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113-hr-4357
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I 113th CONGRESS 2d Session H. R. 4357 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Lamborn (for himself and Mr. Bridenstine ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To deny admission to the United States to any representative to the United Nations who has engaged in espionage activities against the United States, poses a threat to United States national security interests, or has engaged in a terrorist activity against the United States.
1. Visa limitation for certain representatives to the United Nations Section 407(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (8 U.S.C. 1102 note) is amended— (1) by striking such individual has been found to have been engaged in espionage activities and inserting the following: “such individual— (1) has engaged in espionage activities or a terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))) ; and (2) by striking allies and may pose and inserting the following: “allies; and (2) may pose .
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113-hr-4358
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I 113th CONGRESS 2d Session H. R. 4358 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize the Secretary of the Army, acting through the Chief of Engineers, to convey a parcel of land in St. Charles County, Missouri, and for other purposes.
1. St. Charles County, Missouri, land exchange (a) Land exchange On conveyance by Ameren Corporation to the United States of all right, title, and interest in and to the non-Federal land, the Secretary of the Army, acting through the Chief of Engineers, shall convey to Ameren Corporation all right, title, and interest of the United States in and to the Federal land. (b) Definitions In this section, the following definitions apply: (1) Federal land The term Federal land means approximately 84 acres of land, as identified by the Secretary, that is a portion of the approximately 227 acres of land leased from the Corps of Engineers by Ameren Corporation for the Portage Des Sioux Power Plant in St. Charles County, Missouri (Lease No. DA–23–065–CIVENG–64–651, Pool 26). (2) Non-Federal land The term non-Federal land means the approximately 68 acres of land owned by Ameren Corporation in Jersey County, Illinois, contained within the north half of section 23, township 6 north, range 11 west of the third principal meridian. (c) Specific conditions (1) Deeds (A) Deed to non-Federal land The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. (B) Deed to Federal land The Secretary shall convey the Federal land to Ameren Corporation by quitclaim deed. (2) Cash payment If the appraised fair market value of the Federal land, as determined by the Secretary, exceeds the appraised fair market value of the non-Federal land, as determined by the Secretary, Ameren Corporation shall make a cash payment to the United States reflecting the difference in the appraised fair market values.
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113-hr-4359
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I 113th CONGRESS 2d Session H. R. 4359 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Sean Patrick Maloney of New York introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to make memorial headstones and markers available for purchase on behalf of members of reserve components who performed inactive duty training or active duty for training but did not serve on active duty.
1. Short title This Act may be cited as the Honor Guardsmen and Reservists Act . 2. Availability for purchase of Department of Veterans Affairs memorial headstones and markers for members of reserve components who performed certain training Section 2306 of title 38, United States Code, is amended by adding at the end the following new subsection: (i) (1) The Secretary shall make available for purchase a memorial headstone or marker for the marked or unmarked grave of an individual described in paragraph (2) or for the purpose of commemorating such an individual whose remains are unavailable. (2) An individual described in this paragraph is an individual who— (A) as a member of a reserve component performed inactive duty training or active duty for training, but did not serve on active duty; and (B) is not otherwise ineligible for a memorial headstone or marker on account of the nature of the individual’s separation from the Armed Forces or other cause. .
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113-hr-4360
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I 113th CONGRESS 2d Session H. R. 4360 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Meadows (for himself, Mr. Butterfield , Mrs. Ellmers , Mr. Jones , Mr. Price of North Carolina , Ms. Foxx , Mr. Coble , Mr. McIntyre , Mr. Hudson , Mr. Pittenger , Mr. McHenry , and Mr. Holding ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To designate the facility of the United States Forest Service for the Grandfather Ranger District located at 109 Lawing Drive in Nebo, North Carolina, as the Jason Crisp Forest Service Building .
1. Designation of Jason Crisp Forest Service Building, Nebo, North Carolina (a) Designation The facility of the Grandfather Ranger District of the United States Forest Service located at 109 Lawing Drive in Nebo, North Carolina, shall be known and designated as the Jason Crisp Forest Service Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Jason Crisp Forest Service Building .
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113-hr-4361
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I 113th CONGRESS 2d Session H. R. 4361 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Nadler (for himself and Mr. Deutch ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes.
