteran entered into the Armed Forces; and (C) for which the veteran used to pursue an undergraduate degree at such an institution. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 3699. Student loan repayment program for totally disabled veterans. .
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113-hr-4315
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I 113th CONGRESS 2d Session H. R. 4315 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Hastings of Washington (for himself, Mrs. Lummis , Mr. Amodei , Mr. Bishop of Utah , Mr. Collins of Georgia , Mr. Harris , Mr. Huizenga of Michigan , Mr. Lankford , Mr. Luetkemeyer , Mr. Neugebauer , Mr. Southerland , Mr. Thompson of Pennsylvania , and Mr. Valadao ) 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 publication on the Internet of the basis for determinations that species are endangered species or threatened species, and for other purposes.
1. Short title This Act may be cited as the 21st Century Endangered Species Transparency Act . 2. Requirement to publish on the Internet the basis for listings Section 4(b) of the Endangered Species Act ( 16 U.S.C. 1533(b) ) is amended by adding at the end the following: (9) The Secretary shall make publicly available on the Internet the best scientific and commercial data available that are the basis for each regulation, including each proposed regulation, promulgated under subsection (a)(1). .
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113-hr-4316
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I 113th CONGRESS 2d Session H. R. 4316 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mrs. Lummis (for herself, Mr. Hastings of Washington , Mr. Amodei , Mr. Bishop of Utah , Mr. Collins of Georgia , Mr. Harris , Mr. Huizenga of Michigan , Mr. Lankford , Mr. Luetkemeyer , Mr. Neugebauer , Mr. Southerland , Mr. Thompson of Pennsylvania , and Mr. Valadao ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to improve the disclosure of certain expenditures under that Act, and for other purposes.
1. Short title This Act may be cited as the Endangered Species Recovery Transparency Act . 2. Disclosure of expenditures under Endangered Species Act of 1973 (a) Requirement To disclose Section 13 of the Endangered Species Act of 1973 (87 Stat. 902; relating to conforming amendments which have executed) is amended to read as follows: 13. Disclosure of expenditures (a) Requirement The Secretary of the Interior, in consultation with the Secretary of Commerce, shall— (1) not later than 90 days after the end of each fiscal year, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report detailing Federal Government expenditures for covered suits during the preceding fiscal year (including the information described in subsection (b)); and (2) make publicly available through the Internet a searchable database of the information described in subsection (b). (b) Included information The report shall include— (1) the case name and number of each covered suit, and a hyperlink to the record or decision for each covered suit (if available); (2) a description of the claims in each covered suit; (3) the name of each covered agency whose actions gave rise to a claim in a covered suit; (4) funds expended by each covered agency (disaggregated by agency account) to receive and respond to notices referred to in section 11(g)(2) or to prepare for litigation of, litigate, negotiate a settlement agreement or consent decree in, or provide material, technical, or other assistance in relation to, a covered suit; (5) the number of full-time equivalent employees that participated in the activities described in paragraph (4); and (6) attorneys fees and other expenses (disaggregated by agency account) awarded in covered suits, including any consent decrees or settlement agreements (regardless of whether a decree or settlement agreement is sealed or otherwise subject to nondisclosure provisions), including the bases for such awards. (c) Requirement To provide information The head of each covered agency shall provide to the Secretary in a timely manner all information requested by the Secretary to comply with the requirements of this section. (d) Limitation on disclosure Notwithstanding any other provision of this section, this section shall not affect any restriction in a consent decree or settlement agreement on the disclosure of information that is not described in subsection (b). (e) Definitions (1) Covered agency The term covered agency means any agency of the Department of the Interior, the Forest Service, or the National Marine Fisheries Service. (2) Covered suit The term covered suit means any civil action containing a claim against the Federal Government, in which the claim arises under this Act and is based on the action of a covered agency. . (b) Clerical amendment The table of contents in the first section of such Act is amended by striking the item relating to such section and inserting the following: Sec. 13. Disclosure of expenditures. . (c) Prior amendments not affected This section shall not be construed to affect the amendments made by section 13 of such Act, as in effect before the enactment of this Act.
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113-hr-4317
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I 113th CONGRESS 2d Session H. R. 4317 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Neugebauer (for himself, Mr. Hastings of Washington , Mrs. Lummis , Mr. Amodei , Mr. Bishop of Utah , Mr. Collins of Georgia , Mr. Harris , Mr. Huizenga of Michigan , Mr. Lankford , Mr. Luetkemeyer , Mr. Southerland , Mr. Thompson of Pennsylvania , and Mr. Valadao ) 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 disclosure to States of the basis of determinations under such Act, to ensure use of information provided by State, tribal, and county governments in decisionmaking under such Act, and for other purposes.
1. Short title This Act may be cited as the State, Tribal, and Local Species Transparency and Recovery Act . 2. Requiring decisional transparency with affected States Section 6(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1535(a) ) is amended— (1) by inserting (1) before the first sentence; and (2) by striking Such cooperation shall include and inserting the following: (2) Such cooperation shall include— (A) before making a determination under section 4(a), providing to States affected by such determination all data that is the basis of the determination; and (B) . 3. Ensuring use of State, tribal, and local information (a) In general Section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ) is amended— (1) by redesignating paragraphs (2) through (21) as paragraphs (3) through (22), respectively; and (2) by inserting after paragraph (1) the following: (2) The term best scientific and commercial data available includes all such data submitted by a State, tribal, or county government. . (b) Conforming amendment Section 7(n) of such Act ( 16 U.S.C. 1536(n) ) is amended by striking section 3(13) and inserting section 3(14) .
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113-hr-4318
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I 113th CONGRESS 2d Session H. R. 4318 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Huizenga of Michigan (for himself, Mr. Hastings of Washington , Mrs. Lummis , Mr. Amodei , Mr. Bishop of Utah , Mr. Collins of Georgia , Mr. Harris , Mr. Lankford , Mr. Luetkemeyer , Mr. Neugebauer , Mr. Southerland , Mr. Thompson of Pennsylvania , and Mr. Valadao ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Endangered Species Act of 1973 to conform citizen suits under that Act with other existing law, and for other purposes.
1. Short title This Act may be cited as the Endangered Species Litigation Reasonableness Act . 2. Award of litigation costs to prevailing parties in accordance with existing law Section 11(g)(4) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(g)(4) ) is amended by striking to any and all that follows through the end of the sentence and inserting to any prevailing party in accordance with section 2412 of title 28, United States Code. .
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113-hr-4319
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I 113th CONGRESS 2d Session H. R. 4319 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Crawford (for himself, Mr. Cotton , Mr. Griffin of Arkansas , and Mr. Womack ) 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 the Secretary of the Interior to publish and make available for public comment a draft economic analysis at the time a proposed rule to designate critical habitat is published.
1. Short title This Act may be cited as the Common Sense in Species Protection Act of 2014 . 2. Draft economic analysis for critical habitat designation Section 4(b)(2) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(2) ) is amended— (1) in the first sentence, by striking (2) The Secretary shall and inserting the following: (2) Critical habitat designation (A) In general The Secretary shall ; (2) in the second sentence, by striking The Secretary may and inserting the following: (B) Exclusions The Secretary shall ; and (3) by adding at the end the following: (C) Draft economic analysis (i) Requirement At the time a proposed rule to designate critical habitat is published, the Secretary shall publish and make available for public comment a draft analysis that— (I) examines the incremental and cumulative economic effects of all actions to protect the species and its habitat (including the effects of the proposed designation) upon each State and locality that is the subject of, or affected by, the proposed designation; (II) includes consideration of public and private economic effects on— (aa) possible uses of land and property values; (bb) the provision of water, power, or other public services; (cc) employment; and (dd) revenues available for State and local governments, including a political subdivision of a State that directly or indirectly provides public services, school districts, and any other instrumentality of a State; (III) complies with the guidelines issued pursuant to section 515 of the Treasury and General Government Appropriations Act of 2001 (114 Stat. 2763A–153); and (IV) assesses such effects on a quantitative and qualitative basis. (ii) Determination factors not affected Nothing in clause (i) shall be construed as adding to, subtracting from, or otherwise modifying the factors set forth in subsection (a)(1) or the bases set forth in paragraph (1) of this subsection .
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113-hr-4320
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I 113th CONGRESS 2d Session H. R. 4320 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Kline (for himself, Mr. McKeon , Mr. Wilson of South Carolina , Mr. Price of Georgia , Mr. Marchant , Mr. Hunter , Mr. Roe of Tennessee , Mr. Thompson of Pennsylvania , Mr. Walberg , Mr. Salmon , Mr. DesJarlais , Mr. Rokita , Mr. Bucshon , Mr. Gowdy , Mrs. Brooks of Indiana , Mr. Hudson , Mr. Messer , Mr. Gingrey of Georgia , Mr. Kelly of Pennsylvania , Mr. Ribble , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act with respect to the timing of elections and pre-election hearings and the identification of pre-election issues.
1. Short title This Act may be cited as the Workforce Democracy and Fairness Act . 2. Pre-election hearings Section 9(c)(1)(B) of the National Labor Relations Act ( 29 U.S.C. 159(c)(1)(B) ) is amended— (1) by inserting , but in no circumstances less than 14 calendar days after the filing of the petition after upon due notice ; (2) by inserting after with respect thereto. the following: An appropriate hearing shall be one that is non-adversarial with the hearing officer charged, in collaboration with the parties, with the responsibility of identifying any relevant and material pre-election issues and thereafter making a full record thereon. Relevant and material pre-election issues shall include, in addition to unit appropriateness, the Board’s jurisdiction and any other issue the resolution of which may make an election unnecessary or which may reasonably be expected to impact the outcome of the election. Parties may independently raise any relevant and material pre-election issue or assert any relevant and material position at any time prior to the close of the hearing. ; and (3) by striking and shall certify the results thereof and inserting to be conducted as soon as practicable but no earlier than 35 calendar days after the filing of an election petition. The Board shall certify the results of the election after it has ruled on each pre-election issue not resolved before the election and any additional issue pertaining to the conduct or results of the election .
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113-hr-4321
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I 113th CONGRESS 2d Session H. R. 4321 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Roe of Tennessee (for himself, Mr. Kline , Mr. McKeon , Mr. Wilson of South Carolina , Mr. Price of Georgia , Mr. Marchant , Mr. Hunter , Mr. Thompson of Pennsylvania , Mr. Walberg , Mr. Salmon , Mr. DesJarlais , Mr. Rokita , Mr. Bucshon , Mr. Gowdy , Mrs. Brooks of Indiana , Mr. Hudson , Mr. Messer , Mr. Gingrey of Georgia , Mr. Kelly of Pennsylvania , Mr. Ribble , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act to require that lists of employees eligible to vote in organizing elections be provided to the National Labor Relations Board.
1. Short title This Act may be cited as the Employee Privacy Protection Act . 2. Lists of employees eligible to vote in elections Section 9(c)(1)(B) of the National Labor Relations Act ( 29 U.S.C. 159(c)(1)(B) ) is amended by adding at the end the following: Not earlier than 7 days after a final determination by the Board of the appropriate bargaining unit, the Board shall acquire from the employer a list of all employees eligible to vote in the election to be made available to all parties, which shall include the names of the employees, and one additional form of personal contact information of the employee (such as telephone number, email address, or mailing address) chosen by the employee in writing. .
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113-hr-4322
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I 113th CONGRESS 2d Session H. R. 4322 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. McKinley (for himself and Mr. Rush ) 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 payment to affected producers and their employees of duties that are collected pursuant to countervailing and antidumping duty orders, and for other purposes.
1. Short title This Act may be cited as the American Manufacturing and Worker Protection Act of 2014 . 2. Distribution of countervailing and antidumping duties (a) In general Title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. ) is amended by inserting after section 753 the following: 754. Distribution of certain duties to affected domestic producers and employees (a) Definitions In this section: (1) Affected domestic producer (A) In general Subject to subparagraph (B), the term affected domestic producer means any manufacturer or producer that— (i) was a petitioner or interested party in support of the petition with respect to which an antidumping duty order, a finding under the Antidumping Act of 1921, or a countervailing duty order has been entered; and (ii) remains in operation. (B) Exception Any company, business, or person that has ceased the production of the product covered by the order or finding described in subparagraph (A) or who has been acquired by a company or business that is related to a company that opposed the investigation pursuant to which the order or finding under subparagraph (A) was issued shall not be an affected domestic producer. (2) Commissioner The term Commissioner means the Commissioner responsible for U.S. Customs and Border Protection. (3) Commission The term Commission means the United States International Trade Commission. (4) Eligible employee (A) In general An individual is an eligible employee of an affected domestic producer if the individual— (i) has been totally or partially separated from employment with that affected domestic producer because of dumping or a subsidy pursuant to which the antidumping order or finding, or the countervailing duty order, described in paragraph (1)(A)(i) was entered; or (ii) is an employee of the affected domestic producer at the time a distribution is made under subsection (b) and was such an employee continuously from a date that preceded the date on which the antidumping order or finding, or the countervailing duty order, described in paragraph (1)(A)(i) was entered. (B) Exclusion An executive officer of an affected domestic producer is not an eligible employee of that producer. (C) Executive officer defined The term executive officer means, with respect to an affected domestic producer, the chairman of the board of directors, chief executive officer, chief financial officer, president, or vice chairman, any executive vice president, and any senior vice president in charge of a principal business unit, division, or function. (5) Partially separated The term partially separated means, with respect to an employee who has not been totally separated, that the employee has had— (A) the employee’s hours of work reduced to 80 percent or less of the employee’s average weekly hours because of dumping or a subsidy pursuant to which an antidumping order or finding, or a countervailing duty order, described in paragraph (1)(A)(i), was entered; and (B) the employee’s wages reduced to 80 percent or less of the employee’s average weekly wage because of dumping or a subsidy pursuant to which such antidumping order or finding, or countervailing duty order, was entered. (6) Qualifying expenditure The term qualifying expenditure means an expenditure incurred by an affected domestic producer after the issuance of the antidumping duty finding or order, or countervailing duty order, described in paragraph (1)(A)(i) in any of the following categories: (A) Manufacturing facilities. (B) Equipment. (C) Research and development. (D) Personnel training. (E) Acquisition of technology. (F) Health care benefits to employees paid for by the employer. (G) Pension benefits to employees paid for by the employer. (H) Environmental equipment, training, or technology. (I) Acquisition of raw materials and other inputs. (J) Working capital or other funds needed to maintain production. (7) Related to (A) In general A company, business, or person shall be considered to be related to another company, business, or person if— (i) the company, business, or person directly or indirectly controls or is controlled by the other company, business, or person; (ii) a third party directly or indirectly controls both companies, businesses, or persons; or (iii) both companies, businesses, or persons directly or indirectly control a third party and there is reason to believe that the relationship causes the first company, business, or persons to act differently than a nonrelated party. (B) Control For purposes of subparagraph (A), a party shall be considered to directly or indirectly control another party if the party is legally or operationally in a position to exercise restraint or direction over the other party. (8) Totally separated The term totally separated means the layoff or severance of an individual from employment with an affected domestic producer because of dumping or a subsidy pursuant to which an antidumping order or finding, or the countervailing duty order, described in paragraph (1)(A)(i) was entered. (b) In general Duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on a semiannual basis under this section to the affected domestic producers for qualifying expenditures and cash to eligible employees. Such distribution shall be known as the antidumping and subsidy protection amount . Of each such distribution, not more than 10 percent may be used for administrative expenses. Of the remainder, 40 percent shall be distributed to eligible employees of each affected domestic producer to which a distribution is made as provided in this section, and 50 percent shall be distributed for qualifying expenditures of such affected domestic producer. (c) Distribution procedures The Commissioner shall prescribe procedures for distribution of the antidumping and subsidy protection amount required by this section. Such procedures shall require each affected producer to whom a distribution is to be made under this section to distribute the portion required for eligible employees in equal amounts to all such employees. Each distribution under this section shall be made not later than 60 days after the last day of each 6-month period of a fiscal year from duties assessed during that 6-month period. (d) Parties eligible for distribution of antidumping and countervailing duties assessed (1) List of affected domestic producers The Commission shall forward to the Commissioner, within 45 days after the effective date of the American Manufacturing and Worker Protection Act of 2014 in the case of orders or findings in effect on that date or, in any other case, within 45 days after the date on which an antidumping or countervailing duty order or finding is issued, a list of petitioners and persons with respect to each order and finding and a list of persons that indicate support of the petition by letter or through questionnaire response. In those cases in which a determination of injury was not required or the Commission’s records do not permit an identification of those in support of a petition, the Commission shall consult with the administering authority to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by the administering authority under section 751. (2) Publication of list; certification The Commissioner shall publish in the Federal Register, at least 30 days before the distribution of an antidumping and subsidy protection amount is made, a notice of intention to distribute the antidumping and subsidy protection amount and the list of affected domestic producers potentially eligible for the distribution based on the list obtained from the Commission under paragraph (1). The Commissioner shall request a certification from each potentially eligible affected domestic producer— (A) that the producer desires to receive a distribution; (B) that the producer is eligible to receive the distribution as an affected domestic producer; (C) the qualifying expenditures incurred by the producer since the issuance of the order or finding for which distribution under this section has not previously been made; and (D) the eligible employees to whom the distribution is to be made. (3) Distribution of funds The Commissioner shall distribute all funds (including all interest earned on the funds) from assessed duties received in a fiscal year to affected domestic producers based on the certifications described in paragraph (2). The distributions shall be made on a pro rata basis based on new and remaining qualifying expenditures and the number of eligible employees to whom distributions are to be made. (e) Special accounts (1) Establishments Within 14 days after the effective date of the American Manufacturing and Worker Protection Act of 2014 , with respect to antidumping duty orders and findings and countervailing duty orders in effect on that effective date, and within 14 days after the effective date of an antidumping duty order or finding or countervailing duty order issued after the effective date of that Act, the Commissioner shall establish in the Treasury of the United States a special account with respect to each such order or finding. (2) Deposits into accounts The Commissioner shall deposit into the special accounts all antidumping or countervailing duties (including interest earned on such duties) that are assessed on or after the effective date of the American Manufacturing and Worker Protection Act of 2014 under the antidumping duty order or finding or the countervailing duty order with respect to which the account was established. (3) Time and manner of distributions Consistent with the requirements of subsections (c) and (d), the Commissioner shall by regulation prescribe the time and manner in which distribution of the funds in a special account shall be made. (4) Termination (A) Termination If— (i) the order or finding with respect to which a special account was established has terminated, (ii) all entries relating to the order or finding have been liquidated and duties assessed collected, and (iii) the Commissioner has provided notice and a final opportunity to obtain a distribution pursuant to subsection (c), then the special account shall terminate upon the expiration of the 90-day period beginning on the date of the notice described in clause (iii) (B) Unclaimed amounts Amounts not claimed within the 90-day period described in subparagraph (A) shall be deposited into the general fund of the Treasury. (f) Reports to Congress The Commissioner shall submit to Congress, not later than December 31 of each year, a report on the implementation of this section for antidumping and countervailing duty assessments made during the preceding fiscal year, and any recommendations the Commissioner may have with respect to such implementation. The report shall also include any findings of the Commission with respect to any waste, fraud, or abuse in the program established by this section. . (b) Conforming amendment The table of contents for title VII of the Tariff Act of 1930 is amended by inserting after the item relating to section 753 the following new item: Sec. 754. Distribution of certain duties to affected domestic producers and employees. . (c) Effective date The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to all antidumping and countervailing duty assessments made on or after that date. 3. Application to Canada and Mexico Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3438 ), the amendments made by this Act shall apply with respect to goods from Canada and Mexico.
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113-hr-4323
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II 113th CONGRESS 2d Session H. R. 4323 IN THE SENATE OF THE UNITED STATES April 8, 2014 Received AN ACT To reauthorize programs authorized under the Debbie Smith Act of 2004, and for other purposes.
1. Short title This Act may be cited as the Debbie Smith Reauthorization Act of 2014 . 2. General reauthorization Section 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135 ) is amended— (1) in subsection (c)(3)— (A) in subparagraph (B), by striking 2010 through 2018 and inserting 2014 through 2019 ; and (B) in subparagraph (C), by striking 2018 and inserting 2019 ; and (2) in subsection (j), by striking 2009 through 2014 and inserting 2015 through 2019 . 3. Training and education Section 303(b) of the DNA Sexual Assault Justice Act of 2004 ( 42 U.S.C. 14136(b) ) is amended by striking 2009 through 2014 and inserting 2015 through 2019 . 4. Sexual assault forensic exam grants Section 304(c) of the DNA Sexual Assault Justice Act of 2004 ( 42 U.S.C. 14136a(c) ) is amended by striking 2009 through 2014 and inserting 2015 through 2019 .
Passed the House of Representatives April 7, 2014. Karen L. Haas, Clerk
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113-hr-4324
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I 113th CONGRESS 2d Session H. R. 4324 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Cartwright (for himself, Mr. Nugent , Ms. Lofgren , Mr. Cole , Mrs. Lummis , and Mr. Enyart ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 require adequate information regarding the tax treatment of payments under settlement agreements entered into by Federal agencies, and for other purposes.
1. Short title This Act may be cited as the Truth in Settlements Act of 2014 . 2. Information regarding settlement agreements entered into by Federal agencies (a) Requirements for settlement agreements (1) In general Chapter 3 of title 5, United States Code, is amended by adding at the end the following: 307. Information regarding settlement agreements (a) Definitions In this section— (1) the term covered settlement agreement means a settlement agreement (including a consent decree) that— (A) is entered into by an Executive agency; (B) relates to an alleged violation of Federal civil or criminal law; and (C) requires the payment of a total of not less than $1,000,000 by one or more non-Federal persons; (2) the term entity within the Federal Government includes an officer or employee of the Federal Government acting in an official capacity; and (3) the term non-Federal person means a person that is not an entity within the Federal Government. (b) Information To be posted online (1) Requirement (A) In general Subject to subparagraph (B), the head of each Executive agency shall make publicly available in a searchable format in a prominent location on the Web site of the Executive agency— (i) a list of each covered settlement agreement entered into by the Executive agency, which shall include, for each covered settlement agreement— (I) the date on which the parties entered into the covered settlement agreement; (II) the names of the parties that settled claims under the covered settlement agreement; (III) a description of the claims each party settled under the covered settlement agreement; (IV) the amount each party settling a claim under the covered settlement agreement is obligated to pay under the settlement agreement; (V) the total amount the settling parties are obligated to pay under the settlement agreement; and (VI) for each settling party, the amount the settling party is obligated to pay that has been designated as a civil penalty or fine, or otherwise specified as not tax deductible under the covered settlement agreement; and (ii) a copy of each covered settlement agreement entered into by the Executive agency. (B) Confidentiality provisions The requirement to disclose information or a copy of a covered settlement agreement under subparagraph (A) shall apply to the extent that the information or copy (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof). (2) Period The head of each Executive agency shall ensure that— (A) information regarding a covered settlement agreement is publicly available on the list described in paragraph (1)(A)(i) until at least the date that is 5 years after the date of the covered settlement agreement; and (B) a copy of a covered settlement agreement made available under paragraph (1)(A)(ii) is publicly available until— (i) at least the date that is 1 year after the date of the covered settlement agreement; or (ii) for a covered settlement agreement under which a non-Federal person is required to pay not less than $50,000,000, at least the date that is 5 years after the date of the covered settlement agreement. (c) Public statement If the head of an Executive agency determines that a confidentiality provision in a covered settlement agreement, or the sealing of a covered settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency shall issue a public statement stating why such action is required to protect the public interest of the United States, which shall explain— (1) what interests confidentiality protects; and (2) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources. (d) Requirements for written public statements Any written public statement issued by an Executive agency that refers to an amount to be paid by a non-Federal person under a covered settlement agreement shall— (1) specify which portion, if any, of the amount to be paid under the covered settlement agreement by a non-Federal person— (A) is a civil or criminal penalty or fine to be paid for a violation of Federal law; or (B) is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986; and (2) describe in detail any actions the non-Federal person shall take under the covered settlement agreement— (A) in lieu of payment to the Federal Government or a State or local government; or (B) in addition to such a payment. (e) Reporting (1) In general Not later than January 15 of each year, the head of an Executive agency that entered into a covered settlement agreement during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating— (A) how many covered settlement agreements the Executive agency entered into during that fiscal year; (B) how many covered settlement agreements the Executive agency entered into during that fiscal year had any terms or conditions that are required to be kept confidential; and (C) how many covered settlement agreements the Executive agency entered into during that fiscal year for which all terms and conditions are required to be kept confidential. (2) Availability of reports The head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publically available in a searchable format in a prominent location on the Web site of the Executive agency. . (2) Technical and conforming amendment The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: 307. Information regarding settlement agreements. . (b) Securities reporting (1) In general Each issuer of securities that is required to file annual or other periodic reports with the Commission under section 13 or 15(d) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m , 78o(d)) shall describe in such a report any claim filed for a deduction under the Internal Revenue Code of 1986 during the reporting period that relates to a payment required under a covered settlement agreement. (2) Definitions As used in this subsection— (A) the term Commission means the Securities and Exchange Commission; (B) the term covered settlement agreement has the meaning given that term in section 307 of title 5, United States Code, as added by subsection (a); and (C) the term issuer has the same meaning as in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ). (c) Review of confidentiality of settlement agreements Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding how Executive agencies (as defined under section 105 of title 5, United States Code) determine whether the terms of a settlement agreement or the existence of a settlement agreement will be treated as confidential, which shall include recommendations, if any, for legislative or administrative action to increase the transparency of Government settlements while continuing to protect the legitimate interests that confidentiality provisions serve.
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113-hr-4325
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I 113th CONGRESS 2d Session H. R. 4325 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Ms. Esty (for herself, Mr. Bishop of New York , Mrs. Bustos , Ms. DeGette , Mr. Ruiz , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the marketing of electronic cigarettes to children, and for other purposes.
1. Short title This Act may be cited as the Protecting Children from Electronic Cigarette Advertising Act of 2014 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) According to the Food and Drug Administration, because electronic cigarettes have not been fully studied, consumers currently do not know— (A) the potential risks of electronic cigarettes when used as intended; (B) how much nicotine or other potentially harmful chemicals are being inhaled during use; or (C) if there are any benefits associated with using these products. (2) Most electronic cigarettes contain widely varying levels of nicotine, which is a highly addictive drug that impacts the cardiovascular system and can be lethal when delivered in high doses. (3) According to the Surgeon General, adolescents are particularly vulnerable to the adverse effects of nicotine and adolescent exposure to nicotine may have lasting adverse consequences for brain development. (4) Use of electronic cigarettes has risen in youth according to a study by the Centers for Disease Control and Prevention that was released in September 2013, which found that in one year, from 2011 to 2012, the percentage of middle and high school students who had ever used electronic cigarettes more than doubled. (5) Electronic cigarette use may lead children to become addicted to nicotine and could be a gateway to various tobacco products. (6) Marketing of electronic cigarettes to youth is occurring in the form of advertising using cartoons and sponsorships of events popular with youth such as concerts and sporting events. (b) Sense of Congress It is the sense of Congress that the Federal Trade Commission should prohibit the advertising, promoting, and marketing in commerce of electronic cigarettes to children as an unfair or deceptive act or practice, in order to protect the health of the youth of the United States. 3. Prohibition on marketing of electronic cigarettes to children (a) Definitions In this section: (1) Child The term child means an individual who is under the age of 18 years. (2) Commerce The term commerce has the meaning given such term in section 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ). (3) Electronic cigarette The term electronic cigarette means a battery-operated product designed to deliver nicotine, flavor, or other chemicals and that turns chemicals, such as nicotine, into an aerosol that is inhaled by the user. (b) Prohibition No person may advertise, promote, or market in commerce an electronic cigarette in a manner that the person knows or should know will have the effect of increasing the use of an electronic cigarette by a child. (c) Enforcement by Federal Trade Commission (1) Unfair or deceptive act or practice A violation of subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of Commission (A) In general The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Rulemaking The Federal Trade Commission may promulgate standards and rules to carry out this section in accordance with section 553 of title 5, United States Code. (d) Enforcement by States (1) In general In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (b) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (A) to enjoin further violation of such subsection by such person; (B) to compel compliance with such subsection; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties (A) Calculation For purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person who violates subsection (b), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with subsection (b) by an amount not greater than $16,000. (B) Adjustment for inflation Beginning on the date on which the Bureau of Labor Statistics first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the amounts specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Federal Trade Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by Federal Trade Commission If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (b), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (7) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (e) Construction Nothing in this section shall be construed to limit or diminish the authority of the Food and Drug Administration to regulate the marketing of electronic cigarettes, including the marketing of electronic cigarettes to children. (f) Relation to State law This section shall not be construed as superseding, altering, or affecting any provision of law of a State, except to the extent that such provision of law is inconsistent with the provisions of this section, and then only to the extent of the inconsistency.
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113-hr-4326
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I 113th CONGRESS 2d Session H. R. 4326 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Sean Patrick Maloney of New York 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 refundable credit against income tax to assist individuals with high residential energy costs.
1. Short title This Act may be cited as the Home Energy Affordability Tax Relief Act of 2014 or the HEATR Act of 2014 . 2. Refundable credit for residential energy costs (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: 6433. Refundable credit for residential energy costs (a) General rule In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of— (1) 33 percent of the amount of the taxpayer’s residential energy costs for such taxable year, or (2) $500. (b) Income limitation (1) In general The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as— (A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $50,000 (twice such amount in the case of a joint return), bears to (B) $10,000. (2) Determination of adjusted gross income For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. (c) Definitions and special rules For purposes of this section— (1) Residential energy costs The term residential energy costs means the amount paid or incurred by the taxpayer during the taxable year— (A) to any utility for electricity or natural gas used in the principal residence of the taxpayer during the heating season, and (B) for any qualified fuel for use in the principal residence of the taxpayer but only if such fuel is the primary fuel for heating such residence. (2) Principal residence (A) In general The term principal residence has the meaning given to such term by section 121; except that no ownership requirement shall be imposed. (B) Special rules Such term shall not include— (i) any residence located outside the United States, and (ii) any residence not used as the taxpayer’s principal place of abode throughout the heating season. (3) Heating season The term heating season means October, November, December, January, February, and March. (4) Qualified fuel The term qualified fuel includes propane, heating oil, kerosene, wood, and wood pellets. (d) Other special rules (1) Individuals paying on level payment basis Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. A similar rule shall apply to electricity and any qualified fuel. (2) Homeowners associations, etc The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant-stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the residential energy cost so incurred. (3) Dollar amount in case of joint occupancy In the case of a dwelling unit which is the principal residence by 2 or more individuals, the dollar limitation under subsection (a)(2) shall be allocated among such individuals under regulations prescribed by the Secretary. (4) Treatment as refundable credit For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). (e) Application of section This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section and before April 1, 2016. . (b) Conforming amendments (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking or 6428 or and inserting , 6428, 6433, or . (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6433. Refundable credit for residential energy costs. . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
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113-hr-4327
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I 113th CONGRESS 2d Session H. R. 4327 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Sean Patrick Maloney of New York (for himself and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the Federal Energy Regulatory Commission from issuing certain decisions that will raise costs for ratepayers, and for other purposes.
1. Prohibition against certain FERC decisions that will raise costs for ratepayers (a) Cost-Benefit analysis Prior to issuing a decision described in subsection (b), the Federal Energy Regulatory Commission shall publish a cost-benefit analysis of such decision, including the likely financial impact of such decision on ratepayers. (b) Decisions This section applies to any decision by the Federal Energy Regulatory Commission that will— (1) authorize the creation of a new capacity zone; or (2) affect the supply and demand curves or models used to determine prices at points in a capacity zone. (c) Prohibition If the Federal Energy Regulatory Commission determines, through a cost-benefit analysis published under subsection (a), that a decision described in subsection (b) will raise costs for ratepayers, then the Commission may not issue such decision.
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113-hr-4328
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I 113th CONGRESS 2d Session H. R. 4328 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Cole (for himself, Ms. McCollum , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a program to award contracts to certain tribal organizations, Indian corporations, public school districts, and States, and for other purposes.
1. Short title This Act may be cited as the Johnson-O’Malley Supplemental Indian Education Program Modernization Act . 2. Johnson-O’Malley Supplemental Indian Education Program Modernization Act The Act of April 16, 1934 (commonly known as the Johnson-O'Malley Act ; 25 U.S.C. 452 et seq. ), is amended by adding at the end the following new section: 7. Johnson-O’Malley Supplemental Indian Education Program Modernization Act (a) Establishment Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Assistant Secretary of Indian Affairs and in conjunction with the Director of the Bureau of Indian Education, shall establish a program to enter into contracts with eligible entities that have or serve Indian students to provide educational benefits to such Indian students. (b) Uses of funds An eligible entity that enters into a contract under subsection (a) shall use the funds available under the contract to provide educational benefits to Indian students, by— (1) carrying out programs or expanding programs in existence before the contract period that provide— (A) remedial instruction, counseling, and cultural programs; (B) selected courses related to the academic and professional disciplines of science, technology, engineering, and mathematics; (C) important needs, such as school supplies and items that enable recipients to participate in curricular and extra-curricular programs; and (D) program activities that were available to Indian students under contracts entered into under this Act before October 1, 2012; (2) the establishment of targeted and culturally sensitive dropout prevention activities; and (3) the purchase of equipment to facilitate training for professional trade skills and intensified college preparation programs. (c) Funding The Secretary shall transfer to the Bureau of Indian Education the funds necessary to carry out this section. (d) Computation of awards (1) Determination of total students Except as provided under paragraph (2), for the purpose of computing the amount that an eligible entity may receive under a contract entered into under subsection (a) for any fiscal year, the Secretary shall— (A) determine the number of Indian students who were in average daily attendance in the schools of the public school districts served by the eligible entity, and for whom such school districts provided free public education during the preceding school year; and (B) provide a minimum of $125 per Indian student described in subparagraph (A). (2) Hold harmless In the case of an eligible entity that has or serves eligible Indian children attending a public school that has been afforded supplemental services under a contract entered into under this Act on or before October 1, 1995, such eligible entity shall receive an amount under a contract entered into under subsection (a) that is at least equal to the amount that such eligible entity would have received under the contract entered into under this Act on or before October 1, 1995. (e) Data use (1) In general For purposes of the calculation under subsection (d)(1), the Secretary shall use data for a public school district from not later than the fiscal year preceding the fiscal year for which the eligible entity involved is applying for a contract under subsection (a). (2) Tribal Organization In the case of a tribal organization that has been established by the Bureau of Indian Affairs on or after October 1, 2012, such tribal organization, shall, for the first year of operation of such organization, be based on data for the public school districts served by the organization for the fiscal year for which the organization is applying for a contract under subsection (a). (f) Geographic coverage and enhanced participation In entering into contracts under subsection (a), the Secretary shall, to the extent practicable, ensure full geographic coverage and the full participation of all federally recognized tribes and school districts that have not entered into a contract under this Act before fiscal year 2015. (g) Complementary program participants In entering into contracts under subsection (a), the Secretary may give preference a consortium of tribal organizations, to encourage as many students and professionals as possible to benefit from the program established under this section, including such a consortium that includes a Tribal college or university. (h) Annual report The Secretary shall include in the Department of the Interior fiscal year annual budget request to Congress an annual assessment of the program established under this section. (i) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary. (j) Definitions (1) Eligible entity The term eligible entity means a— (A) tribal organization; (B) Indian Corporation; (C) public school district; (D) State; or (E) a consortium of tribal organizations. (2) ESEA terms The terms elementary school , secondary school , and State have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Indian student The term Indian student means a student who— (A) attends a public school district; and (B) is between age 3 and grade 12, and— (i) resides on or near an Indian reservation; (ii) is an enrolled member, or at least one-fourth or more degree of Indian blood descendant, of a member of a federally recognized Indian tribal government eligible for service by the Bureau of Indian Affairs; or (iii) is an Alaska Native. (4) Public school district The term public school district means a school district that— (A) serves public elementary schools or public secondary schools; and (B) has established or will establish local committees under section 5 of this Act or is using a committee or Indian advisory school board described in such section 5 to approve supplementary or operational support programs beneficial to Indian students, including the programs described in paragraphs (1) through (3) of subsection (b). (5) Secretary The term Secretary means the Secretary of the Interior. (6) Tribal college or university The term Tribal college or university has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)). (7) Tribal organization The term Tribal organization means any tribe, band, or community of Indians which is subject to the laws of the United States relating to Indian affairs or any corporation, association, or group which is organized under any of such laws including Indian Education Consortiums and Tribal Colleges and Universities. .