1. Short title This Act may be cited as the Sunshine in Litigation Act of 2014 . 2. Restrictions on protective orders and sealing of cases and settlements (a) In general Chapter 111 of title 28, United States Code, is amended by adding at the end the following: 1660. Restrictions on protective orders and sealing of cases and settlements (a) (1) In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enter, by stipulation or otherwise, an order otherwise authorized under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order otherwise authorized approving a settlement agreement that would restrict the disclosure of such information, or an order otherwise authorized restricting access to court records unless in connection with such order the court has first made independent findings of fact that— (A) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or (B) (i) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and (ii) the requested order is no broader than necessary to protect the confidentiality interest asserted. (2) No order entered as a result of the operation of paragraph (1), other than an order approving a settlement agreement, may continue in effect after the entry of final judgment, unless at the time of, or after, such entry the court makes a separate finding of fact that the requirements of paragraph (1) continue to be met. (b) In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enforce any provision of an agreement between or among parties to a civil action, or enforce an order entered as a result of the operation of subsection (a)(1), to the extent that such provision or such order prohibits or otherwise restricts a party from disclosing any information relevant to such civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to such information. (c) (1) Subject to paragraph (2), a court shall not enforce any provision of a settlement agreement in any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, between or among parties that prohibits one or more parties from— (A) disclosing the fact that such settlement was reached or the terms of such settlement (excluding any money paid) that involve matters relevant to the protection of public health or safety; or (B) discussing matters relevant to the protection of public health or safety involved in such civil action. (2) Paragraph (1) applies unless the court has made independent findings of fact that— (A) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information in question; and (B) the requested order is no broader than necessary to protect the confidentiality interest asserted. (d) Notwithstanding subsections (a)(1)(B)(i) and (c)(2)(A), when weighing the interest in maintaining confidentiality under this section, there shall be a rebuttable presumption that the interest in protecting personally identifiable information of an individual outweighs the public interest in disclosure. (e) Nothing in this section shall be construed to permit, require, or authorize the disclosure of classified information (as defined under section 1 of the Classified Information Procedures Act (18 U.S.C. App.)). . (b) Technical and conforming amendment The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: 1660. Restrictions on protective orders and sealing of cases and settlements. . 3. Effective date The amendments made by this Act shall— (1) take effect 30 days after the date of enactment of this Act; and (2) apply only to orders entered in civil actions or agreements entered into on or after such date.
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113-hr-4362
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I 113th CONGRESS 2d Session H. R. 4362 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit United States contributions to the United Nations Population Fund.
1. Prohibition on United States contributions to the United Nations Population Fund No funds available to the Department of State or any other department or agency may be used to provide contributions directly or indirectly to the United Nations Population Fund.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4362ih/xml/BILLS-113hr4362ih.xml
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113-hr-4363
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I 113th CONGRESS 2d Session H. R. 4363 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Takano (for himself and Mr. Cook ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to establish a direct employment pilot program for members of the National Guard and Reserve, to be known as the Work for Warriors Program , and for other purposes.
1. Short title This Act may be cited as the Work for Warriors Act of 2014 . 2. Direct employment pilot program for members of the National Guard and Reserve (a) Establishment Chapter 1601 of title 10, United States Code, is amended to read as follows: 1601 Training generally Sec. 16101. Work for Warriors Program. 16101. Work for Warriors Program (a) Program authority The Chief of the National Guard Bureau shall carry out a pilot program (to be known as the Work for Warriors Program ) to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to members of the reserve components of the armed forces. (b) Administration The Work for Warriors Program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32. (c) Cost-Sharing requirement As a condition on the provision of funds under this section to a State to support the operation of a Work for Warriors Program in the State, the State must agree to contribute an amount, derived from non-Federal sources, equal to at least 30 percent of the funds provided by the Chief of the National Guard Bureau. (d) Direct Employment Program Model The Work for Warriors Program should follow a job placement program model that focuses on working one-on-one with a member of a reserve component to cost-effectively provide job placement services, including services such as identifying unemployed and underemployed members, job matching services, resume editing, interview preparation, and post-employment follow up. Development of the Work for Warriors Program should be informed by State direct employment programs for members of the reserve components of the armed forces, such as the programs conducted in California and South Carolina. (e) Assistance from other Federal Agencies The Secretary of Labor may provide technical assistance to the Chief of the National Guard Bureau and State adjutants general in the development and implementation of the Work for Warriors Program. (f) Evaluation The Chief of the National Guard Bureau shall develop outcome measurements to evaluate the success of the Work for Warriors Program in a State. (g) Reporting requirements (1) Report Required Not later than 180 days after the completion of a Work for Warriors Program conducted under subsection (a), the Chief of the National Guard Bureau shall submit to the congressional defense committees a report describing the results of the program. The Chief shall prepare the report in coordination with the Under Secretary of Defense for Personnel and Readiness. (2) Elements of Report A report under paragraph (1) shall include the following: (A) A description and assessment of the effectiveness and achievements of the Work for Warriors Program, including the number of members of the reserve components hired and the cost-per-placement of participating members. (B) An assessment of the impact of the Work for Warriors Program and increased reserve component employment levels on the readiness of members of the reserve components. (C) A comparison of the Work for Warriors Program to other programs conducted by the Department of Defense and Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components. (D) Any other matters considered appropriate by the Chief of the National Guard Bureau or the Under Secretary of Defense for Personnel and Readiness. (h) Limitation on total fiscal-Year obligations The total amount obligated by the Chief of the National Guard Bureau to carry out the Work for Warriors Program for any fiscal year may not exceed $20,000,000. (i) Duration of Authority (1) In general The authority of the Chief of the National Guard Bureau to carry out the Work for Warriors Program applies during fiscal years 2015 through 2018. (2) Extension Upon the expiration of the authority under paragraph (1), the Chief of the National Guard Bureau may extend the Work for Warriors Program for not more than two additional fiscal years. . (b) Table of chapters The table of chapters at the beginning of subtitle E of title 10, United States Code, and at the beginning of part IV of such subtitle, are each amended by striking the item relating to chapter 1601 and inserting the following new item: 1601. Work for Warriors Program 16101 .