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113-hr-4329
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I 113th CONGRESS 2d Session H. R. 4329 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Pearce (for himself and Mr. Cole ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Native American Housing Assistance and Self-Determination Reauthorization 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. References. Title I—BLOCK GRANTS AND GRANT REQUIREMENTS Sec. 101. Block grants. Sec. 102. Indian housing plans. Sec. 103. Environmental review. Sec. 104. Failure to act on request for approval regarding exceeding TDC maximum cost for project. Title II—AFFORDABLE HOUSING ACTIVITIES Sec. 201. National objectives and eligible families. Sec. 202. Eligible affordable housing activities. Sec. 203. Program requirements. Sec. 204. Low-income requirement and income targeting. Sec. 205. Lease requirements and tenant selection. Sec. 206. Tribal coordination of agency funding. Title III—ALLOCATION OF GRANT AMOUNTS Sec. 301. Authorization of appropriations. Title IV—AUDITS AND REPORTS Sec. 401. Review and audit by Secretary. Sec. 402. Reports to Congress. Title V—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS Sec. 501. HUD–Veterans Affairs supportive housing program for Native American veterans. Sec. 502. 50-year leasehold interest in trust or restricted lands for housing purposes. Sec. 503. Training and technical assistance. Sec. 504. Loan guarantees for Indian housing. Title VI—MISCELLANEOUS Sec. 601. Lands Title Report Commission. Sec. 602. Limitation on use of funds for Cherokee Nation. Sec. 603. Leasehold interest in trust or restricted lands for housing purposes. Sec. 604. Clerical amendment. Title VII—DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING Sec. 701. Demonstration program. 2. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ). I BLOCK GRANTS AND GRANT REQUIREMENTS 101. Block grants Section 101 ( 25 U.S.C. 4111 ) is amended— (1) in subsection (c), by adding after the period at the end the following: If the Secretary fails to act on a waiver request submitted under this subsection by a recipient within 60 days after receipt of such request, the waiver request shall be deemed approved. ; (2) in subsection (j), by striking section 501 of title 40, and inserting title 40 of the ; and (3) in subsection (k), by striking 1 and inserting an . 102. Indian housing plans Section 102(a) ( 25 U.S.C. 4112(a) ) is amended by inserting after and below paragraph (2) the following: The Secretary may grant a waiver of the submission requirements under paragraph (1) upon meeting certain factors that shall be set out by regulation, and provided further that a request for such waiver shall be deemed approved if the Secretary does not act on such request within 60 days of receipt. . 103. Environmental review Section 105 ( 25 U.S.C. 4115 ) is amended— (1) in subsection (d)— (A) in the matter preceding paragraph (1), by striking may and inserting shall ; and (B) by adding after and below paragraph (4) the following: If the Secretary fails to act on a waiver request submitted under this subsection by a recipient within 60 days after receipt of such request, the waiver shall be deemed approved. ; and (2) by adding at the end the following new subsection: (e) Consolidation of environmental review requirements If a recipient is using one or more sources of Federal funds in addition to grant amounts under this Act in carrying out a project that qualifies as an affordable housing activity under section 202 and the recipient’s tribe has assumed all of the responsibilities for environmental review, decisionmaking, and action pursuant to this section, the recipient’s compliance with the National Environmental Policy Act of 1969 review requirements under this section with regard to such project shall be deemed to fully comply with and discharge any applicable environmental review requirements that might apply to the use of such additional Federal funding sources for that project. . 104. Failure to act on request for approval regarding exceeding TDC maximum cost for project (a) Approval Section 103 ( 25 U.S.C. 4113 ) is amended by adding at the end the following new subsection: (f) Approval of request To exceed TDC maximum A request for approval by the Secretary of Housing and Urban Development to exceed by more than 10 percent the total development cost maximum cost for a project shall be deemed to be approved if the Secretary fails to take action on the request during the 60-day period that begins on the date that the Secretary receives the request. . (b) Definition Section 4 ( 25 U.S.C. 4103 ) is amended— (1) by redesignating paragraph (22) as paragraph (23); and (2) by inserting after paragraph (21) the following new paragraph: (22) Total development cost The term total development cost means, with respect to a housing project, the sum of all costs for the project, including all undertakings necessary for administration, planning, site acquisition, demolition, construction or equipment and financing (including payment of carrying charges), and for otherwise carrying out the development of the project, excluding off-site water and sewer. The total development cost amounts shall be based on a moderately designed house and determined by averaging the current construction costs as listed in not less than two nationally recognized residential construction cost indices. . II AFFORDABLE HOUSING ACTIVITIES 201. National objectives and eligible families Paragraph (6) of section 201(b) ( 25 U.S.C. 4131(b)(6) ; relating to exemption) is amended— (1) by striking 1964 and and inserting 1964, ; and (2) by inserting after 1968 the following: , and section 3 of the Housing and Urban Development Act of 1968 . 202. Eligible affordable housing activities Section 202(9)(A) ( 25 U.S.C. 4132(9)(A) ) is amended— (1) by striking only ; (2) by striking administration and planning related to ; and (3) by inserting including administration and planning, after section, . 203. Program requirements Section 203 ( 25 U.S.C. 4133 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3) ; and (B) by adding at the end the following new paragraph: (3) Application of tribal policies Paragraph (2) shall not apply if the recipient has a written policy governing rents and homebuyer payments charged for dwelling units and such policy includes a provision governing maximum rents or homebuyer payments. ; (2) in subsection (c), by striking or assisted with and inserting by a recipient ; and (3) in subsection (e), by striking assisted with and inserting units that are owned or operated by a recipient using . 204. Low-income requirement and income targeting Section 205 ( 25 U.S.C. 4135 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and ; and (B) in paragraph (2)— (i) by striking satisfactory to the Secretary and inserting in such forms as the Secretary shall, by regulation, require ; and (ii) by striking Secretary) and inserting recipient) ; and (2) in subsection (c), by adding after the period at the end the following: The provisions of such paragraph regarding binding commitments for the remaining useful life of the property shall not apply to improvements of privately owned homes if the cost of such improvements do not exceed 10 percent of the maximum total development cost for such home. . 205. Lease requirements and tenant selection Section 207 ( 25 U.S.C. 4137 ) is amended by adding at the end the following new subsection: (c) Notice of termination Notwithstanding any other provision of law, the owner or manager of rental housing that is assisted in part with amounts provided under this Act and in part with one or more other sources of Federal funds shall only utilize leases that require a notice period for the termination of the lease pursuant to subsection (a)(3). . 206. Tribal coordination of agency funding Subtitle A of title II ( 25 U.S.C. 4131 et seq. ) is amended by adding at the end the following new section: 211. Tribal coordination of agency funding Notwithstanding any other provision of law, a recipient authorized to receive funding under this Act may, in its discretion, use funding from the Indian Health Service of the Department of Health and Human Services for construction of sanitation facilities for housing construction and renovation projects that are funded in part by funds provided under this Act. . III ALLOCATION OF GRANT AMOUNTS 301. Authorization of appropriations The first sentence of section 108 ( 25 U.S.C. 4117 ) is amended by striking such sums as may be necessary for each of fiscal years 2009 through 2013 and inserting $650,000,000 for each of fiscal years 2014 through 2018 . IV AUDITS AND REPORTS 401. Review and audit by Secretary Section 405(c) ( 25 U.S.C. 4165(c) ) is amended, by adding at the end the following new paragraph: (3) Failure to issue final report The Secretary shall issue a final report within 60 days after receiving comments under paragraph (1) from a recipient. . 402. Reports to Congress Section 407 ( 25 U.S.C. 4167 ) is amended— (1) in subsection (a), by striking Congress and inserting Committee on Financial Services and the Committee on Natural Resources of the House of Representatives, to the Committee on Indian Affairs and the Committee on Banking, Housing, and Urban Affairs of the Senate, and to any subcommittees of such committees having jurisdiction with respect to Native American and Alaska Native affairs, ; and (2) by adding at the end the following new subsection: (c) Public availability to recipients Each report submitted pursuant to subsection (a) shall be made publicly available to recipients. . V OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 501. HUD–Veterans Affairs supportive housing program for Native American veterans Paragraph (19) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) is amended by adding at the end the following new subparagraph: (D) Native American veterans (i) Authority Of the funds made available for rental assistance under this subsection for fiscal year 2015 and each fiscal year thereafter, the Secretary shall set aside 0.1 percent for a supported housing and rental assistance program modeled on the HUD–Veterans Affairs Supportive Housing (HUD–VASH) program, to be administered in conjunction with the Department of Veterans Affairs, for the benefit of homeless Native American veterans and veterans at risk of homelessness. (ii) Recipients Such rental assistance shall be made available to recipients eligible to receive block grants under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ). (iii) Funding criteria Funds shall be awarded based on need, administrative capacity, and any other funding criteria established by the Secretary in a notice published in the Federal Register, after consultation with the Secretary of Veterans Affairs, by a date sufficient to provide for implementation of the program under this subparagraph in accordance with clause (i). (iv) Program requirements Such funds shall be administered by block grant recipients in accordance with program requirements under Native American Housing Assistance and Self-Determination Act of 1996 in lieu of program requirements under this Act. (v) Waiver The Secretary may waive, or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this subparagraph, but only upon a finding by the Secretary that such waiver or alternative requirement is necessary to promote administrative efficiency, eliminate delay, consolidate or eliminate duplicative or ineffective requirements or criteria, or otherwise provide for the effective delivery and administration of such supportive housing assistance to Native American veterans. (vi) Consultation The Secretary and the Secretary of Veterans Affairs shall jointly consult with block grant recipients and any other appropriate tribal organizations to— (I) ensure that block grant recipients administering funds made available under the program under this subparagraph are able to effectively coordinate with providers of supportive services provided in connection with such program; and (II) ensure the effective delivery of supportive services to Native American veterans that are homeless or at risk of homelessness eligible to receive assistance under this subparagraph. Consultation pursuant to this clause shall be completed by a date sufficient to provide for implementation of the program under this subparagraph in accordance with clause (i). (vii) Rulemaking The first negotiated rulemaking committee established pursuant to subchapter III of chapter 5 of title 5, United States Code, for rulemaking relating to the Native American Housing Assistance and Self-Determination Act of 1996, or any amendments to such Act, but that is not established to consider matters relating to the allocation formula under section 302 of such Act (25 U.S.C. 4152), shall review the requirements and criteria for the supported housing and rental assistance program under this subparagraph and may report to the Secretary a proposed rule revising such requirements and criteria. . 502. 50-year leasehold interest in trust or restricted lands for housing purposes Section 702(c)(1) ( 25 U.S.C. 4211(c)(1) ) is amended by inserting , whether enacted before, on, or after the date of the enactment of this section after law, . 503. Training and technical assistance Section 703 ( 25 U.S.C. 4212 ) is amended— (1) by striking There are authorized to be appropriated and inserting Of any amounts appropriated pursuant to section 108, the Secretary may use such sums as may be necessary for ; and (2) by striking such sums as may be necessary for each of fiscal years 2009 through 2013 . 504. Loan guarantees for Indian housing Section 184(I)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(I)(5)) is amended— (1) in subparagraph (B), by inserting after the period at the end of the first sentence the following: There are authorized to be appropriated for such costs $12,200,000 for each of fiscal years 2014 through 2018. ; and (2) in subparagraph (5)— (A) by striking 2008 through 2012 and inserting 2014 through 2018 ; and (B) by striking such amount as may be provided in appropriation Acts for and inserting $976,000,000 for each . VI MISCELLANEOUS 601. Lands Title Report Commission Section 501 of the American Homeownership and Economic Opportunity Act of 2000 (25 U.S.C. 4043 note) is amended— (1) in subsection (a), by striking Subject to sums being provided in advance in appropriations Acts, there and inserting There ; and (2) in subsection (b)(1) by striking this Act and inserting the Native American Housing Assistance and Self-Determination Reauthorization Act of 2014 . 602. Limitation on use of funds for Cherokee Nation Section 801 of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 ( Public Law 110–411 ) is amended by striking Temporary Order and Temporary Injunction issued on May 14, 2007, by the District Court of the Cherokee Nation and inserting Order issued September 21, 2011, by the Federal District Court for the District of Columbia . 603. Leasehold interest in trust or restricted lands for housing purposes Section 702 ( 25 U.S.C. 4211 ) is amended by striking 50 years each place such term appears and inserting 99 years . 604. Clerical amendment The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 note) is amended by striking the item relating to section 206 (treatment of funds). VII DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING 701. Demonstration program The Native American Housing and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) is amended by adding at the end the following new title: IX Demonstration program for alternative privatization authority for Native American housing 901. Authority (a) In general In addition to any other authority provided in this Act for the construction, development, maintenance, and operation of housing for Indian families, the Secretary shall provide the participating tribes having final plans approved pursuant to section 905 with the authority to exercise the activities provided under this title and such plan for the acquisition and development of housing to meet the needs of tribal members. (b) Inapplicability of NAHASDA provisions Except as specifically provided otherwise in this title, titles I through IV, VI, and VII shall not apply to a participating tribe during any period that the tribe is participating in the demonstration program under this title. (c) Continued applicability of certain NAHASDA provisions The following provisions of titles I through VIII shall apply to the demonstration program under this title and amounts made available under the demonstration program under this title: (1) Subsections (d) and (e) of section 101 (relating to tax exemption). (2) Section 101(j) (relating to Federal supply sources). (3) Section 101(k) (relating to tribal preference in employment and contracting). (4) Section 104 (relating to treatment of program income and labor standards). (5) Section 105 (relating to environmental review). (6) Section 201(b) (relating to eligible families), except as otherwise provided in this title. (7) Section 203(g) (relating to a de minimis exemption for procurement of goods and services). (8) Section 702 (relating to 99-year leasehold interests in trust or restricted lands for housing purposes). 902. Participating tribes (a) Request To participate To be eligible to participate in the demonstration program under this title, an Indian tribe shall submit to the Secretary a notice of intention to participate during the 60-day period beginning on the date of the enactment of this title, in such form and such manner as the Secretary shall provide. (b) Cooperative agreement Upon approval under section 905 of the final plan of an Indian tribe for participation in the demonstration program under this title, the Secretary shall enter into a cooperative agreement with the participating tribe that provides such tribe with the authority to carry out activities under the demonstration program. 903. Request for quotes and selection of investor partner (a) Request for quotes Not later than the expiration of the 180-day period beginning upon notification to the Secretary by an Indian tribe of intention to participate in the demonstration program under this title, the Indian tribe shall— (1) obtain assistance from a qualified entity in assessing the housing needs, including the affordable housing needs, of the tribe; and (2) release a request for quotations from entities interested in partnering with the tribe in designing and carrying out housing activities sufficient to meet the tribe’s housing needs as identified pursuant to paragraph (1). (b) Selection of investor partner (1) In general Except as provided in paragraph (2), not later than the expiration of the 18-month period beginning on the date of the enactment of this title, an Indian tribe requesting to participate in the demonstration program under this title shall— (A) select an investor partner from among the entities that have responded to the tribe’s request for quotations; and (B) together with such investor partner, establish and submit to the Secretary a final plan that meets the requirements under section 904. (2) Exceptions The Secretary may extend the period under paragraph (1) for any tribe that— (A) has not received any satisfactory quotation in response to its request released pursuant to subsection (a)(2); or (B) has any other satisfactory reason, as determined by the Secretary, for failure to select an investor partner. 904. Final plan A final plan under this section shall— (1) be developed by the participating tribe and the investor partner for the tribe selected pursuant to section 903(b)(1)(A); (2) identify the qualified entity that assisted the tribe in assessing the housing needs of the tribe; (3) set forth a detailed description of such projected housing needs, including affordable housing needs, of the tribe, which shall include— (A) a description of such need over the ensuing 24 months and thereafter until the expiration of the ensuing 5-year period or until the affordable housing need is met, whichever occurs sooner; and (B) the same information that would be required under section 102 to be included in an Indian housing plan for the tribe, as such requirements may be modified by the Secretary to take consideration of the requirements of the demonstration program under this title; (4) provide for specific housing activities sufficient to meet the tribe’s housing needs, including affordable housing needs, as identified pursuant to paragraph (3) within the periods referred to such paragraph, which shall include— (A) development of affordable housing (as such term is defined in section 4 of this Act (25 U.S.C. 4103)); (B) development of conventional homes for rental, lease-to-own, or sale, which may be combined with affordable housing developed pursuant to subparagraph (A); (C) development of housing infrastructure, including housing infrastructure sufficient to serve affordable housing developed under the plan; and (D) investments by the investor partner for the tribe, the participating tribe, members of the participating tribe, and financial institutions and other outside investors necessary to provide financing for the development of housing under the plan and for mortgages for tribal members purchasing such housing; (5) provide that the participating tribe will agree to provide long-term leases to tribal members sufficient for lease-to-own arrangements for, and sale of, the housing developed pursuant to paragraph (4); (6) provide that the participating tribe— (A) will be liable for delinquencies under mortgage agreements for housing developed under the plan that are financed under the plan and entered into by tribal members; and (B) shall, upon foreclosure under such mortgages, take possession of such housing and have the responsibility for making such housing available to other tribal members; (7) provide for sufficient protections, in the determination of the Secretary, to ensure that the tribe and the Federal Government are not liable for the acts of the investor partner or of any contractors; (8) provide that the participating tribe shall have sole final approval of design and location of housing developed under the plan; (9) set forth specific deadlines and schedules for activities to be undertaken under the plan and set forth the responsibilities of the participating tribe and the investor partner; (10) set forth specific terms and conditions of return on investment by the investor partner and other investors under the plan, and provide that the participating tribe shall pledge grant amounts allocated for the tribe pursuant to title III for such return on investment; (11) set forth the terms of a cooperative agreement on the operation and management of the current assistance housing stock and current housing stock for the tribe assisted under the preceding titles of this Act; (12) set forth any plans for sale of affordable housing of the participating tribe under section 907 and, if included, plans sufficient to meet the requirements of section 907 regarding meeting future affordable housing needs of the tribe; (13) set forth terms for enforcement of the plan, including an agreement regarding jurisdiction of any actions under or to enforce the plan, including a waiver of immunity; and (14) include such other information as the participating tribe and investor partner consider appropriate. 