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113-hr-4364
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I 113th CONGRESS 2d Session H. R. 4364 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Waxman (for himself, Mr. Pallone , Mr. Rush , Ms. DeGette , Ms. Schakowsky , Ms. Matsui , Mrs. Christensen , Mr. Braley of Iowa , and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide greater transparency, accountability, and safety authority to the National Highway Traffic Safety Administration, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Motor Vehicle Safety Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—TRANSPARENCY AND ACCOUNTABILITY Sec. 101. Additional early warning reporting requirements. Sec. 102. Public notice of inspection and investigation activities. Sec. 103. Improved access to NHTSA vehicle safety information. Sec. 104. Corporate responsibility for NHTSA reports. Sec. 105. Appeal of defect petition rejection. Sec. 106. Deadlines for rulemaking. Sec. 107. Reports to Congress. Sec. 108. Restriction on Covered Vehicle Safety Officials. Title II—Funding Sec. 201. Vehicle safety user fee. Sec. 202. Authorization of appropriations. Title III—ENHANCED SAFETY AUTHORITIES Sec. 301. Civil penalties. Sec. 302. Imminent hazard authority. Title IV—Additional Provisions Sec. 401. Preemption of State law. 2. Definitions In this Act: (1) Passenger Motor vehicle The term passenger motor vehicle means a motor vehicle (as defined in section 30102(a)(6) of title 49, United States Code) that is rated at less than 10,000 pounds gross vehicular weight. Such term does not include— (A) a motorcycle; (B) a trailer; or (C) a low speed vehicle (as defined in section 571.3 of title 49, Code of Federal Regulations). (2) Secretary The term Secretary means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. I TRANSPARENCY AND ACCOUNTABILITY 101. Additional early warning reporting requirements (a) Data on fatalities Paragraph (3)(C) of section 30166(m) of title 49, United States Code is amended— (1) by striking The manufacturer and inserting the following: (i) In general. —The manufacturer ; and (2) by adding at the end the following: (ii) Fatal incidents If an incident described in clause (i) involves fatalities, the Secretary shall require the manufacturer to report— (I) all initial claims or notice documents that notified the manufacturer of the incident; (II) any police reports or other documents describing or reconstructing the incident; and (III) any amendments or supplements to the documents described in subclause (I), except for— (aa) medical documents and bills; (bb) property damage invoices or estimates; and (cc) documents related to damages. . (b) Public availability Paragraph (4) of section 30166(m) of title 49, United States Code, is amended by striking subparagraph (C) and inserting the following: (C) Disclosure The information provided to the Secretary pursuant to this subsection shall be disclosed publicly unless exempt from disclosure under section 552(b) of title 5. . (c) Regulations Not later than 2 years after the date of enactment of this Act, the Secretary shall issue regulations regarding public access to information submitted pursuant to section 30166(m) of title 49, United States Code. The Secretary may establish categories of information provided pursuant to such section that must be made available to the public and categories that are exempt from public disclosure under section 552(b) of title 5, United States Code. (d) Consultation In conducting the rulemaking required under subsection (c), the Secretary shall consult with the Director of the Office of Government Information Services within the National Archives and the Director of the Office of Information Policy of the Department of Justice. (e) Presumption and limitation The Secretary shall issue the regulations with a presumption in favor of maximum public availability of information. The following types of information shall not be eligible for protection under section 552(b)(4) of title 5, United States Code, and shall not be withheld from public disclosure: (1) Production information regarding passenger motor vehicles, information on incidents involving death or injury, and numbers of property damage claims. (2) Aggregated numbers of consumer complaints. (f) Nullification of prior regulations Beginning 2 years after the date of enactment of this Act, the regulations establishing early warning reporting class determinations in Appendix C of section 512 of title 49, Code of Federal Regulations, shall have no force or effect. 102. Public notice of inspection and investigation activities The Secretary shall provide public notice of all inspection and investigation activities conducted by the Secretary under section 30166 of title 49, United States Code, and make any such notice, and notice of any enforcement or other action taken as a result of an inspection or investigation available on the website of the National Highway Traffic Safety Administration immediately after such notice is issued. 103. Improved access to NHTSA vehicle safety information Not later than 2 years after the date of enactment of this Act, the Secretary shall improve public accessibility to information on the website of the National Highway Traffic Safety Administration regarding vehicle safety, including Early Warning data, studies, investigations, inspections, incident reports, and other materials, by— (1) improving organization and functionality and allowing for data to be searched, aggregated, and downloaded; (2) providing greater consistency in presentation of vehicle safety issues; and (3) improving searchability about specific vehicles and issues through standardization of commonly used search terms and the integration of databases to enable all to be simultaneously searched using the same keyword search function. 104. Corporate responsibility for NHTSA reports Paragraph (1) of section 30166(o) of title 49, United States Code, is amended by striking may and inserting shall . 105. Appeal of defect petition rejection Section 30162 of title 49, United States Code, is amended by adding at the end the following: (e) Judicial review A decision of the Secretary to deny a petition filed under subsection (a)(2) of this section is agency action subject to judicial review under chapter 7 of title 5, and such action shall not be considered committed to agency discretion within the meaning of section 701(a)(2) of such title. A person aggrieved by the denial of a petition may obtain judicial review by filing an action in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business or the United States Court of Appeals for the District of Columbia Circuit not more than 180 days after notice of the denial of the petition is published in the Federal Register. . 106. Deadlines for rulemaking If the Secretary determines that a deadline for a final rule under this Act, or an amendment made by this Act, cannot be met, the Secretary shall— (1) notify the Committee on Energy and Commerce of the House of Representatives and the Senate Committee on Commerce, Science, and Transportation and explain why that deadline cannot be met; and (2) establish a new deadline for that rule. 107. Reports to Congress (a) Study on early warning data Not later than 3, 5, 7, and 9 years after the date of enactment of this Act, the Office of the Inspector General of the Department of Transportation shall complete a study of the utilization of Early Warning data by the National Highway Traffic Safety Administration (NHTSA). Each study shall evaluate the following: (1) The number and type of requests for information made by NHTSA based on data received in the Early Warning Reporting system. (2) The number of safety defect investigations opened by NHTSA using any information reported to the agency through the Early Warning Reporting system. (3) The nature and vehicle defect category of all such safety defect investigations. (4) The number of investigations described in paragraph (2) that are subsequently closed without further action. (5) The duration of each investigation described in paragraph (2). (6) The percentage of each investigation that result in a finding of a safety defect or recall by the agency. (7) Other information the Office of the Inspector General determines to be appropriate. (b) Report on operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies Not later than 6 months after the date of enactment of this Act, the Secretary shall report to Congress regarding the operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies. Such report shall include information about the accomplishments of the Council, the role the Council plays in integrating and aggregating expertise across NHTSA, and priorities of the Council over the next 5 years. (c) Submission of reports Each study described in subsection (a) and the report described in subsection (b) shall be submitted to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate upon completion. 108. Restriction on Covered Vehicle Safety Officials (a) Amendment Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30107. Restriction on covered vehicle safety officials (a) In general For a period of 1 year after the termination of his or her service or employment, a covered vehicle safety official shall not knowingly make, with the intent to influence, any communication to or appearance before any officer or employee of the National Highway Transportation Safety Administration on behalf of any manufacturer subject to regulation under this chapter in connection with any matter involving vehicle safety on which such person seeks official action by any officer or employee of the National Highway Transportation Safety Administration. (b) No effect on section 207 This section does not expand, contract, or otherwise affect the application of any waiver or criminal penalties under section 207 of title 18. (c) Effective date This section shall apply to covered vehicle safety officials who terminate service or employment with the National Highway Transportation Safety Administration after the date of enactment of the Motor Vehicle Safety Act of 2014 . (d) Definition In this section, the term covered vehicle safety official means any officer or employee of the National Highway Transportation Safety Administration who, within the final 12 months of his or her service or employment with the agency, serves or served in a technical or legal capacity, and whose job responsibilities include or included vehicle safety defect investigation, vehicle safety compliance, vehicle safety rulemaking, or vehicle safety research, and any officer or employee of the National Highway Transportation Safety Administration serving in a supervisory or management capacity over such officers or employees. (e) Special rule for detailees For purposes of this section, a person who is detailed from one department, agency, or other entity to another department, agency, or other entity shall, during the period such person is detailed, be deemed to be an officer or employee of both departments, agencies, or such entities. (f) Exception for testimony Nothing in this section shall prevent an individual from giving testimony under oath, or from making statements required to be made under penalty of perjury. . (b) Civil penalty Section 30165(a) of title 49, United States Code, is further amended by adding at the end the following: (5) Section 30107 A person who violates section 30107 shall be subject to a civil penalty of not more than $55,000. . (c) Conforming amendment The table of sections for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30106 the following: 30107. Restriction on covered vehicle safety officials. . II Funding 201. Vehicle safety user fee (a) Amendment Subchapter I of chapter 301 of title 49, United States Code, as amended by section 108(a), is further amended by adding at the end the following: 30108. Vehicle safety user fee (a) Establishment of fund There is established in the Treasury of the United States a separate account for the deposit of fees under this section to be known as the Vehicle Safety Fund. (b) Assessment and collection of vehicle safety fees Beginning 1 year after the date of enactment of the Motor Vehicle Safety Act of 2014 , the Secretary shall assess and collect, in accordance with this section, a vehicle safety user fee from the manufacturer for each motor vehicle that is certified as compliant with applicable motor vehicle safety standards pursuant to section 30115. (c) Deposit The Secretary shall deposit any fees collected pursuant to subsection (b) into the Vehicle Safety Fund established by subsection (a) . (d) Use Amounts in the Vehicle Safety Fund shall be available to the Secretary, as provided in subsection (i), for making expenditures to meet the obligations of the United States to carry out vehicle safety programs of the National Highway Traffic Safety Administration. (e) Vehicle safety user fee (1) First, second, and third year fees The fee assessed under this section for the first three years shall be as follows: (A) $3 for each vehicle certified during the first year in which such fees are assessed. (B) $6 for each vehicle certified during the second