905. HUD review and approval of plan (a) In general Not later than the expiration of the 90-day period beginning upon a submission by an Indian tribe of a final plan under section 904 to the Secretary, the Secretary shall— (1) review the plan and the process by which the tribe solicited requests for quotations from investors and selected the investor partner; and (2) (A) approve the plan, unless the Secretary determines that— (i) the assessment of the tribe’s housing needs by the qualified entity, or as set forth in the plan pursuant to section 904(3), is inaccurate or insufficient; (ii) the process established by the tribe to solicit requests for quotations and select an investor partner was insufficient or negligent; or (iii) the plan is insufficient to meet the housing needs of the tribe, as identified in the plan pursuant to section 904(3); (B) approve the plan, on the condition that the participating tribe and the investor make such revisions to the plan as the Secretary may specify as appropriate to meet the needs of the tribe for affordable housing; or (C) disapprove the plan, only if the Secretary determines that the plan fails to meet the minimal housing standards and requirements set forth in this Act and the Secretary notifies the tribe of the elements requiring the disapproval. (b) Action upon disapproval (1) Re-submission of plan Subject to paragraph (2), in the case of any disapproval of a final plan of an Indian tribe pursuant to subsection (a)(3), the Secretary shall allow the tribe a period of 180 days from notification to the tribe of such disapproval to re-submit a revised plan for approval. (2) Limitation If the final plan for an Indian tribe is disapproved twice and resubmitted twice pursuant to the authority under paragraph (1) and, upon such second re-submission of the plan the Secretary disapproves the plan, the tribe may not re-submit the plan again and shall be ineligible to participate in the demonstration program under this title. (c) Tribe authority of housing design and location The Secretary may not disapprove a final plan under section 904, or condition approval of such a plan, based on the design or location of any housing to be developed or assisted under the plan. (d) Failure To notify If the Secretary does not notify a participating tribe submitting a final plan of approval, conditional approval, or disapproval of the plan before the expiration of the period referred to in paragraph (1), the plan shall be considered as approved for all purposes of this title. 906. Treatment of NAHASDA allocation Amounts otherwise allocated for a participating tribe under title III of this Act (25 U.S.C. 4151 et seq.) shall not be made available to the tribe under titles I through XIII, but shall only be available for the tribe, upon request by the tribe and approval by the Secretary, for the following purposes: (1) Return on investment Such amounts as are pledged by a participating tribe pursuant to section 904(10) for return on the investment made by the investor partner or other investors may be used by the Secretary to ensure such full return on investment. (2) Administrative expenses The Secretary may provide to a participating tribe, upon the request of a tribe, not more than 10 percent of any annual allocation made under title III for the tribe during such period for administrative costs of the tribe in completing the processes to carry out sections 903 and 904. (3) Housing infrastructure costs A participating tribe may use such amounts for housing infrastructure costs associated with providing affordable housing for the tribe under the final plan. 907. Resale of affordable housing Notwithstanding any other provision of this Act, a participating tribe may, in accordance with the provisions of the final plan of the tribe approved pursuant to section 905, resell any affordable housing developed with assistance made available under this Act for use other than as affordable housing, but only if the tribe provides such assurances as the Secretary determines are appropriate to ensure that— (1) the tribe is meeting its need for affordable housing; and (2) will provide affordable housing in the future sufficient to meet future affordable housing needs. 908. Reports, audits, and compliance (a) Annual reports by tribe Each participating tribe shall submit a report to the Secretary annually regarding the progress of the tribe in complying with, and meeting the deadlines and schedules set forth under the approved final plan for the tribe. Such reports shall contain such information as the Secretary shall require. (b) Reports to Congress The Secretary shall submit a report to the Congress annually describing the activities and progress of the demonstration program under this title, which shall— (1) summarize the information in the reports submitted by participating tribes pursuant to subsection (a); (2) identify the number of tribes that have selected an investor partner pursuant to a request for quotations; (3) include, for each tribe applying for participating in the demonstration program whose final plan was disapproved under section 905(a)(2)(C), a detailed description and explanation of the reasons for disapproval and all actions taken by the tribe to eliminate the reasons for disapproval, and identify whether the tribe has re-submitted a final plan; (4) identify, by participating tribe, any amounts requested and approved for use under section 906; and (5) identify any participating tribes that have terminated participation in the demonstration program and the circumstances of such terminations. (c) Audits The Secretary shall provide for random audits among participating tribes to ensure that the final plans for such tribes are being implemented and complied with. Such audits shall include on-site visits with participating tribes and requests for documentation appropriate to ensure such compliance. 909. Termination of tribal participation (a) Termination of participation A participating tribe may terminate participation in the demonstration program under this title at any time, subject to this section. (b) Effect on existing obligations (1) No automatic termination Termination by a participating tribe in the demonstration program under this section shall not terminate any obligations of the tribe under agreements entered into under the demonstration program with the investor partner for the tribe or any other investors or contractors. (2) Authority to mutually terminate agreements Nothing in this title may be construed to prevent a tribe that terminates participation in the demonstration program under this section and any party with which the tribe has entered into an agreement from mutually agreeing to terminate such agreement. (c) Receipt of remaining grant amounts The Secretary shall provide for grants to be made in accordance with, and subject to the requirements of, this Act for any amounts remaining after use pursuant to section 906 from the allocation under title III for a participating tribe that terminates participation in the demonstration program. (d) Costs and obligations The Secretary shall not be liable for any obligations or costs incurred by an Indian tribe during its participation in the demonstration program under this title. 910. Final report Not later than the expiration of the 5-year period beginning on the date of the enactment of this title, the Secretary shall submit a final report to the Congress regarding the effectiveness of the demonstration program, which shall include— (1) an assessment of the success, under the demonstration program, of participating tribes in meeting their housing needs, including affordable housing needs, on tribal land; (2) recommendations for any improvements in the demonstration program; and (3) a determination of whether the demonstration should be expanded into a permanent program available for Indian tribes to opt into at any time and, if so, recommendations for such expansion, including any legislative actions necessary to expand the program. 911. Definitions For purposes of this title, the following definitions shall apply: (1) Affordable housing The term affordable housing has the meaning given such term in section 4 ( 25 U.S.C. 4103 ). (2) Housing infrastructure The term housing infrastructure means basic facilities, services, systems, and installations necessary or appropriate for the functioning of a housing community, including facilities, services, systems, and installations for water, sewage, power, communications, and transportation. (3) Long-term lease The term long-term lease means an agreement between a participating tribe and a tribal member that authorizes the tribal member to occupy a specific plot of tribal lands for 50 or more years and to request renewal of the agreement at least once. (4) Participating tribes The term participating tribe means an Indian tribe for which a final plan under section 904 for participation in the demonstration program under this title has been approved by the Secretary under section 905. 912. Regulations and guidelines The Secretary shall issue such regulations as may be necessary to carry out the demonstration program under this title. .
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113-hr-4330
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I 113th CONGRESS 2d Session H. R. 4330 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Rodney Davis of Illinois (for himself, Mr. Vargas , Mr. Hudson , Mr. Vela , Mr. Neugebauer , and Mr. Gallego ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Commodity Exchange Act to ensure that the treatment of illiquid swaps does not disadvantage certain non-financial end users who use them to manage business risk.
1. Short title This Act may be cited as the Business Risk Planning Act . 2. Treatment of illiquid swaps so as to not disadvantage certain non-financial end users Section 2(a)(13) of the Commodity Exchange Act ( 7 U.S.C. 2(a)(13) ) is amended— (1) in subparagraph (C), by striking The Commission and inserting Except as provided in subparagraph (D), the Commission ; and (2) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively, and inserting after subparagraph (C) the following: (D) Requirements for swap transactions in illiquid markets Notwithstanding subparagraph (C): (i) The Commission shall provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a non-financial entity that is hedging or mitigating commercial risk in accordance with subsection (h)(7)(A). (ii) The Commission shall ensure that the swap transaction information referred to in clause (i) of this subparagraph is available to the public no sooner than 30 days after the swap transaction has been executed or at such later date as the Commission determines appropriate to protect the identity of participants and positions in illiquid markets and to prevent the elimination or reduction of market liquidity. (iii) In this subparagraph, the term illiquid markets means any market in which there is relatively little volume and infrequent trading in swaps. .
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113-hr-4331
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I 113th CONGRESS 2d Session H. R. 4331 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Barrow of Georgia introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require a 50 percent reduction in the number of limousines in the Federal fleet.
1. Reduction in limousines in Federal fleet (a) Requirement Notwithstanding any other provision of law and except as provided in subsection (b), for fiscal year 2015 and each fiscal year thereafter, the number of limousines in the Federal fleet shall not exceed 50 percent of the number of limousines in the Federal fleet as of the last day of fiscal year 2014. (b) Exception for national security Subsection (a) shall not apply with respect to any limousine determined by the President to be essential for reasons of national security.
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113-hr-4332
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I 113th CONGRESS 2d Session H. R. 4332 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Gardner (for himself, Mr. Cramer , Mr. Tipton , Mr. Long , and Mr. Coffman ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To direct the Secretary of the Treasury to increase the dollar limitation on the de minimis safe harbor from treatment as a capital expenditure for taxpayers without applicable financial statements.
1. Increase in dollar limitation on de minimis safe harbor from treatment as capital expenditures for taxpayers without applicable financial statements (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s designee) shall modify Treasury Regulation section 1.263(a)–1(f)(1)(ii)(D) to increase the $500 limitation contained therein with respect to the de minimis safe harbor for taxpayers without applicable financial statements to $1,000. (b) Effective date The revised regulations under this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013.
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113-hr-4333
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I 113th CONGRESS 2d Session H. R. 4333 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Ms. Jenkins (for herself, Mr. Kind , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to improve 529 plans.
1. Computer technology and equipment allowed as a qualified higher education expense for section 529 accounts (a) Made permanent Clause (iii) of section 529(e)(3)(A) of the Internal Revenue Code of 1986 is amended by striking in 2009 or 2010 . (b) Only for use primarily by the beneficiary Clause (iii) of section 529(e)(3)(A) of such Code is amended by striking used by the beneficiary and the beneficiary’s family and inserting used primarily by the beneficiary . (c) Effective date The amendments made by this section shall apply to expenses paid or incurred after December 31, 2010. 2. Investment direction under qualified tuition programs (a) In general Paragraph (4) of section 529(b) of the Internal Revenue Code of 1986 is amended by striking the period at the end and inserting more frequently than 4 times per calendar year. . (b) Clerical amendment The heading for paragraph (4) of section 529(b) of such Code is amended by striking No investment direction and inserting Limited investment direction . (c) Effective date The amendments made by this section shall apply to years beginning after December 31, 2013. 3. Elimination of distribution aggregation requirements (a) In general Clause (ii) of section 529(c)(3)(D) of the Internal Revenue Code of 1986 is amended by inserting before the comma at the end the following: , except for purposes of calculating the earnings portion of any distribution. . (b) Effective date The amendment made by this section shall apply to distributions after December 31, 2013. 4. Contribution of amounts previously distributed in case of withdrawal from school (a) In general Paragraph (3) of section 529(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Special rule for contributions relating to withdrawal from school In the case of a beneficiary who receives a refund of any qualified higher education expenses from an eligible educational institution in connection with withdrawal from enrollment at such institution, subparagraph (A) shall not apply to that portion of any distribution for the taxable year which is recontributed to a qualified tuition program of which such individual is a beneficiary, but only to the extent such recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount. . (b) Effective date The amendment made by this section shall apply with respect to distributions after December 31, 2013. 5. Special rollover to Roth IRA from long-term qualified tuition program (a) In general Paragraph (3) of section 529(c) of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new subparagraph: (F) Special rollover to Roth IRA from long-term qualified tuition program For purposes of this section— (i) In general In the case of a distribution from a qualified tuition program which has been maintained by an account owner for the 10-year period ending on the date of such distribution— (I) subparagraph (A) shall not apply to any portion of such distribution which, not later than 60 days after such distribution, is paid into a Roth IRA maintained for the benefit of such account owner or the designated beneficiary under such qualified tuition program, and (II) such portion shall be treated as a rollover contribution for purposes of section 408A(e). (ii) Limitation Clause (i) shall only apply to so much of any distribution as does not exceed the lesser of— (I) $25,000, or (II) the aggregate amount contributed to the program (and earnings attributable thereto) before the 5-year period ending on the date of the distribution. . (b) Qualified rollover contribution Paragraph (1) of section 408A(e) of such Code is amended by striking the period at the end of subparagraph (B) and inserting , and and by inserting after subparagraph (B) the following new subparagraph: (C) from a covered qualified tuition program (as defined in section 529(c)(3)(F)(ii)). . (c) Effective date The amendments made by this section shall apply with respect to distributions after December 31, 2013.
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113-hr-4334
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I 113th CONGRESS 2d Session H. R. 4334 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Ms. Michelle Lujan Grisham of New Mexico (for herself and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To allow homeowners facing foreclosure to avoid deficiency judgments, and for other purposes.
1. Short title This Act may be cited as the Foreclosure Fairness Act of 2014 . 2. Deficiency judgments (a) In general Beginning on the date of enactment of this Act, in the case of any federally related mortgage loan made after that date, a court may not enter deficiency judgment pertaining to that loan after the date of any foreclosure sale of the mortgaged property. (b) Rule of construction Nothing in this Act shall be construed to preempt any more restrictive State or local law pertaining to deficiency judgments. 3. Definitions In this Act: (1) Deficiency judgment The term deficiency judgment means any order by a court entered after a sale of a property subject to a federally related mortgage that has been foreclosed on, requiring the payment by the mortgagor of an amount equal to any balance remaining on the mortgage loan after the foreclosure sale. (2) Federally related mortgage loan The term federally related mortgage loan has the meaning given such term under section 3 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2602 ). (3) Mortgaged property The term mortgaged property means, with respect to a federally related mortgage loan, the residential real property that is subject to the lien securing such mortgage loan.
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113-hr-4335
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I 113th CONGRESS 2d Session H. R. 4335 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Maffei introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to clarify that the estate of a deceased veteran may receive certain accrued benefits upon the death of the veteran, to ensure that substituted claims are processed timely, and for other purposes.
1. Short title This Act may be cited as the Veteran Families Fairness Act . 2. Clarification of eligible recipients of certain accrued benefits upon death of beneficiary (a) Treatment of estate (1) Eligible recipient Section 5121(a)(2) of title 38, United States Code, is amended— (A) in the matter preceding subparagraph (A), by inserting , or estate, after person ; and (B) by adding at the end the following new subparagraph: (D) The estate of the veteran (unless the estate will escheat). . (2) Substitution in case of death of claimant Section 5121A(a)(1) of such title is amended— (A) by inserting , or estate, after a living person ; and (B) by adding at the end the following new sentence: The Secretary shall process a claim of such a substituted claimant by recognizing the original filing date of the claim and without penalty to the priority of the claim. . (3) Outreach (A) The Secretary of Veterans Affairs shall identify deceased veterans whom the Secretary determines meet the following criteria: (i) The veteran died before— (I) the date of the enactment of this Act; and (II) being able to receive periodic monetary benefits under laws administered by the Secretary to which the veteran was entitled or had filed a claim to receive. (ii) Such benefits were not paid to an individual described in section 5121 of title 38, United States Code, or such claim was not substituted under section 5121A of such title. (iii) If the amendments made by paragraphs (1) and (2) were in effect on the date of the death of the individual, such benefits could have been paid to the estate of the veteran under section 5121 of title 38, United States Code, or such claim could have been substituted by the estate under section 5121A of such title. (B) The Secretary shall notify the estate of each veteran identified under subparagraph (A) of the ability of the estate to apply for payments under section 5121 of title 38, United States Code, as amended by paragraph (1) or apply to act as a substituted claimant under section 5121A of such title, as amended by paragraph (2). In determining such applications, the Secretary shall substitute the date on which the estate was notified of the eligibility of the estate to apply under this section for— (i) the date of death in subsection (c) of such section 5121; and (ii) the date of the death of such claimant in subsection (a) of such section 5121A. (4) Application In accordance with paragraph (3), the amendments made by subsection (a) and (b) shall apply with respect to the death of an individual regardless of the date of such death. (b) Reimbursements The Secretary of Veterans Affairs shall— (1) reimburse a claimant who is awarded a claim for compensation under title 38, United States Code, including an individual or estate under section 5121 and section 5121A of such title, as amended by this section, for costs that— (A) relate to the medical treatment of the claimant; (B) were charged to the claimant during the period beginning on the date on which the claim was filed and ending on the date of such award; and (C) would have been paid by the Secretary, or such treatment would have been provided by the Secretary, if such treatment occurred after the date of such award; and (2) recommend to each claimant, upon the filing of the claim, to retain receipts and other documentation relating to costs described in paragraph (1).
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113-hr-4336
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I 113th CONGRESS 2d Session H. R. 4336 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Michaud (for himself and Mr. Ribble ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, with respect to the highway safety improvement program, and for other purposes.
1. Short title This Act may be cited as the Local Road Safety Act of 2014 . 2. Highway safety improvement program (a) State strategic highway safety plan Section 148(a)(12) of title 23, United States Code, is amended— (1) in subparagraph (A)— (A) in clause (ix) by striking and at the end; (B) by redesignating clause (x) as clause (xi); and (C) by inserting after clause (ix) the following: (x) private sector experts in the field of roadway safety infrastructure; and ; and (2) in subparagraph (E) by inserting , including the results of any strategic highway safety plan developed by a county or local government entity or regional transportation planning organization after processes . (b) Special Rules Section 148(g) of title 23, United States Code, is amended by adding at the end the following: (3) County and local transportation agencies Each fiscal year, a State shall provide to county and local transportation agencies, from amounts apportioned to that State under section 104(b)(3) in that fiscal year, amounts that the State determines are necessary to assist such agencies to address significant safety needs, and high fatality segments, of non-State-owned public roads and roads on tribal land identified in a State strategic highway safety plan. .