year in which such fees are assessed. (C) $9 for each vehicle certified during the third year in which such fees are assessed. (2) Subsequent years The fee assessed under this section for each vehicle certified after the third year in which such fees are assessed shall be adjusted by the Secretary by notice published in the Federal Register to reflect the total percentage change that occurred in the Consumer Price Index for all Urban Consumers for the 12-month period ending June 30 preceding the fiscal year for which fees are being established. (3) Payment The Secretary shall require payment of fees under this section on a quarterly basis and not later than one quarter after the date on which the fee was assessed. (f) Rulemaking Not later than 9 months after the date of enactment of the Motor Vehicle Safety Act of 2014 , the Secretary shall promulgate rules governing the collection and payment of fees pursuant to this section. (g) Limitations (1) In general Fees under this section shall not be collected for a fiscal year unless appropriations for vehicle safety programs of the National Highway Traffic Safety Administration for such fiscal year (excluding the amount of fees appropriated for such fiscal year) are equal to or greater than the amount of appropriations for vehicle safety programs of the National Highway Traffic Safety Administration for fiscal year 2014. (2) Authority If the Secretary does not assess fees under this section during any portion of a fiscal year because of paragraph (1) , the Secretary may assess and collect such fees, without any modification in the rate, at a later date in such fiscal year notwithstanding the provisions of subsection (e)(3) relating to the date fees are to be paid. (h) Collection of unpaid fees In any case where the Secretary does not receive payment of a fee assessed under this section within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31. (i) Authorization of appropriations In addition to funds authorized to be appropriated under section 30104, there is authorized to be appropriated from the Vehicle Safety Fund to the Secretary for the National Highway Traffic Safety Administration for each fiscal year in which fees are collected under subsection (b) an amount equal to the total amount collected during the previous fiscal year from fees assessed pursuant to this section. Such amounts are authorized to remain available until expended. (j) Crediting and Availability of Fees Fees authorized under subsection (b) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. . (b) Clerical amendment The table of sections for chapter 301 of title 49, United States Code, as amended by section 108(d), is further amended by inserting after the item relating to section 30107 the following: 30108. Vehicle safety user fee. . 202. Authorization of appropriations Section 30104 of title 49, United States Code, is amended— (1) by striking $98,313,500 ; and (2) by striking in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2011. and inserting the following: and to carry out the Motor Vehicle Safety Act of 2014 — (1) $200,000,000 for fiscal year 2015; (2) $240,000,000 for fiscal year 2016; and (3) $280,000,000 for fiscal year 2017. . III ENHANCED SAFETY AUTHORITIES 301. Civil penalties (a) In general Section 30165 of title 49, United States Code, is amended— (1) in subsection (a)(1)— (A) in the first sentence by striking $5,000 and inserting $25,000 ; and (B) in the third sentence, by striking $35,000,000 and inserting $200,000,000 ; and (2) in subsection (a)(3)— (A) in the second sentence by striking $5,000 and inserting $25,000 ; and (B) in the third sentence, by striking $35,000,000 and inserting $200,000,000 . (b) Construction Nothing in this section shall be construed as preventing the imposition of penalties under section 30165 of title 49, United States Code, prior to the issuance of a final rule pursuant to section 31203(b) of the Moving Ahead for Progress in the 21st Century Act ( 49 U.S.C. 30165 note). 302. Imminent hazard authority (a) In general Section 30118(b) of title 49, United States Code, is amended by adding at the end the following: (3) Imminent hazard orders If the Secretary of Transportation in making a decision under subsection (a) also initially decides that such defect or noncompliance presents a substantial likelihood of death or serious injury to the public, the Secretary shall notify such manufacturer. The opportunity for the manufacturer to present information, views, and arguments in accordance with paragraph (1) shall be provided as soon as practicable but not later than 10 calendar days after the initial decision. The Secretary shall expedite proceedings for a decision and order under paragraph (1) and shall, as appropriate, issue an imminent hazard order. . (b) Procedures Not later than 2 years after the date of enactment of this Act, the Secretary shall issue procedures for the issuance and enforcement of imminent hazard orders under section 30118(b)(3) of title 49, United States Code (as added by subsection (a)), consistent with the provisions of chapter 301 of such title and chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act). IV Additional Provisions 401. Preemption of State law (a) Congressional authorization required Notwithstanding any other provision of law, the Secretary shall not publish a rule pursuant to section 30111 of title 49, United States Code, that addresses the issue of preemption of State law seeking damages for personal injury, death, or property damage unless Congress expressly authorizes the Secretary to address such preemption. (b) Preemption language Any language addressing the issue of preemption contained within regulations issued by the Secretary pursuant to section 30111 of title 49, United States Code, during the years 2005 through 2008 shall not be considered in determining whether any such rule preempts any action under State law seeking damages for personal injury, death, or property damage unless Congress expressly authorizes the Secretary to address such preemption.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4364ih/xml/BILLS-113hr4364ih.xml
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113-hr-4365
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I 113th CONGRESS 2d Session H. R. 4365 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Gerlach (for himself, Mr. Neal , Mr. Kelly of Pennsylvania , Mr. Blumenauer , Mr. Tiberi , Mr. Rangel , Mr. Reed , Mr. McDermott , and Mr. Lewis ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permanently extend the new markets tax credit, and for other purposes.
1. Short title This Act may be cited as the New Markets Tax Credit Extension Act of 2014 . 2. Permanent extension of new markets tax credit (a) Extension (1) In general Subparagraph (G) of section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking , 2011, 2012, and 2013 and inserting and each calendar year thereafter . (2) Conforming amendment Section 45D(f)(3) of such Code is amended by striking the last sentence. (b) Inflation adjustment Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Inflation adjustment (A) In general In the case of any calendar year beginning after 2013, the dollar amount in paragraph (1)(G) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2000 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding rule Any increase under subparagraph (A) which is not a multiple of $1,000,000 shall be rounded to the nearest multiple of $1,000,000. . (c) Alternative minimum tax relief Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended— (1) by redesignating clauses (v) through (ix) as clauses (vi) through (x), respectively, and (2) by inserting after clause (iv) the following new clause: (v) the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made after the date of the enactment of the New Markets Tax Credit Extension Act of 2014 , . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Alternative minimum tax relief The amendments made by subsection (c) shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b) of the Internal Revenue Code of 1986) initially made after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4365ih/xml/BILLS-113hr4365ih.xml
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113-hr-4366
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I 113th CONGRESS 2d Session H. R. 4366 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Rokita (for himself, Mr. Kline , Mr. George Miller of California , and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To strengthen the Federal education research system to make research and evaluations more timely and relevant to State and local needs in order to increase student achievement.
1. Short title This Act may be cited as the Strengthening Education through Research Act . 2. Table of contents Sec. 1. Short title. Sec. 2. Table of contents. Title I—EDUCATION SCIENCES REFORM Sec. 101. References. Sec. 102. Definitions. Part A—The Institute of Education Sciences Sec. 111. Establishment. Sec. 112. Functions. Sec. 113. Delegation. Sec. 114. Office of the Director. Sec. 115. Priorities. Sec. 116. National Board for Education Sciences. Sec. 117. Commissioners of the National Education Centers. Sec. 118. Transparency. Sec. 119. Competitive awards. Part B—National Center for Education Research Sec. 131. Establishment. Sec. 132. Duties. Sec. 133. Standards for conduct and evaluation of research. Part C—National Center for Education Statistics Sec. 151. Establishment. Sec. 152. Duties. Sec. 153. Performance of duties. Sec. 154. Reports. Sec. 155. Dissemination. Sec. 156. Cooperative education statistics systems. Part D—National Center for Education Evaluation and Regional Assistance Sec. 171. Establishment. Sec. 172. Commissioner for Education Evaluation and Regional Assistance. Sec. 173. Evaluations. Sec. 174. Regional educational laboratories for research, development, dissemination, and evaluation. Part E—National Center for Special Education Research Sec. 175. Establishment. Sec. 176. Commissioner for Special Education Research. Sec. 177. Duties. Part F—General provisions Sec. 182. Prohibitions. Sec. 183. Confidentiality. Sec. 184. Availability of data. Sec. 185. Performance management. Sec. 186. Authority to publish. Sec. 187. Repeals. Sec. 188. Fellowships. Sec. 189. Authorization of appropriations. Title II—EDUCATIONAL TECHNICAL ASSISTANCE Sec. 201. References. Sec. 202. Definitions. Sec. 203. Comprehensive centers. Sec. 204. Evaluations. Sec. 205. Existing technical assistance providers. Sec. 206. Regional advisory committees. Sec. 207. Priorities. Sec. 208. Grant program for statewide longitudinal data systems. Sec. 209. Authorization of appropriations. Title III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS Sec. 301. References. Sec. 302. National assessment governing board. Sec. 303. National assessment of educational progress. Sec. 304. Definitions. Sec. 305. Authorization of appropriations. Title IV—EVALUATION PLAN Sec. 401. Research and evaluation. I EDUCATION SCIENCES REFORM 101. References Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.). 102. Definitions Section 102 ( 20 U.S.C. 9501 ) is amended— (1) in paragraph (5), by striking Affairs and inserting Education ; (2) in paragraph (10)— (A) by inserting or other information, in a timely manner and after evaluations, ; and (B) by inserting school leaders, after teachers, ; (3) in paragraph (12), by inserting , school leaders, after teachers ; (4) by striking paragraph (13); (5) by redesignating paragraphs (14) and (15) as paragraphs (13) and (14), respectively; (6) by inserting after paragraph (14), as so redesignated, the following: (15) Minority-serving institution The term minority-serving institution means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). ; (7) by amending paragraph (18) to read as follows: (18) Principles of scientific research The term principles of scientific research means principles of research that— (A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs; (B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and (C) include, appropriate to the research being conducted— (i) use of systematic, empirical methods that draw on observation or experiment; (ii) use of data analyses that are adequate to support the general findings; (iii) reliance on measurements or observational methods that provide reliable and generalizable findings; (iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments; (v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research; (vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and (vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions. ; (8) in paragraph (20), by striking scientifically based research standards and inserting the principles of scientific research ; and (9) by adding at the end the following: (24) School leader The term school leader means a principal, assistant principal, or other individual who is— (A) an employee or officer of— (i) an elementary school or secondary school; (ii) a local educational agency serving an elementary school or secondary school; or (iii) another entity operating the elementary school or secondary school; and (B) responsible for the daily instructional leadership and managerial operations of the elementary school or secondary school. . A The Institute of Education Sciences 111. Establishment Section 111 ( 20 U.S.C. 9511 ) is amended— (1) in subsection (b)(2)— (A) in the matter preceding subparagraph (A)— (i) by striking and wide dissemination activities and inserting and, consistent with section 114(j), wide dissemination and utilization activities ; and (ii) by striking (including in technology areas) ; and (B) in subparagraph (B), by inserting disability, after gender . 