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113-hr-4337
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I 113th CONGRESS 2d Session H. R. 4337 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on House Administration A BILL To direct the Joint Committee on the Library to accept a statue depicting Pierre L’Enfant from the District of Columbia and to provide for the permanent display of the statue in the United States Capitol.
1. Findings Congress finds the following: (1) Pierre L’Enfant was born in France in 1754, and traveled to the United States to serve with the United States in the Revolutionary War. (2) Pierre L’Enfant was an engineer and architect, and in 1791 he developed the unique and exceptional design for the Nation’s capital that laid the framework for the modern-day District of Columbia that is followed and maintained until today. (3) L’Enfant’s remarkable design envisioned a distinguishable federal and residential city with diagonal streets propelling from Congress and the President’s home, beautiful boulevards on local streets and neighborhoods, and open spaces for monuments, memorials, and historical structures, all of which largely remain intact, protected as a historical treasure. (4) The United States Capitol does not currently appropriately recognize the contributions of Pierre L’Enfant. 2. Acceptance of statue of Pierre L’Enfant for placement in United States Capitol (a) Acceptance Not later than 2 years after the date of the enactment of this Act, the Joint Committee on the Library shall accept from the District of Columbia the donation of a statue depicting Pierre L’Enfant, subject to the terms and conditions that the Joint Committee considers appropriate. (b) Placement The Joint Committee shall place the statue accepted under subsection (a) in a suitable permanent location in the United States Capitol.
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113-hr-4338
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I 113th CONGRESS 2d Session H. R. 4338 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Rangel (for himself and Ms. Norton ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 49, United States Code, to require gas pipeline facilities to accelerate the repair, rehabilitation, and replacement of high-risk pipelines used in commerce, and for other purposes.
1. Short title This Act may be cited as the Pipeline Modernization and Consumer Protection Act . 2. Replacement programs for high-risk natural gas pipelines (a) Findings Congress finds that— (1) Federal requirements related to repairing pipeline leaks are limited to hazardous leaks, which are leaks that represent an existing or probable hazard to persons or property and require immediate repair; (2) there are no Federal requirements to address slower or less hazardous leaks, which can allow the leaks to persist unrepaired indefinitely; (3) in States without a standard definition and methodology for calculating unaccounted-for gas (the difference between the amount of gas purchased by a utility and the amount used or sold to customers), data inconsistencies may be pervasive and these inconsistencies hinder the ability of regulators to monitor gas system and utility performance; (4) the cost of leaked or otherwise unaccounted-for natural gas in the distribution system is typically passed on to ratepayers without limitation as an accepted cost of service, which removes financial incentive for utilities to minimize the leaks; (5) methane, the primary constituent of natural gas, is a greenhouse gas at least 20 times more potent than carbon dioxide; (6) according to the Pipeline and Hazardous Materials Safety Administration, the United States natural gas distribution system still includes 61,000 miles of bare steel pipe without adequate corrosion protection and 32,000 miles of cast iron pipe, which was installed beginning in the 1830s and can be prone to failure; (7) major recent pipeline explosions that led to human fatalities, including those in Austin, Texas, Philadelphia, Pennsylvania, and Allentown, Pennsylvania, have been traced to aging, leaking, and high-risk pipeline infrastructure; (8) natural gas distribution utilities may be discouraged from making capital expenditures for the replacement of leaking and failure-prone pipelines because traditional ratemaking structures may not allow for cost recovery on a timely basis; and (9) according to the Pipeline and Hazardous Materials Safety Administration, the natural gas pipeline replacement programs established as part of the ratemaking process in 27 States and the District of Columbia have played a vital role in enhancing public safety by better ensuring the prompt rehabilitation, repair, or replacement of high-risk natural gas distribution infrastructure. (b) Natural gas distribution companies (1) In general Chapter 601 of title 49, United States Code, is amended by inserting after section 60112 the following: 60112A. Replacement programs for high-risk natural gas pipelines (a) Definition of gas pipeline facility In this section, the term gas pipeline facility includes— (1) a distribution facility; and (2) a gas utility. (b) In general Each operator of a gas pipeline facility shall, in accordance with an integrity management program required under section 60109 of this title, if applicable, accelerate the repair, rehabilitation, and replacement of gas piping or equipment that— (1) is leaking; or (2) may pose high risks of leaking, or may no longer be fit for service, because of— (A) inferior materials; (B) poor construction practices; (C) lack of maintenance; or (D) age. (c) Policy options (1) In general In complying with subsection (b), each State regulatory authority and each nonregulated gas utility shall consider— (A) developing prioritized timelines to repair all leaks based on the severity of the leak, including non-hazardous leaks, or replace identified leaking or high-risk piping or equipment, including leaks identified as part of an integrity management plan developed under section 192.1007 of title 49, Code of Federal Regulations, if applicable; (B) adopting a cost-recovery program that includes— (i) replacement plans with targets and benchmarks for leaking or high-risk infrastructure replacement; (ii) consideration of the economic, safety, and environmental benefits of reduced gas leakage, including consideration of reduced operation and maintenance costs and reduced costs attributable to lost or unaccounted-for natural gas; and (iii) reporting on the reductions in lost or unaccounted-for gas as a result of pipeline replacements; (C) adopting a standard definition and methodology for calculating and reporting unaccounted-for gas to improve data quality; (D) adopting limits on cost recovery for lost and unaccounted-for gas; and (E) requiring use of best available technology to detect gas leaks. . (2) Technical and conforming amendment The table of sections for chapter 601 of title 49, United States Code, is amended by inserting after the item relating to section 60112 the following: 60112A. Replacement programs for high-risk natural gas pipelines. . (c) Non-Binding guidelines for identifying and classifying high-Risk pipeline infrastructure (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall, after consultation with State regulatory authorities, the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Federal Energy Regulatory Commission, and other appropriate Federal agencies, and after notice and opportunity for comment, issue non-binding guidelines identifying best practices under section 60112A of title 49, United States Code (as added by subsection (b)). (2) Preserving the integrity of actions already taken by state regulatory authorities In formulating guidelines under paragraph (1), the Administrator of the Pipeline and Hazardous Materials Safety Administration shall, to the extent practicable, preserve the integrity of, and be guided by, actions already taken by State regulatory authorities to ensure proper identification, classification, and timely repair of high-risk pipeline infrastructure and leaks, including actions taken after consideration of the standard under section 303(b)(6) of the Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)(6)). (3) Revision of guidelines Not less frequently than once every 7 years, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall review and, as appropriate, revise the guidelines issued under paragraph (1) to reflect changes in the composition and safety performance of the pipeline infrastructure in the United States. 3. Data standardization (a) In general Notwithstanding any other provision of law, not later than 1 year after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration and the heads of other applicable Federal agencies shall, in consultation with State and local agencies under subsection (c), work jointly to establish and publish forms that adopt a standard definition and methodology for calculating and reporting unaccounted-for gas, including, when possible, information on the causes of unaccounted-for gas and the quantities associated with each cause, for use by applicable Federal agencies to standardize the data collected on unaccounted-for gas. (b) Administration In carrying out this section, the Administrator of the Pipeline and Hazardous Materials Safety Administration and the heads of other applicable Federal agencies may— (1) establish an interagency working group; and (2) enter into a memorandum of understanding. (c) Consultation with state and local agencies The Administrator of the Pipeline and Hazardous Materials Safety Administration and the heads of other applicable Federal agencies shall offer to work with State and local regulatory authorities to adopt a standard definition and methodology for calculating and reporting unaccounted-for gas to standardize the data collected by Federal, State, and local governments.
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113-hr-4339
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I 113th CONGRESS 2d Session H. R. 4339 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Rangel (for himself and Ms. Norton ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish State revolving loan funds to repair or replace natural gas distribution pipelines.
1. Short title This Act may be cited as the Pipeline Revolving Fund and Job Creation Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Pipeline and Hazardous Materials Safety Administration. (2) State The term State means— (A) a State; and (B) the District of Columbia. (3) State loan fund The term State loan fund means a pipeline replacement revolving loan fund established by a State under section 3(a)(2)(B). 3. State revolving loan funds (a) Grants to states To establish loan funds (1) In general The Administrator shall offer to enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States under this subsection to repair or replace natural gas distribution pipelines. (2) Eligibility To be eligible to receive a capitalization grant under this section, a State shall— (A) enter into a capitalization agreement with the Administrator under paragraph (1); and (B) establish a pipeline replacement revolving loan fund. (3) Deposit Funds granted to a State under this section shall be deposited in the State loan fund established by the State. (4) Period The funds granted to a State shall be available to the State for obligation during the fiscal year for which the funds are authorized and during the following fiscal year. (5) Allotment Funds made available to carry out this section shall be allotted to States in at the discretion of the Administrator. (6) Reallotment Any funds not obligated by a State by the last day of the period for which the grants are available shall be reallotted in accordance with paragraph (5). (b) Use of funds (1) In general Amounts deposited in a State loan fund, including loan repayments and interest earned on the amounts, shall be used only for providing loans or loan guarantees or as a source of reserve and security for leveraged loans. (2) Limitations (A) In general Loans or loan guarantees made by a State under paragraph (1)— (i) may be used only for expenditures of a type or category that the Administrator has determined, through guidance, will— (I) facilitate compliance with a plan submitted under subsection (c); or (II) otherwise significantly further the replacement or repair of natural gas distribution pipelines that have been identified as leak-prone; and (ii) may not be used for the acquisition of real property or an interest in real property, unless the acquisition is— (I) integral to a plan submitted under subsection (c); and (II) from a willing seller. (B) Buying american (i) In general The Administrator shall ensure, through guidance, that, to the maximum extent practicable, none of the funds from a loan or loan guarantee made by a State under paragraph (1) are used to repair or replace natural gas distribution pipelines unless all of the iron, steel, plastic, and manufactured goods used in the repair or replacement are produced in the United States. (ii) Waiver Clause (i) shall not apply in any case or category of cases in which the Administrator finds that— (I) applying that clause would be inconsistent with the public interest; (II) iron, steel, plastic, or the applicable manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (III) inclusion of iron, steel, plastic, and manufactured goods produced in the United States will increase the cost of the overall repair or replacement by more than 25 percent. (iii) Publication If the Administrator determines that it is necessary to waive the application of clause (i) based on a finding under clause (ii), the Administrator shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (iv) Applicability This section shall be applied in a manner consistent with United States obligations under international agreements. (c) Intended use plans (1) In general After providing for public review and comment, each State that has entered into a capitalization agreement pursuant to this section shall annually prepare a plan that identifies the intended uses of the amounts available from the State loan fund of the State. (2) Contents An intended use plan shall include— (A) a list of the projects to be carried out by entities receiving the loans in the first fiscal year that begins after the date of the plan, including a description of the project; (B) the criteria and methods established for the use of funds; and (C) a description of the financial status of the State loan fund and the short- and long-term goals of the State loan fund. (3) List of projects Each State shall, after notice and opportunity for public comment, publish and periodically update a list of projects in the State that are eligible for assistance under this section, including the priority assigned to each project and, to the maximum extent practicable, the expected funding schedule for each project and, if possible, an estimate of expected reductions in greenhouse gas emissions for the project. (d) Fund management (1) In general Each State loan fund under this section shall be established, maintained, and credited with repayments and interest and the fund corpus shall be available in perpetuity in accordance with this section. (2) Investment authorized To the extent amounts in the fund are not required for current obligation or expenditure, the amounts shall be invested in interest bearing obligations. (e) State contributions Each capitalization agreement entered into pursuant to this section shall require that the State deposit in the State loan fund from State moneys an amount equal to not less than 20 percent of the total amount of the grant to be made to the State on or before the date on which the grant payment is made to the State. (f) Administration of state loan fund (1) In general Each State may annually use not greater than 4 percent of the funds allotted to the State under this section to cover the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs expended to establish a State loan fund that are incurred after the date of enactment of this Act. (2) Guidance and regulations The Administrator shall issue guidance and promulgate regulations as are necessary to carry out this section, including guidance and regulations— (A) to ensure that each State commits and expends funds allotted to the State under this section as efficiently as practicable in accordance with this section and applicable State law; (B) to prevent waste, fraud, and abuse; and (C) to ensure that the States receiving grants under this section use accounting, audit, and fiscal procedures that conform to generally accepted accounting standards. (3) State report Each State administering a State loan fund under this section shall submit to the Administrator a report every 2 years on the activities carried out under this section, including the findings of the most recent audit of the fund and the entire State allotment. (4) Audits The Administrator shall periodically audit all State loan funds established by, and all other amounts allotted to, the States pursuant to this section in accordance with procedures established by the Comptroller General of the United States. (g) Applicability of federal law (1) In general The Administrator shall ensure that all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by this Act and contributed to a State loan fund established 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. (2) Authority With respect to the labor standards specified in paragraph (1), 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. 4. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act such sums as are necessary for each of fiscal years 2014 through 2024. (b) Limitation Only sums appropriated pursuant to subsection (a) may be used to carry out this Act.
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113-hr-4340
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I 113th CONGRESS 2d Session H. R. 4340 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Rokita introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title 49, United States Code, with respect to passenger motor vehicle crash avoidance information, and for other purposes.
1. Short title This Act may be cited as the Safety Through Informed Consumers Act of 2014 . 2. Passenger motor vehicle information Section 32302 of title 49, United States Code, is amended by inserting after subsection (b) the following: (c) Crash avoidance Not later than 1 year after the date of enactment of the Safety Through Informed Consumers Act of 2014, the Secretary shall ensure that crash avoidance information is provided alongside of and in the same format as crashworthiness information each place that crashworthiness information is made available to the public under this section. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4340ih/xml/BILLS-113hr4340ih.xml
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113-hr-4341
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I 113th CONGRESS 2d Session H. R. 4341 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Ms. Ros-Lehtinen (for herself, Mrs. Capps , and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Trade Commission to submit to Congress a report on the use, in advertising and other media for the promotion of commercial products, of images that have been altered to materially change the physical characteristics of the faces and bodies of the individuals depicted.
1. Short title This Act may be cited as the Truth in Advertising Act of 2014 . 2. Findings Congress finds the following: (1) Advertisers regularly alter images used in print and electronic media to materially change the physical characteristics of models’ faces and bodies, often altering the models’ size, proportions, shape, and skin color, removing signs of ageing, and making other similar changes to models’ appearance. (2) An increasing amount of academic evidence links exposure to such altered images with emotional, mental, and physical health issues, including eating disorders, especially among children and teenagers. There is particular concern about the marketing of such images to children and teenagers through distribution in teen-oriented publications, advertising displayed in public places outside the home, and online media. (3) Such altered images can create distorted and unrealistic expectations and understandings of appropriate and healthy weight and body image. (4) The dissemination of unrealistic body standards has been linked to eating disorders among men and women of varying age groups, but it has a particularly destructive health effect on children and teenagers. (5) Academic evidence has demonstrated a connection between the use of very thin models in advertising and consumer attitudes toward a brand based on such advertising, as well as a material influence of the use of such models on consumer purchase intent, conduct, and reliance. (6) In 2011, the American Medical Association adopted a policy encouraging advertising associations to work with public and private sector organizations concerned with child and adolescent health to develop guidelines for advertisements, especially those appearing in teen-oriented publications, that would discourage the altering of photographs in a manner that could promote unrealistic expectations of appropriate body image. 3. Report by Federal Trade Commission (a) In general Not later than 18 months after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report that contains— (1) a strategy to reduce the use, in advertising and other media for the promotion of commercial products, of images that have been altered to materially change the physical characteristics of the faces and bodies of the individuals depicted; and (2) recommendations for an appropriate, risk-based regulatory framework with respect to such use. (b) Input of external stakeholders and experts In preparing the report required by subsection (a), the Federal Trade Commission shall solicit input from external stakeholders and experts on the strategy and recommendations required to be included in such report. The Commission, in consultation with the Director of the National Institute of Mental Health and the Administrator of the Substance Abuse and Mental Health Services Administration, shall ensure that input is obtained from an appropriate number of stakeholders and experts and, to the extent practicable, from stakeholders and experts that are geographically and culturally diverse and that include stakeholders and experts from the physical and mental health, business, and consumer advocacy communities.
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113-hr-4342
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I 113th CONGRESS 2d Session H. R. 4342 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Shimkus (for himself, Mr. Rokita , Mrs. Ellmers , Mr. Latta , Mr. Barton , and Mrs. Blackburn ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the National Telecommunications and Information Administration from relinquishing responsibility over the Internet domain name system until the Comptroller General of the United States submits to Congress a report on the role of the NTIA with respect to such system.
1. Short title This Act may be cited as the Domain Openness Through Continued Oversight Matters Act of 2014 or the DOTCOM Act of 2014 . 2. NTIA retention of DNS responsibilities pending GAO report (a) Retention of responsibilities Until the Comptroller General of the United States submits the report required by subsection (b), the Assistant Secretary of Commerce for Communications and Information may not relinquish or agree to any proposal relating to the relinquishment of the responsibility of the National Telecommunications and Information Administration (in this section referred to as the NTIA ) over Internet domain name system functions, including responsibility with respect to the authoritative root zone file, the Internet Assigned Numbers Authority functions, and related root zone management functions. (b) Report Not later than 1 year after the date on which the NTIA receives a proposal relating to the relinquishment of the responsibility of the NTIA over Internet domain name system functions that was developed in a process convened by the Internet Corporation for Assigned Names and Numbers at the request of the NTIA, the Comptroller General of the United States shall submit to Congress a report on the role of the NTIA with respect to the Internet domain name system. Such report shall include— (1) a discussion and analysis of— (A) the advantages and disadvantages of relinquishment of the responsibility of the NTIA over Internet domain name system functions, including responsibility with respect to the authoritative root zone file, the Internet Assigned Numbers Authority functions, and related root zone management functions; (B) any principles or criteria that the NTIA sets for proposals for such relinquishment; (C) each proposal received by the NTIA for such relinquishment; (D) the processes used by the NTIA and any other Federal agencies for evaluating such proposals; and (E) any national security concerns raised by such relinquishment; and (2) a definition of the term multistakeholder model , as used by the NTIA with respect to Internet policymaking and governance, and definitions of any other terms necessary to understand the matters covered by the report.
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113-hr-4343
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I 113th CONGRESS 2d Session H. R. 4343 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on the Judiciary A BILL To end the unconstitutional delegation of legislative power which was exclusively vested in the Senate and House of Representatives by article I, section 1 of the United States Constitution, and to direct the Comptroller General of the United States to issue a report to Congress detailing the extent of the problem of unconstitutional delegation to the end that such delegations can be phased out, thereby restoring the constitutional principle of separation of powers set forth in the first sections of the United States Constitution.
1. Short title This Act may be cited as the Write the Laws Act . 2. Findings (a) Article I, section 1 of the United States Constitution vests the legislative powers enumerated therein in the United States Congress, consisting of a Senate and a House of Representatives, subject only to the veto power of the President as provided in article I, section 7, clause 2. (b) Article II, section 1 of the United States Constitution vests the executive power of the United States in a President of the United States, except as enumerated in article II, section 2. (c) Article III, section 1 of the United States Constitution vests the judicial power of the United States in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish, subject only to the jurisdictional limitations set forth in article III, section 2. (d) In the main, [the United States Constitution] has blocked out with singular precision, and in bold lines, in its three primary Articles, the allotment of power to the executive, the legislative, and judicial departments of the government [and] the powers confided by the Constitution to one of these departments cannot be exercised by another. Kilbourn v. Thompson, 103 U.S. 168, 191 (1881). (e) It is … essential to the successful working of this system, that the persons entrusted with power in any of these branches shall not be permitted to encroach upon the powers confided to others, but that each shall by the law of its creation be limited to the exercise of the powers of its own department and no other. Kilbourn v. Thompson, 103 U.S. 168, 191 (1881). (f) The increase in the number of States, in their population and wealth, and in the amount of power … [has] present[ed] powerful and growing temptations to those to whom that exercise is intrusted, to overstep the just boundaries of their own department, and enter upon the domain of one of the others, or to assume powers not intrusted to either of them. Kilbourn v. Thompson, 103 U.S. 168, 191–192 (1881). (g) Succumbing to these powerful and growing temptations, and beginning in the late nineteenth century with the Interstate Commerce Commission and continuing to the present time, Congress has unconstitutionally created numerous administrative agencies with blended powers, namely, (i) the exercise of legislative power vested by the Constitution in Congress, (ii) the exercise of executive power vested by the Constitution in the President and (iii) the exercise of judicial power vested by the Constitution in the Supreme Court and lower Federal courts. (h) By delegating legislative, executive and judicial power to the various administrative agencies, Congress has departed from the separation of powers structure of the United States Constitution, and ignored the warning of the framers of that instrument that [T]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. James Madison, The Federalist No. 47. (i) Further, by delegating legislative, executive, and judicial powers to various administrative agencies, Congress has unconstitutionally established a Star Chamber-like system of rules promulgated, executed and adjudicated by administrative agencies that are functionally a part of the executive branch of government in violation of the due process guarantee of the Fifth Amendment that secures a system of rules promulgated by Congress, executed by the President, and adjudicated by the courts independent from the legislative and executive branches of government. (j) By the very nature of legislative power, and by the express terms of article I, section 1 of the United States Constitution, Congress may not delegate any legislative power to any other branch of government or other entity, including any administrative agency. As Chief Justice John Marshall stated: It will not be contended that congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative. Wayman v. Southard, 10 Wheat. 23 U.S. 1, 41 (1825). (k) As Chief Justice Melville Fuller explained, a criminal offense created or clarified by an Executive Branch agency is not valid unless the offense is fully and completely defined by the act of Congress. In re Kollock, 165 U.S. 526 (1897). (l) By vesting legislative power in the Congress, the Constitution requires the Senate and the House of Representatives to enact statutes containing general rules to be executed by the President, as provided in article II, section 1 of the Constitution of the United States, and to be adjudicated in a case or controversy by such inferior courts as Congress may from time to time establish, or in the Supreme Court, as provided in article III, sections 1 and 2. (m) By abdicating its constitutional legislative responsibility to write the laws whereby the people are governed, and having unconstitutionally delegated that power to unelected bureaucrats, Congress has undermined the constitutional protections of (i) the checks and balances of a bicameral legislative body and (ii) of a presidential veto. (n) As a direct consequence of Congress having abdicated its responsibility to properly exercise the legislative power vested by the Constitution, Congress has: (i) imposed onerous and unreasonable burdens upon the American people; and (ii) violated the constitutional principle of the separation of the legislative, executive and judicial processes and functions. (o) As Chief Justice Roberts observed, the danger posed by the growing power of the administrative state cannot be dismissed, as there are now hundreds of federal agencies poking into every nook and cranny of daily life. City of Arlington v. FCC. 569 U.S._(2013) (Roberts, C.J., dissenting). 3. Restoring the separation of powers Title 1 of the United States Code, shall be amended by inserting at the end of chapter 2 a new chapter, 2B entitled Separation of powers , including section 101, as follows: 101. Nondelegation of legislative power (a) Effective 90 calendar days after the enactment of this bill into law no bills passed by Congress shall contain any delegation of legislative powers whatsoever, whether to (a) any component within the Legislative Branch of government, (b) the President of the United States or any other member of the Executive Branch of government, (c) the Judicial Branch of government, (d) any federal administrative agency, (e) any quasi-public agency, (f) any state or instrumentality thereof, or (g) any other organization or individual. (b) (1) A prohibited delegation of legislative powers in this section shall include: (a) the creation or clarification of any criminal or civil offense; and (b) the creation or clarification of any non-criminal regulation, prohibition or limitation applicable to the public, or some subset thereof, that is not fully and completely defined by Congress, except that the Executive Branch of government may be delegated authority to make factual findings that will determine the date upon which such statute is implemented, suspended, or revived. (2) A prohibited delegation of legislative powers in this section shall not include the issuance of any presidential proclamation, or the issuance by any rule or regulation governing the internal operation of any government agency, or conditions made upon grants or contracts issued by any government agency. (c) Effective 90 calendar days after the enactment of this bill into law, no new presidential directive, adjudicative decision, rule, or regulation, or change to an existing presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of any person or entity, other than an officer or employee of the United States government, shall be promulgated or put into effect, unless said directive, decision, rule or regulation is authorized by a bill written in compliance with this section, and duly enacted according to the process of Article I, Section 7 of the United States Constitution. (d) Within six months after the effective date of this Act, the Comptroller General of the United States, shall report to Congress identifying all statutes enacted prior to the effective date of this statute which contain any delegation of legislative powers prohibited in this section, to the end that Congress may take action to repeal or amend any such statutes. . 4. Enforcement clause Title 1 of the United States Code shall be further amended by adding to new said chapter 2B, as follows: 102. Enforcement clause (a) Effective 90 days after the enactment of this bill, no bill shall become law, nor enforced or applied as law, without Congress having complied fully with the requirements of Section 101(A) and (B) of Chapter 2B of Title 1 of the United States Code, and any persons against whom such a law is enforced or applied may invoke such noncompliance as a complete defense to any legal, equitable, or regulatory action, civil or criminal, brought against him under said law, or the color thereof. (b) Any person aggrieved by any action of any executive officer or administration agency pursuant to any statute that does not comply with the provisions of this Act shall have a cause of action under Sections 2201 and 2202, Title 28, United States Code, and Rules 57 and 65, Federal Rules of Civil Procedure, against the United States to seek appropriate relief, including an injunction against enforcement of any law, the contents of which did not conform to the requirements of this Act. (c) In any judicial action brought pursuant to subsection (B) of this section, the standard of review shall be de novo. . 5. Severability clause If any provision of this Act, or the application thereof, to any person or circumstance is held invalid for any reason in any court of competent jurisdiction, such invalidity does not affect other provisions or other applications of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.
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113-hr-4344
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I 113th CONGRESS 2d Session H. R. 4344 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Ms. Titus (for herself, Ms. DeLauro , Ms. Pingree of Maine , Ms. Brown of Florida , Ms. Kuster , Ms. Brownley of California , Ms. Frankel of Florida , Mr. Lowenthal , Mr. Tonko , Mrs. Napolitano , Mr. O’Rourke , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish a presumption of service connection for mental health conditions related to military sexual trauma.
1. Short title This Act may be cited as the Military Sexual Trauma Claims Administration Reform and Eligibility Act . 2. Presumption of service connection for mental health conditions related to military sexual trauma (a) Presumption (1) In general Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1119. Presumption of service connection for mental health conditions related to military sexual trauma (a) In general For purposes of section 1110 of this title, and subject to section 1113 of this title, a mental health condition of a veteran that a veteran certifies to the Secretary as being incurred in or aggravated by military sexual trauma shall be considered to have been incurred in or aggravated by the service of the veteran, notwithstanding that there is no record of evidence of such mental health condition or such military sexual trauma occurring during such service. (b) Military sexual trauma defined In this section, the term military sexual trauma means, with respect to a veteran, psychological trauma, which in the judgment of a mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment (as defined in section 1720D of this title) which occurred during a period of serving in the Armed Forces on active duty or active duty for training. . (2) Clerical amendment The table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1118 the following new item: 1119. Presumption of service connection for mental health conditions related to military sexual trauma. . (b) Presumption rebuttable Section 1113 of title 38, United States Code, is amended by striking or 1118 each place it appears and inserting 1118, or 1119 . (c) Presumption during peacetime service Section 1137 of title 38, United States Code, is amended by striking and 1113 and inserting 1113, and 1119 .
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113-hr-4345
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I 113th CONGRESS 2d Session H. R. 4345 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Tonko introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reauthorize the weatherization and State energy programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Weatherization Assistance Program Sec. 101. Reauthorization of weatherization assistance program. Sec. 102. Grants to eligible multistate housing and energy nonprofit organizations. Sec. 103. Quality assurance program. TITLE II—State Energy Programs Sec. 201. Reauthorization of State energy programs. 2. Findings Congress finds that— (1) the State energy program established under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. ) (referred to in this section as SEP ) and the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) (referred to in this section as WAP ) have proven to be beneficial, long-term partnerships among Federal, State, and local partners; (2) the SEP and the WAP have been reauthorized on a bipartisan basis over many years to address changing national, regional, and State circumstances and needs, especially through— (A) the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ); (B) the Energy Conservation and Production Act ( 42 U.S.C. 6801 et seq. ); (C) the State Energy Efficiency Programs Improvement Act of 1990 ( Public Law 101–440 ; 104 Stat. 1006); (D) the Energy Policy Act of 1992 ( 42 U.S.C. 13201 et seq. ); (E) the Energy Policy Act of 2005 ( 42 U.S.C. 15801 et seq. ); and (F) the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17001 et seq. ); (3) the SEP, also known as the State energy conservation program — (A) was first created in 1975 to implement a State-based, national program in support of energy efficiency, renewable energy, economic development, energy emergency preparedness, and energy policy; and (B) has come to operate in every sector of the economy in support of the private sector to improve productivity and has dramatically reduced the cost of government through energy savings at the State and local levels; (4) Federal laboratory studies have concluded that, for every Federal dollar invested through the SEP, more than $7 is saved in energy costs and almost $11 in non-Federal funds is leveraged; (5) the WAP— (A) was first created in 1976 to assist low-income families in response to the first oil embargo; (B) has become the largest residential energy conservation program in the United States, with more than 7,100,000 homes weatherized since the WAP was created; (C) saves an estimated 35 percent of consumption in the typical weatherized home, yielding average annual savings of $437 per year in home energy costs; (D) has created thousands of jobs in both the construction sector and in the supply chain of materials suppliers, vendors, and manufacturers who supply the WAP; (E) returns $2.51 in energy savings for every Federal dollar spent in energy and nonenergy benefits over the life of weatherized homes; (F) serves as a foundation for residential energy efficiency retrofit standards, technical skills, and workforce training for the emerging broader market and reduces residential and power plant emissions of carbon dioxide by 2.65 metric tons each year per home; and (G) has decreased national energy consumption by the equivalent of 24,100,000 barrels of oil annually; (6) the WAP can be enhanced with the addition of a targeted portion of Federal funds through an innovative program that supports projects performed by qualified nonprofit organizations that have a demonstrated capacity to build, renovate, repair, or improve the energy efficiency of a significant number of low-income homes; (7) the WAP has increased energy efficiency opportunities by promoting new, competitive public-private sector models of retrofitting low-income homes through new Federal partnerships; (8) improved monitoring and reporting of the work product of the WAP has yielded benefits, and expanding independent verification of efficiency work will support the long-term goals of the WAP; (9) reports of the Government Accountability Office in 2011, Inspector General of the Department of Energy, and State auditors have identified State-level deficiencies in monitoring efforts that can be addressed in a manner that will ensure that WAP funds are used more effectively; (10) through the history of the WAP, the WAP has evolved with improvements in efficiency technology, including, in the 1990s, many States adopting advanced home energy audits, which has led to great returns on investment; and (11) as the home energy efficiency industry has become more performance-based, the WAP should continue to use those advances in technology and the professional workforce. I Weatherization assistance program 101. Reauthorization of weatherization assistance program Section 422 of the Energy Conservation and Production Act ( 42 U.S.C. 6872 ) is amended by striking appropriated— and all that follows through the period at the end and inserting appropriated $450,000,000 for each of fiscal years 2015 through 2019. . 102. Grants to eligible housing and nonprofit organizations The Energy Conservation and Production Act is amended by inserting after section 414B (42 U.S.C. 6864b) the following: 414C. Grants to eligible housing and nonprofit organizations (a) Purposes The purposes of this section are— (1) to expand the number of low-income, single-family and multifamily homes that receive energy efficiency retrofits; (2) to promote innovation and new models of retrofitting low-income homes through new Federal partnerships with covered organizations that leverage donations, donated materials, volunteer labor, homeowner labor equity, and other private sector resources; (3) to assist the covered organizations in demonstrating, evaluating, improving, and replicating widely the model low-income energy retrofit programs of the covered organizations; and (4) to ensure that the covered organizations make the energy retrofit projects undertaken by the covered organizations with awarded funds self-sustaining by the time grant funds have been expended. (b) Definition In this section, the term covered organization means an organization that— (1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; and (2) has an established record of constructing, renovating, repairing, or making energy efficient an aggregate quantity of not less than 250 owner-occupied, single-family or multifamily homes for low-income households, either directly or through affiliates, chapters, or other direct partners (using the most recent year for which data are available). (c) In general The Secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section. (d) Award factors In making grants under this section, the Secretary shall consider— (1) the number of low-income homes the applicant— (A) has built, renovated, repaired, or made more energy efficient as of the date of the application; and (B) can reasonably be projected to build, renovate, repair, or make energy efficient during the grant period beginning on the date of the application; (2) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds; (3) the number and diversity of States, communities, and climates in which the applicant works and the diversity of housing types requiring weatherization as of the date of the application; (4) the amount of non-Federal funds, donated or discounted materials, discounted or volunteer skilled labor, volunteer unskilled labor, homeowner labor equity, and other resources the applicant will provide; (5) the extent to which the applicant could successfully replicate the proposed energy retrofit project and sustain the project after the grant funds have been expended; and (6) such other factors as the Secretary determines to be appropriate. (e) Applications (1) In general Not later than 120 days after the date of enactment of this section, the Secretary shall solicit proposals from covered organizations. (2) Administration To be eligible to receive a grant under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Awards Not later than 90 days after the closing date established by the Secretary for receipt of proposals, the Secretary shall award grants under this section. (f) Eligible uses of grant funds A grant under this section may be used to— (1) conduct energy efficiency audits; (2) perform cost-effective retrofit and related weatherization activities, including purchase of energy efficient materials and supplies; (3) conduct training activities and provide ongoing technical assistance; (4) provide information to homeowners on proper maintenance and energy savings behaviors; (5) conduct data collection, measurement, and verification activities to facilitate program monitoring, oversight, evaluation, and reporting; (6) manage and administer the grant (up to a maximum of 10 percent of the total grant); and (7) obtain and conduct such other materials and activities as the Secretary determines to be appropriate. (g) Maximum amount The amount of a grant provided under this section shall not exceed $5,000,000. (h) Guidelines (1) In general Not later than 60 days after the date of enactment of this section, the Secretary shall issue guidelines to implement the grant program established under this section. (2) Administration The guidelines shall establish— (A) criteria for allowable expenditures; (B) a methodology to determine a minimum energy savings-to-investment ratio; (C) criteria for— (i) the conduct of weatherization training programs; (ii) the conduct of energy audits and program activities; (iii) the conduct of project monitoring activities; and (iv) the use of methodologies to verify energy and cost savings; (D) liability insurance requirements; and (E) recordkeeping requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each home retrofitted. (i) Review and evaluation The Secretary shall review and evaluate the performance of any covered organization that receives a grant under this section (which may include an audit), as determined by the Secretary. (j) Compliance with State and local law Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section. (k) Annual reports The Secretary shall submit to Congress annual reports that provide a description of energy and cost savings achieved and actions taken under this section. (l) Funding Of the funds made available to carry out this part for each of fiscal years 2015 through 2019 under section 422, the Secretary shall make available to carry out this section— (1) 2 percent of the amount if less than $225,000,000 is available; (2) 5 percent of the amount if $225,000,000 or more but less than $260,000,000 is available; (3) 10 percent of the amount if $260,000,000 or more but less than $400,000,000 is available; and (4) 20 percent of the amount if $400,000,000 or more is available. . 103. Quality assurance program Section 415 of the Energy Conservation and Production Act ( 42 U.S.C. 6865 ) is amended by adding at the end the following: (f) Quality assurance program (1) Contractor qualification Effective beginning January 1, 2015, to be eligible to carry out weatherization using funds made available under this part, a contractor shall be selected through a competitive bidding process and be— (A) accredited by the Building Performance Institute; (B) an Energy Smart Home Performance Team accredited under the Residential Energy Services Network; or (C) accredited by an equivalent accreditation or program accreditation-based State certification program approved by the Secretary. (2) Grants to nonprofit organizations (A) In general To be eligible to receive a grant under section 414C, a covered organization (as defined in section 414C(b)) shall use a crew chief who— (i) is certified or accredited in accordance with paragraph (1); and (ii) supervises the work performed with grant funds. (B) Volunteer labor A volunteer who performs work for a covered organization that receives a grant under section 414C shall not be required to be certified under this subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require skilled labor. (3) Minimum efficiency standards Effective beginning October 1, 2015, the Secretary shall ensure that— (A) each retrofit for which weatherization assistance is provided under this part meets minimum efficiency and quality of work standards established by the Secretary after weatherization of a dwelling unit; (B) at least 10 percent of such dwelling units are randomly inspected by a third party accredited as described in paragraph (1) (A) through (C) to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph (A); and (C) the standards established under this subsection meet or exceed the industry standards for home performance work that are in effect on the date of enactment of this subsection, as determined by the Secretary. . II State energy programs 201. Reauthorization of State energy programs Section 365(f) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(f) ) is amended by striking $125,000,000 for each of fiscal years 2007 through 2012 and inserting $75,000,000 for each of fiscal years 2015 through 2019 .