112. Functions Section 112 ( 20 U.S.C. 9512 ) is amended— (1) in paragraph (1)— (A) by inserting (including evaluations of impact and implementation) after education evaluation ; and (B) by inserting before the semicolon the following and utilization ; and (2) in paragraph (2)— (A) by inserting , consistent with section 114(j), after disseminate ; and (B) by adding before the semicolon the following: and scientifically valid education evaluations carried out under this title . 113. Delegation Section 113 ( 20 U.S.C. 9513 ) is amended— (1) in subsection (a)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and (C) in paragraph (2), as so redesignated, by striking of the National Assessment of Educational Progress Authorization Act ; (2) in subsection (b), by striking Secretary may assign the Institute responsibility for administering and by inserting Director may accept requests from the Secretary for the Institute to administer ; and (3) by adding at the end the following: (c) Contract acquisition With respect to any contract entered into under this title, the Director shall be consulted— (1) during the procurement process; and (2) in the management of such contract’s performance, which shall be consistent with the requirements of the performance management system described in section 185. . 114. Office of the Director Section 114 ( 20 U.S.C. 9514 ) is amended— (1) in subsection (a), by striking Except as provided in subsection (b)(2), the and inserting The ; (2) in subsection (b)— (A) in paragraph (1), by inserting before the period the following: , except that if a successor to the Director has not been appointed as of the date of expiration of the Director’s term, the Director may serve for an additional 1-year period, beginning on the day after the date of expiration of the Director’s term, or until a successor has been appointed under subsection (a), whichever occurs first ; (B) by amending paragraph (2) to read as follows: (2) Reappointment A Director may be reappointed under subsection (a) for one additional term. ; and (C) in paragraph (3)— (i) in the heading, by striking Subsequent directors and inserting Recommendations ; and (ii) by striking , other than a Director appointed under paragraph (2) ; (3) in subsection (f)— (A) in paragraph (3), by inserting before the period the following: , and, as appropriate, with such research and activities carried out by public and private entities, to avoid duplicative or overlapping efforts ; (B) in paragraph (4), by inserting , and the use of evidence after statistics activities ; (C) in paragraph (5)— (i) by inserting and maintain after establish ; and (ii) by inserting and subsection (h) after section 116(b)(3) ; (D) in paragraph (7), by inserting disability, after gender ; (E) in paragraph (8), by striking historically Black colleges or universities and inserting minority-serving institutions ; (F) by amending paragraph (9) to read as follows: (9) To coordinate with the Secretary to ensure that the results of the Institute’s work are coordinated with, and utilized by, the Department’s technical assistance providers and dissemination networks. ; (G) by striking paragraphs (10) and (11); and (H) by redesignating paragraph (12) as paragraph (10); (4) by redesignating subsection (h) as subsection (i); (5) by inserting after subsection (g), the following: (h) Peer-Review system The Director shall establish and maintain a peer-review system involving highly qualified individuals, including practitioners, as appropriate, with an in-depth knowledge of the subject to be investigated, for— (1) reviewing and evaluating each application for a grant or cooperative agreement under this title that exceeds $100,000; and (2) evaluating and assessing all reports and other products that exceed $100,000 to be published and publicly released by the Institute. ; (6) in subsection (i), as so redesignated— (A) by striking the products and ; and (B) by striking certify that evidence-based claims about those products and and inserting determine whether evidence-based claims in those ; and (7) by adding at the end the following: (j) Relevance, dissemination, and utilization To ensure all activities authorized under this title are rigorous, relevant, and useful for researchers, policymakers, practitioners, and the public, the Director shall— (1) ensure such activities address significant challenges faced by practitioners, and increase knowledge in the field of education; (2) ensure that the information, products, and publications of the Institute are— (A) prepared and widely disseminated— (i) in a timely fashion; and (ii) in forms that are understandable, easily accessible, and usable, or adaptable for use in, the improvement of educational practice; and (B) widely disseminated through electronic transfer, and other means, such as posting to the Institute’s website or other relevant place; (3) promote the utilization of the information, products, and publications of the Institute, including through the use of dissemination networks and technical assistance providers, within the Institute and the Department; and (4) monitor and manage the performance of all activities authorized under this title in accordance with section 185. . 115. Priorities Section 115 ( 20 U.S.C. 9515 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking (taking into consideration long term research and development on core issues conducted through the national research and development centers) and inserting at least once every 6 years ; and (ii) by striking such as and inserting including ; (B) in paragraph (1)— (i) by inserting ensuring that all children have the ability to obtain a high-quality education, particularly ; before closing ; (ii) by striking especially achievement gaps between ; (iii) by striking nonminority children and inserting nonminority children, disabled and nondisabled children, ; (iv) by striking and between disadvantaged and inserting and disadvantaged ; and (v) by striking and at the end; (C) by striking paragraph (2); and (D) by adding at the end the following: (2) improving the quality of early childhood education; (3) improving education in elementary and secondary schools, particularly among low performing students and schools; and (4) improving access to, opportunities for, and completion of postsecondary education. ; and (2) in subsection (d), by striking by means of the Internet and inserting by electronic means such as posting in an easily accessible manner on the Institute’s website . 