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I 113th CONGRESS 2d Session H. R. 4346 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Turner (for himself, Mrs. Walorski , Mr. Rangel , Mr. McKeon , Mr. Austin Scott of Georgia , Mr. Shimkus , Mr. Poe of Texas , Mr. Guthrie , Mrs. Miller of Michigan , Mr. Mica , and Mr. Diaz-Balart ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To encourage continued enlargement of the North Atlantic Treaty Organization.
1. Short title This Act may be cited as the NATO Alliance Recognition and Promotion Act . 2. Findings Congress finds the following: (1) On March 12, 2014, the North Atlantic Treaty Organization (NATO) marks the 15th anniversary of enlargement through the accession of 3 Central European countries: the Czech Republic, Poland, and Hungary. (2) On March 29, 2014, NATO marks the 10th anniversary of enlargement through the accession of 7 Central European countries: Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia. (3) On April 7, 2014, NATO marks the 5th anniversary of enlargement through the accession of Albania and Croatia. (4) The incorporation of these European countries into NATO has contributed toward a vision of Europe that is aimed at promoting stability and cooperation, at building a Europe whole and free, united in peace, democracy and common values. (5) Since joining the Alliance, these 12 member states have contributed to numerous NATO-led peace and security and stability operations, including participation in the International Security Assistance Force’s (ISAF) mission in Afghanistan. 3. Statement of Congress Congress declares that— (1) NATO has been the cornerstone of transatlantic security cooperation and an enduring instrument for promoting stability in Europe and around the world for over sixty-five years; (2) the incorporation of the Czech Republic, Poland, Hungary, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, Slovenia, Albania, and Croatia has been essential to the success of NATO in this modern era; (3) the Czech Republic, Poland, Hungary, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, Slovenia, Albania and Croatia has over time added to and strengthened the list of key European allies of the United States; (4) since joining NATO, these member states have remained committed to the collective defense of the Alliance and have demonstrated their will and ability to contribute to transatlantic solidarity and assume increasingly more responsibility for international peace and security; (5) these NATO member states have become reliable partners and supporters of aspiring members, and the United States recognizes their continued efforts to aid in further enlargement initiatives; and (6) the commitment by these NATO members to Alliance principles and active participation in Alliance initiatives shows the success of NATO’s Open-Door Policy. 4. Sense of Congress It is the sense of Congress that— (1) the United States should remain committed to maintaining a military presence in Europe as a means of promoting allied interoperability and providing visible assurance to NATO allies in the region; and (2) at the September 2014 NATO Summit in Wales, the United States, along with NATO allies, should continue to pursue enlargement initiatives for the aspirant countries.
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113-hr-4347
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I 113th CONGRESS 2d Session H. R. 4347 IN THE HOUSE OF REPRESENTATIVES March 28, 2014 Mr. Royce (for himself and Mr. Engel ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require the Secretary of State to provide an annual report to Congress regarding United States Government efforts to survey and secure the return, protection, and restoration of stolen, confiscated, or otherwise unreturned Christian properties in the Republic of Turkey and in those areas currently occupied by the Turkish military in northern Cyprus.
1. Short title This Act may be cited as the Turkey Christian Churches Accountability Act . 2. Findings Congress finds the following: (1) United States diplomatic leadership contributes meaningfully and materially to the protection internationally of religious minorities and their faith-based practices and places of worship. (2) The International Religious Freedom Act of 1998 states that It shall be the policy of the United States to condemn violations of religious freedom, and to promote, and to assist other governments in the promotion of, the fundamental right to freedom of religion. . (3) The House of Representatives, when it adopted House Resolution 306 on December 13, 2011, called on the Secretary of State, in all official contacts with Turkish leaders, to urge Turkey to allow the rightful church and lay owners of Christian church properties, without hindrance or restriction, to organize and administer prayer services, religious education, clerical training, appointments, and succession , and to return to their rightful owners all Christian churches and other places of worship, monasteries, schools, hospitals, monuments, relics, holy sites, and other religious properties, including movable properties, such as artwork, manuscripts, vestments, vessels, and other artifacts . (4) On September 28, 2010, the House of Representatives adopted House Resolution 1631, calling for the protection of religious sites and artifacts, as well as for general respect for religious freedom in Turkish-occupied areas of northern Cyprus. (5) Christian churches and communities in the Republic of Turkey and in the occupied areas of Cyprus continue to be prevented from fully practicing their faith and face serious obstacles to reestablishing full legal, administrative, and operational control over stolen, expropriated, confiscated, or otherwise unreturned churches and other religious properties and sites. (6) In many cases the rightful Christian church authorities, including relevant Holy Sees located outside Turkey and Turkish-occupied territories, are obstructed from safeguarding, repairing, or otherwise caring for their holy sites upon their ancient homelands, because the properties have been destroyed, expropriated, converted into mosques, storage facilities, or museums, or subjected to deliberate neglect. (7) While the Turkish Government has made efforts in recent years to address these issues and to return some church properties, much more must be done to rectify the situation of Christian communities in these areas, as a vast majority of Christian holy sites continue to be held by the Turkish Government or by third parties. (8) On April 24, 2013, Catholicos Karekin II and Catholicos Aram I, spiritual leaders of the millions of Christian Armenian faithful in Armenia and the Diaspora, noted that Turkey continued to unjustly [retain] confiscated church estates and properties, and religious and cultural treasures of the Armenian people , and called on Turkey [t]o immediately return the Armenian churches, monasteries, church properties, and spiritual and cultural treasures, to the Armenian people as their rightful owner . (9) The boundaries of Turkey encompass significant historic Christian lands, including the biblical lands of Armenia (present-day Anatolia), home to many of early Christianity’s pivotal events and holy sites, such as Mount Ararat, the location cited in the Bible as the landing place of Noah’s Ark. (10) These ancient territories were for thousands of years home to a large, indigenous Christian population, but, because of years of repressive Turkish Government policies, historic atrocities, and brutal persecution, today Christians constitute less than one percent of Turkey’s population. (11) As a result of the Turkish Government’s invasion of the northern area of the Republic of Cyprus on July 20, 1974, and the Turkish military’s continued illegal and discriminatory occupation of portions of this sovereign state, the future and very existence of Greek Cypriot, Maronite, and Armenian communities are now in grave jeopardy. (12) Under the Turkish occupation of northern Cyprus, freedom of worship has been severely restricted, access to religious sites blocked, religious sites systematically destroyed, and a large number of religious and archaeological objects illegally confiscated or stolen. (13) The United States Commission on International Religious Freedom, in its 2012 annual report, criticized the Turkish government’s systematic and egregious limitations on the freedom of religion , and warned that [l]ongstanding policies continue to threaten the survivability and viability of minority religious communities in Turkey . (14) Christian minorities in Turkey continue to face discrimination, prohibitions on the training and succession of clergy, and violent attacks, which have at times resulted in lenient sentencing, including the reduced sentence for the murderer of the Catholic Church’s head bishop in Turkey, Luigi Padovese, in June 2010, or delayed justice, including the unresolved torture and murder, in April 2007, of three employees of a Protestant Bible publishing house in Malatya, Turkey. (15) The Government of Turkey, in contravention of its international legal obligations, refuses to recognize the 2,000-year-old Sacred See of the Ecumenical Patriarchate’s international status, has confiscated the large majority of the assets and properties of the Ecumenical Patriarchate, Greek cultural and educational foundations, maintains that candidates for the position of Ecumenical Patriarch must be Turkish citizens, and continues to refuse to reopen the Theological School at Halki, thus impeding training and succession for the Greek Orthodox clergy in Turkey. (16) The Government of Turkey, in contravention of its international legal obligations, continues to place substantial restrictions and other limitations upon the Armenian Patriarchate’s right to train and educate clergy and select and install successors without government interference. (17) Religious freedom is an essential cornerstone of democracy that promotes respect for individual liberty, which contributes to greater stability, and is therefore a priority value for the United States to promote in its engagement with other countries. 3. Report requirements (a) In general Not later than 180 days after the date of the enactment of this Act and annually thereafter until 2021, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the status and return of stolen, confiscated, or otherwise unreturned Christian churches, places of worship, and other properties in or from the Republic of Turkey and in the areas of northern Cyprus occupied by the Turkish military that shall contain the following: (1) A comprehensive listing of all the Christian churches, places of worship, and other properties, such as monasteries, schools, hospitals, monuments, relics, holy sites, and other religious properties, including movable properties, such as artwork, manuscripts, vestments, vessels, and other artifacts, in or from Turkey and in the territories of the Republic of Cyprus under military occupation by Turkey that are claimed as stolen, confiscated, or otherwise wrongfully removed from the ownership of their rightful Christian church owners. (2) Description of all engagement over the previous year on this issue by officials of the Department of State with representatives of the Republic of Turkey regarding the return to their rightful owners of all Christian churches, places of worship, and other properties, such as monasteries, schools, hospitals, monuments, relics, holy sites, and other religious properties, including movable properties, such as artwork, manuscripts, vestments, vessels, and other artifacts, both those located within Turkey’s borders and those under control of Turkish military forces in the occupied northern areas of Cyprus. (b) Inclusion in annual Country Reports on Human Rights Practices and International Religious Freedom Report The information required under subsection (a) shall be summarized in the annual Country Reports on Human Rights Practices and International Religious Freedom Reports.
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113-hr-4348
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I 113th CONGRESS 2d Session H. R. 4348 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. George Miller of California (for himself, Mr. Hinojosa , Mr. Polis , Ms. Fudge , Mr. Bishop of New York , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To increase transparency and reduce students’ burdens related to transferring credits between institutions of higher education.
1. Short title This Act may be cited as the Transferring Credits for College Completion Act of 2014 . 2. Data reporting requirements (a) Transfer completion data Section 132(i)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(i)(1) ) is amended by adding at the end the following: (AA) The percentages of degree- or certificate-seeking undergraduate students enrolled at the institution who have transferred from another institution and who obtain a degree or certificate within— (i) the normal time for completion of, or graduation from, the student’s program (including the time spent as a degree- or certificate-seeking undergraduate student at any other institution); (ii) 150 percent of the normal time for completion of, or graduation from, the student’s program (including the time spent as a degree- or certificate-seeking undergraduate student at any other institution); and (iii) 200 percent of the normal time for completion of, or graduation from, the students program (including the time spent as a degree- or certificate-seeking undergraduate student at any other institution). . (b) Effective date This section shall take effect one year after the date of enactment of this Act. 3. Articulation agreements (a) Transfer of credit policies Section 485(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(h) ) is amended— (1) in paragraph (1)— (A) by striking Each institution of higher education and inserting the following: (A) Private institutions Each institution of higher education that is not described in subparagraph (B) and that is ; (B) by redesigning subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (C) by adding at the end the following: (B) Public institutions Each public institution of higher education participating in any program under this title shall— (i) not later than July 1, 2017, publicly disclose on a central location, and in a readable and comprehensible manner, on the website of such institution— (I) a list of the public institutions of higher education that hold an articulation agreement in common with the institution; (II) a list of the courses in the common general education core curriculum of such public institutions of higher education; and (III) a description of each associate degree program at a public institution of higher education in the State that is acceptable in transfer and will provide credit toward the first 2 years of a related baccalaureate program at a public institution of higher education in such State, including each such associate degree program that is fully acceptable in transfer and will be credited as the first 2 years of a baccalaureate program; and (ii) to the extent practicable, in each electronic and printed publication of the institution’s course schedule published on or after July 1, 2017, in a manner of the institution’s choosing, for each course or program of study listed in the institution’s course schedule, whether such course or program of study is part of the common general education core curriculum at the institution and transferable for credit toward the completion of a degree at any public institution of higher education listed under clause (i)(I). (C) Definitions For purposes of subparagraph (B), the terms articulation agreement and common general education core curriculum have the meanings given such terms in paragraph (2). ; and (2) by striking paragraph (2) and inserting following: (2) Articulation agreements Except as provided in paragraph (3) , each public institution of higher education participating in any program under this title shall, not later than July 1, 2017, enter into an articulation agreement (as defined in section 486A(a)) held in common with the other public institutions of higher education that are in the State in which the institution is located and that are participating in any such program. Such articulation agreement shall, at a minimum, include the following: (A) A common general education core curriculum consisting of not less than 30 credit hours or the equivalent coursework, which are fully acceptable in transfer at any such public institution of higher education in the State toward meeting specific degree or certificate requirements. (B) Common course numbering for substantially similar courses in such common general education core curriculum. (C) A guarantee that an associate degree in an academic major in the arts or sciences that is awarded by a public institution of higher education in the State on or after July 1, 2017, shall be fully acceptable in transfer and credited as the first 2 years of a related baccalaureate program at a public institution of higher education in such State. (3) Exception for Tribal Colleges and Universities A Tribal College or University (as defined in section 316) shall not be required to enter into or otherwise participate in an articulation agreement required under paragraph (2) . (4) Rule of construction Nothing in this subsection shall be construed to— (A) except as provided in paragraph (2) , authorize the Secretary or the National Advisory Committee on Institutional Quality and Integrity to require particular policies, procedures, or practices by institutions of higher education with respect to transfer of credit; (B) authorize an officer or employee of the Department to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any institution of higher education, or over any accrediting agency or association; (C) limit the application of the General Education Provisions Act; (D) require an institution of higher education to accept or enroll a student; or (E) create any legally enforceable right, including with respect to a guarantee under paragraph (2)(C) , on the part of a student to require an institution of higher education to accept the student for enrollment or to accept a transfer of credit from another institution. . (b) Articulation agreements Section 486A(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1093a(b) ) is amended— (1) in paragraph (1)— (A) by inserting that meet the requirements of section 485(h)(2) after comprehensive articulation agreements ; (B) by inserting comprehensive articulation agreements after practicable) ; (C) by striking 2010 and inserting 2017 ; and (D) by striking the third sentence, including subparagraphs (A) through (D); and (2) in paragraph (2), by inserting before the period at the end the following: and section 485(h)(2) .
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I 113th CONGRESS 2d Session H. R. 4349 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. McCaul (for himself and Mr. Culberson ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Natural Resources , Energy and Commerce , and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the crude oil export ban under the Energy Policy and Conservation Act, and for other purposes.
1. Short title This Act may be cited as the Crude Oil Export Act . 2. Crude oil exports (a) Repeal of presidential authority To restrict oil exports (1) In general Section 103 of the Energy Policy and Conservation Act ( 42 U.S.C. 6212 ) is repealed. (2) Conforming amendments (A) Section 12 of the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719j ) is amended— (i) by striking and section 103 of the Energy Policy and Conservation Act ; and (ii) by striking such Acts and inserting that Act . (B) The Energy Policy and Conservation Act is amended— (i) in section 251 ( 42 U.S.C. 6271 )— (I) by striking subsection (d); and (II) by redesignating subsection (e) as subsection (d); and (ii) in section 523(a)(1) ( 42 U.S.C. 6393(a)(1) ), by striking (other than section 103 thereof) . (b) Repeal of limitations on exports of oil (1) In general Section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) is amended— (A) by striking subsection (u); and (B) by redesignating subsections (v) through (y) as subsections (u) through (x), respectively. (2) Conforming amendments (A) Section 1107(c) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3167(c) ) is amended by striking (u) through (y) and inserting (u) through (x) . (B) Section 23 of the Deep Water Port Act of 1974 ( 33 U.S.C. 1522 ) is repealed. (C) Section 203(c) of the Trans-Alaska Pipeline Authorization Act ( 43 U.S.C. 1652(c) ) is amended in the first sentence by striking (w)(2), and (x)) and inserting (v)(2), and (w)) . (D) Section 509(c) of the Public Utility Regulatory Policies Act of 1978 ( 43 U.S.C. 2009(c) ) is amended by striking subsection (w)(2) and inserting subsection (v)(2) . (c) Repeal of limitations on export of OCS oil or gas Section 28 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1354 ) is repealed. (d) Termination of limitation on exportation of crude oil Section 7(d) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2406(d) ) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) shall have no force or effect. (e) Clarification of crude oil regulation (1) In general Section 754.2 of title 15, Code of Federal Regulations (relating to crude oil) shall have no force or effect. (2) Crude oil license requirements The Bureau of Industry and Security of the Department of Commerce shall grant licenses to export to a country crude oil (as the term is defined in subsection (a) of the regulation referred to in paragraph (1)) (as in effect on the date that is 1 day before the date of enactment of this Act) unless— (A) the country is subject to sanctions or trade restrictions imposed by the United States; or (B) the President or Congress has designated the country as subject to exclusion for reasons of national security. (f) Presidential ban (1) Authority The President may, subject to paragraph (2), impose a ban on the export of crude oil from the United States for a period of not more than 90 days during a period of national emergency. Such ban may be renewed for additional periods during the period of national emergency. (2) Congressional Review Act The act of imposing or renewing a ban under paragraph (1) shall be considered a major rule subject to a resolution of disapproval under chapter 8 of title 5, United States Code (commonly referred to as the Congressional Review Act ).
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113-hr-4350
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I 113th CONGRESS 2d Session H. R. 4350 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Daines introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to take lands and mineral rights on the reservation of the Northern Cheyenne Tribe of Montana and other culturally important lands into trust, and for other purposes.
1. Short title This Act may be cited as the Northern Cheyenne Lands Act . 2. Findings Congress finds the following: (1) The Northern Cheyenne Tribe has depended on its lands and land-based resources to support its way of life since time immemorial. (2) The Tribe has made supreme and historic sacrifices to repossess and maintain its homeland, including its Reservation in Montana. (3) The Tribe currently suffers from tremendous social and economic challenges, including a lack of employment opportunities on the Reservation, which can be improved by strengthening its control over its land base, natural resources, and trust funds. (4) The Tribe and its members are currently the beneficial owners of over 95 percent of the surface lands on the Northern Cheyenne Reservation and all but approximately 5,000 subsurface acres of the Reservation. (5) The Tribe seeks to obtain ownership of approximately 5,000 subsurface acres on its Reservation it does not own because of an error by the United States to secure that subsurface when the Reservation was expanded in 1900. (6) In 2002, the Tribe agreed by settlement to dismiss its lawsuit against the United States, which alleged that the United States failed to protect the Reservation from the impacts of coal development, in return for assistance in securing tribal ownership of those subsurface rights substantially in the form of this Act, and to secure mitigation funding to address the impacts of coal development in areas adjacent to the Reservation, among other conditions. (7) To increase tribal ownership of the surface lands, the Tribe has purchased approximately 932 acres of land within its Reservation that were taken out of trust ownership status for various reasons. (8) The Tribe has purchased approximately 635 acres of land near Bear Butte, South Dakota, which the Tribe considers sacred ground for its members, as well as for members of other tribes. (9) The Tribe now seeks to have the aforementioned lands and subsurface within the Reservation and Bear Butte lands taken into trust on its behalf by the United States. (10) If the actions authorized by this Act are completed, the Tribe will waive all legal claims against the United States arising out of the longstanding loss of the subsurface rights and arising out of the United States management of the Northern Cheyenne Trust Fund. 3. Definitions In this Act: (1) Fund The term Fund means the Northern Cheyenne Trust Fund identified in the June 7, 1999 Agreement Settling Certain Issues Relating to the Tongue River Dam Project which was entered into by the Tribe, the State of Montana, and delegates of the Secretary of the Interior, and managed by the Office of Special Trustee in the Department of the Interior. (2) Great northern properties The term Great Northern Properties means the Great Northern Properties Limited Partnership, which is a Delaware limited partnership. (3) Permanent fund The term Permanent Fund means the Northern Cheyenne Tribe Permanent Fund managed by the Northern Cheyenne Tribe pursuant to the Plan for Investment, Management and Use of the Fund, as amended by vote of the Tribal membership on November 2, 2010. (4) Reservation The term Reservation means the Northern Cheyenne Reservation. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means the State of Montana. (7) Tribe The term Tribe means the Northern Cheyenne Tribe. 4. Tribal fee lands to be taken into trust Not later than 60 days after the date of the enactment of this Act, the Secretary shall take the approximately 1,568 acres of land depicted on the map entitled Northern Cheyenne Land Act—Fee-to-Trust Lands and dated March 26, 2014, and on the map entitled Northern Cheyenne Land Act—Fee-to-Trust Lands—Lame Deer Townsite , and dated March 26, 2014, into trust for the benefit of the Northern Cheyenne Tribe. 5. Mineral rights to be taken into trust (a) Completion of mineral conveyances Not later than 60 days after the date on which the Secretary receives the notification described in subsection (d), in a single transaction— (1) Great Northern Properties shall convey to the Tribe all right, title, and interest of Great Northern Properties, consisting of coal and iron ore mineral interests, underlying the land on the Northern Cheyenne Reservation generally depicted as Great Northern Properties on the map entitled Northern Cheyenne Land Act—Coal Tracts and dated February 27, 2014; (2) the Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal mineral interests underlying the land generally depicted as Bull Mountains and East Fork on the map entitled Northern Cheyenne Federal Tracts and dated February 27, 2014; and (3) the Secretary shall ensure that the deed for the conveyance authorized by paragraph (2) shall include a covenant, running with the land— (A) that precludes the coal conveyed from being mined by methods other than underground mining techniques until any surface owner (as defined in section 714 of Public Law 95–87 ( 30 U.S.C. 1304(e) )) for any specific tract has given written consent to Great Northern Properties to enter such specific tract and commence surface mining; and (B) shall not create any property interest in the United States or any surface owner (as defined in section 714 of Public Law 95–87 ( 30 U.S.C. 1304(e) )). (b) Trust status Upon tribal request, the coal and iron ore mineral interests conveyed to the Tribe under this section shall be held in trust by the United States for the benefit of the Tribe. (c) Immunities The right, title, and interests conveyed to the Tribe under subsection (a)(1) shall not be subject to taxation by the State of Montana (including any political subdivision of the State of Montana). (d) Revenue sharing agreement Consistent with the Settlement Agreement entered into effective February 19, 2002, by the Montana State Board of Land Commissioners and the Tribe, the Tribe and Great Northern Properties have agreed on a formula for sharing revenue from development of the Northern Cheyenne Federal Tracts in the event that the Northern Cheyenne Federal Tracts are developed at a later date. The Tribe shall notify the Secretary in writing that the revenue sharing agreement remains in effect. (e) Waiver of legal claims In return for the conveyances of mineral interests under subsection (a)— (1) the Tribe shall waive any and all claims arising from the continuing failure of the United States to acquire the private coal and iron ore mineral interests identified in subsection (a)(1) in trust for the Tribe as part of the Reservation as directed by Congress in 1900; and (2) Great Northern Properties shall waive any claim against the United States relating to the value or completion of the conveyances under subsection (a). (f) Rescission of mineral conveyances If any portion of the mineral conveyances under subsection (a) is invalidated by a court of competent jurisdiction and the judgment of that court is not vacated or reversed on appeal— (1) not later than 1 year after the date on which there is a final judgment, the Secretary or Great Northern Properties may rescind completely each mineral conveyance under subsection (a); and (2) if the Secretary or Great Northern Properties carries out a rescission under paragraph (1), the waiver of the Tribe under this section shall be considered to be rescinded. 6. Transfer of Northern Cheyenne Trust Fund to Tribe (a) Transfer of fund Not later than 30 days after the date of the enactment of this Act, the Fund shall be transferred to the Tribe and deposited into the Tribe’s Permanent Fund. (b) Permitted uses of fund The principal of the Fund, upon deposit in the Permanent Fund, shall be maintained in perpetuity, and the earnings of the Permanent Fund shall be used as provided in the Northern Cheyenne Tribe Permanent Fund Plan. (c) Waiver of legal claims In return for transfer of the Fund under subsection (a), the Tribe shall waive any and all claims arising from the United States management of the Fund. 7. Eligibility for other Federal benefits No sums or other benefits provided to the Tribe under this Act shall result in the reduction or denial of any Federal services, benefits, or programs to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of— (1) the status of the Tribe as a federally recognized Indian tribe; or (2) the status of the member as a member of the Tribe.
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113-hr-4351
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I 113th CONGRESS 2d Session H. R. 4351 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Guthrie (for himself, Mr. Tonko , Mr. Smith of New Jersey , and Ms. Waters ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the National Alzheimer’s Project Act to require the Director of the National Institutes of Health to prepare and submit, directly to the President for review and transmittal to Congress, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institutes) for the initiatives of the National Institutes of Health pursuant to such Act.
1. Short title This Act may be cited as the Alzheimer’s Accountability Act of 2014 . 2. Findings The Congress finds as follows: (1) Alzheimer's disease is the most expensive disease in the United States today. Its costs are set to increase like the costs of no other disease and will be carried in substantial measure through the Medicare and Medicaid programs. (2) Through the unanimous, bipartisan passage of the National Alzheimer's Project Act (Public Law 111–375), the 111th Congress recognized the national imperative to act and instructed the Nation's scientists to develop a plan to change the trajectory of this disease. (3) Scientists at the National Institutes of Health have prepared and presented to Congress a national plan to prevent and effectively treat Alzheimer's disease by 2025, including the underlying specification of milestones and timelines to achieve this goal. (4) Capital budgeting is a universally accepted best practice for the successful management of such a multiyear project, but such projections have not been prepared and provided to Congress to achieve the 2025 goal, preventing Congress from exercising truly effective oversight over a venture of profound importance to the Nation. 3. Professional judgment budget for initiatives of NIH under National Alzheimer’s Project Section 2 of the National Alzheimer’s Project Act ( Public Law 111–375 ) ( 42 U.S.C. 11225 ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: (h) Professional judgment budget For each fiscal year through fiscal year 2025, the Director of the National Institutes of Health shall prepare and submit, directly to the President for review and transmittal to Congress, after reasonable opportunity for comment (but without change) by the Secretary of Health and Human Services and the Advisory Council, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institutes) for the initiatives of the National Institutes of Health pursuant to this Act. .
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113-hr-4352
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I 113th CONGRESS 2d Session H. R. 4352 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Bilirakis (for himself, Mr. Jolly , Ms. Castor of Florida , Mr. Palazzo , Mr. Marino , and Mr. Rooney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Government Accountability Office to conduct periodic reviews of the flood insurance rates and flood insurance rate maps under the national flood insurance program, and for other purposes.
1. Short title This Act may be cited as the Flood Insurance Integrity Act of 2014 . 2. GAO reviews regarding flood insurance rates and rate maps (a) Periodic review of rate tables During the 6-month period that begins 12 months after the date of the enactment of this Act and every 4 years thereafter, the Comptroller General of the United States shall conduct a review of the rate tables established by the Federal Emergency Management Agency for carrying out the national flood insurance program under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) and in effect at the time of such review, and shall make a determination of whether— (1) the chargeable premium rates for flood insurance coverage determined by such tables are actuarially sound, based on standard actuarial practices used in the private sector; and (2) such chargeable premium rates are sufficient to ensure the long-term financial sustainability of the national flood insurance program. (b) Annual review of mapping process and rate maps During the 6-month period referred to in subsection (a) and annually thereafter, the Comptroller General, in consultation with the United States Geological Survey of the Department of the Interior, shall conduct a review of the process in effect at the time of such review for establishing and updating flood insurance rate maps under the national flood insurance program and shall make a determination of the degree of accuracy of such mapping process. (c) Reports For each review conducted pursuant to subsection (a) or (b), the Comptroller General shall submit to the Congress a report describing the results of the review and the determinations made pursuant to the review.
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113-hr-4353
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I 113th CONGRESS 2d Session H. R. 4353 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Gardner (for himself, Mr. Franks of Arizona , Mr. Duncan of Tennessee , Mr. Gosar , Mr. Roe of Tennessee , Mrs. Blackburn , Mr. Bishop of Utah , Mr. Chaffetz , and Mr. Tipton ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Director of the National Park Service to refund to States all State funds that were used to reopen and temporarily operate a unit of the National Park System during the October 2013 shutdown.
1. Short title This Act may be cited as the Shutdown Windfall Reimbursement Act . 2. Findings Congress finds that— (1) during the period in October 2013 in which there was a lapse in appropriations (referred to in this section as the Government shutdown ), the National Park Service entered into agreements with the States of Arizona, Colorado, New York, South Dakota, Tennessee, and Utah to temporarily reopen iconic national treasures in the National Park System, such as the Grand Canyon, Mount Rushmore, and the Statue of Liberty; (2) pursuant to the agreements described in paragraph (1), the States listed in paragraph (1) advanced approximately $2,000,000 to the National Park Service to pay for park operations during the Government shutdown; (3) the units of the National Park System that were temporarily reopened using State funds also collected gate entry fees; (4) the Government shutdown ended when Congress passed the Continuing Appropriations Act, 2014 (Public Law 113–46), which retroactively funded Federal agencies and Federal employee salaries for the period of time during which the Government was shut down; (5) by virtue of the retroactive appropriation made by Congress, the National Park Service retained an unintended shutdown windfall from the States listed in paragraph (1) of approximately $2,000,000; and (6) the States listed in paragraph (1) that entered into agreements described in paragraph (1) with the National Park Service should be fully reimbursed for advancing funds to maintain public access to iconic national treasures in the National Park System during the Government shutdown. 3. Refund of funds used by states to operate national parks during shutdown (a) In general The Director of the National Park Service shall refund to each State all funds of the State that were used to reopen and temporarily operate a unit of the National Park System during the period in October 2013 in which there was a lapse in appropriations for the unit. (b) Funding Funds of the National Park Service that are appropriated after the date of enactment of this Act shall be used to carry out this section.
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113-hr-4354
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I 113th CONGRESS 2d Session H. R. 4354 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prevent a taxpayer bailout of health insurance issuers.
1. Short title This Act may be cited as the Obamacare Taxpayer Bailout Protection Act . 2. Prevention of bailout of health insurance issuers Section 1342 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18062 ) is amended by adding at the end the following: (d) Ensuring budget neutrality In implementing this section, the Secretary shall ensure that payments out and payments in under paragraphs (1) and (2) of subsection (b) are provided for in amounts that the Secretary determines are necessary to reduce to zero the cost (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) to the Federal Government of carrying out the program under this section. .
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113-hr-4355
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I 113th CONGRESS 2d Session H. R. 4355 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Griffin of Arkansas (for himself, Mr. Crawford , Mr. Womack , and Mr. Cotton ) 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 201 B Street in Perryville, Arkansas, as the Harold George Bennett Post Office .
1. Harold George Bennett Post Office (a) Designation The facility of the United States Postal Service located at 201 B Street in Perryville, Arkansas, shall be known and designated as the Harold George Bennett Post Office . (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 Harold George Bennett Post Office .
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113-hr-4356
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I 113th CONGRESS 2d Session H. R. 4356 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mrs. Kirkpatrick (for herself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to make certain improvements in the information security of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Department of Veterans Affairs Information Security Protection Act . 2. Department of Veterans Affairs information security improvements (a) Submittal of quarterly information security report to Congress Paragraph (14) of subsection (b) of section 5723 of title 38, United States Code, is amended by inserting and to the Committees on Veterans’ Affairs of the Senate and House of Representatives after to the Secretary . (b) Plan for addressing known information security vulnerabilities Such subsection is further amended by adding at the end the following new paragraph: (17) Submitting to the Chairs and Ranking Members of the Committees on Veterans’ Affairs of the Senate and House of Representatives, by not later than 30 days after the date of the enactment of this paragraph, and quarterly thereafter, a plan of action to address critical known information security vulnerabilities that includes— (A) specific milestones regarding timelines to address such vulnerabilities; (B) a summary of any reports provided to the Assistant Secretary for Information and Technology pursuant to subsection (e)(3) during the period covered by the report; (C) a discussion of any risk assessment analysis undertaken by the Department that led to the inclusion of any such vulnerability; and (D) a summary of such plan of action that could be made publicly available. . (c) Plan for replacing outdated operating systems Such subsection is further amended by adding at the end the following new paragraph: (18) Submitting to the Committees on Veterans’ Affairs of the Senate and House of Representatives, by not later than January 1 of each year, a plan for identifying and replacing operating systems of the Department that are out-of-date or unsupported and that includes— (A) requirements that such an operating system be removed from the network of the Department no later than 15 days after the date on which the operating system was identified as being out-of-date or unsupported; and (B) information concerning the number of systems so identified during the year preceding the year in which the report is submitted, when each such system was so identified, and when each system so identified was removed from the network of the Department. . (d) Software security Such subsection is further amended by adding at the end the following new paragraph: (19) Ensuring that any software or Internet applications used on systems by the Department are secure from vulnerabilities that could affect the confidentiality of sensitive personal information of veterans. . 3. Information technology reporting requirements (a) In general Chapter 57 of title 38, United States Code, is amended— (1) by redesignating sections 5727 and 5728 as sections 5729 and 5730, respectively; and (2) by inserting after section 5726 the following new sections: 5727. Reporting requirements Not later than 30 days after the last day of each fiscal quarter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report that includes the following information for that fiscal quarter: (1) A detailed description of any incidents of failure to comply with established information security policies that occurred during that quarter. (2) Any actions taken in response to such an incident. (3) Any reports made under paragraphs (8) through (10) of subsection (b) of section 5723 of this title during that quarter. (4) Written certification that the requirements of section 5722(c) of this title were followed during that quarter. (5) A detailed discussion of whether each recommendation made by the National Institute of Standards and Technology, the Office of Management and Budget, or the Department of Homeland Security relating to information security have been implemented by the Department, and if not, an explanation of why such recommendation was not implemented. (6) Steps taken to ensure the security of the Veterans Health Information Systems and Technology Architecture of the Department that allows for an integrated inpatient and outpatient electronic health record for patients and provides administrative tools to employees of the Department taken during that quarter. 5728. Information security strategic plan (a) Plan required Not later than one year after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Secretary of Defense, the Director of the National Institute of Standards and Technology, the heads of other appropriate Federal agencies, veterans groups, and appropriate industry specialists, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a strategic plan for improving the information security of the Department. Such plan shall address— (1) methods of protecting the sensitive personal information of veterans while not unduly interfering with the ability of the Department to provide benefits and services to veterans and their dependents; (2) how the Department can improve its compliance with information security requirements; (3) training and recruitment of employees with the necessary expertise and abilities in information security; and (4) the institutional capability of the Department to address information security threats and to implement best practices related to information security. (b) Biannual updates The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives biannual updates to the plan required by subsection (a). . (b) Clerical amendments The table of sections at the beginning of such chapter is amended by striking the items relating to sections 5727 and 5728 and inserting the following new items: 5727. Reporting requirements. 5728. Information security strategic plan. 5729. Definitions. 5730. Authorization of appropriations. . 4. Requirements for Department of Veterans Affairs contracts for data processing or maintenance (a) In general Section 5725(a) of title 38, United States Code, is amended— (1) in paragraph (2), by striking the period and inserting ; and ; and (2) by adding at the end the following new paragraph: (3) the contractor shall provide protective measures to safeguard from possible information security threats any information provided by the Department that will be resident on or transiting through information systems controlled by the contractor. . (b) Applicability Paragraph (3) of section 5725(a) of title 38, United States Code, shall apply with respect to a contract entered into after the date of the enactment of this Act.
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