116. National Board for Education Sciences Section 116 ( 20 U.S.C. 9516 ) is amended— (1) in subsection (b)— (A) in paragraph (2), by striking to guide the work of the Institute and inserting and to advise, and provide input to, the Director on the activities of the Institute on an ongoing basis ; (B) in paragraph (3), by inserting under section 114(h) after procedures ; (C) in paragraph (8), by inserting disability, after gender, ; (D) in paragraph (9)— (i) by striking To solicit and inserting To ensure all activities of the Institute are relevant to education policy and practice by soliciting, on an ongoing basis, ; and (ii) by striking consistent with and inserting consistent with section 114(j) and ; (E) in paragraph (11)— (i) by inserting the Institute’s after enhance ; and (ii) by striking among other Federal and State research agencies and inserting with public and private entities to improve the work of the Institute ; and (F) by adding at the end the following: (13) To conduct the evaluations required under subsection (d). ; (2) in subsection (c)— (A) in paragraph (2)— (i) by inserting Board, before National Academy ; and (ii) by striking and the National Science Advisor and inserting the National Science Advisor, and other entities and organizations that have knowledge of individuals who are highly qualified to appraise education research, statistics, evaluations, or development. ; (B) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i), by striking , which may include those researchers recommended by the National Academy of Sciences ; (II) by redesignating clause (ii) as clause (iii); (III) by inserting after clause (i), the following: (ii) Not fewer than 2 practitioners who are knowledgeable about the education needs of the United States, who may include school based professional educators, teachers, school leaders, local educational agency superintendents, and members of local boards of education or Bureau-funded school boards. ; and (IV) in clause (iii), as so redesignated— (aa) by striking school based professional educators, ; (bb) by striking local educational agency superintendents, ; (cc) by striking principals, ; (dd) by striking or local ; and (ee) by striking or Bureau-funded school boards ; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by inserting beginning on the date of appointment of the member after 4 years, ; (II) by striking clause (i); (III) by redesignating clause (ii) as clause (i); (IV) in clause (i), as so redesignated, by striking the period and inserting ; and ; and (V) by adding at the end the following: (ii) in a case in which a successor to a member has not been appointed as of the date of expiration of the member’s term, the member may serve for an additional 1-year period, beginning on the day after the date of expiration of the member’s term, or until a successor has been appointed under paragraph (1), whichever occurs first. ; (iii) by striking subparagraph (C); and (iv) by redesignating subparagraph (D) as subparagraph (C); and (C) in paragraph (8)— (i) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; (ii) by inserting before subparagraph (B), as so redesignated, the following: (A) In general In the exercise of its duties under section 116(b) and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Board shall be independent of the Director and the other offices and officers of the Institute. ; (iii) in subparagraph (B), as so redesignated, by inserting before the period at the end the following: for a term of not more than 6 years, and who may be reappointed by the Board for 1 additional term of not more than 6 years ; and (iv) by adding at the end the following: (G) Subcommittees The Board may establish standing or temporary subcommittees to make recommendations to the Board for carrying out activities authorized under this title. ; (3) by striking subsection (d); (4) by redesignating subsection (e) as subsection (d); (5) in subsection (d), as so redesignated— (A) in the subsection heading, by striking Annual and inserting Evaluation ; (B) by striking The Board and inserting the following: (1) In general The Board ; (C) by striking not later than July 1 of each year, a and inserting and make widely available to the public (including by electronic means such as posting in an easily accessible manner on the Institute’s website), a triennial ; and (D) by adding at the end the following: (2) Requirements An evaluation report described in paragraph (1) shall include— (A) subject to paragraph (3), an evaluation of the activities authorized for each of the National Education Centers, which— (i) uses the performance management system described in section 185; and (ii) is conducted by an independent entity; (B) a review of the Institute to ensure its work, consistent with the requirements of section 114(j), is timely, rigorous, and relevant; (C) any recommendations regarding actions that may be taken to enhance the ability of the Institute and the National Education Centers to carry out their priorities and missions; and (D) a summary of the major research findings of the Institute and the activities carried out under section 113(b) during the 3 preceding fiscal years. (3) National Center for Education Evaluation and Regional Assistance With respect to the National Center for Education Evaluation and Regional Assistance, an evaluation report described in paragraph (1) shall contain— (A) an evaluation described in paragraph (2)(A) of the activities authorized for such Center, except for the regional educational laboratories established under section 174; and (B) a summative or interim evaluation, whichever is most recent, for each such laboratory conducted under section 174(i) on or after the date of enactment of the Strengthening Education through Research Act or, in a case in which such an evaluation is not available for a laboratory, the most recent evaluation for the laboratory conducted prior to the date of enactment of the Strengthening Education through Research Act . ; and (6) by striking subsection (f). 117. Commissioners of the National Education Centers Section 117 ( 20 U.S.C. 9517 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking Except as provided in subsection (b), each and inserting Each ; (B) in paragraph (2)— (i) by striking Except as provided in subsection (b), each and inserting Each ; and (ii) by inserting , statistics, after research ; and (C) in paragraph (3), by striking Except as provided in subsection (b), each and inserting Each ; (2) by striking subsection (b); (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (4) in subsection (c), as so redesignated, by striking , except the Commissioner for Education Statistics, . 118. Transparency (a) In general Section 119 ( 20 U.S.C. 9519 ) is amended to read as follows: 119. Transparency Not later than 120 days after awarding a grant, contract, or cooperative agreement under this title in excess of $100,000, the Director shall make publicly available (including through electronic means such as posting in an easily accessible manner on the Institute’s website) a description of the grant, contract, or cooperative agreement, including, at a minimum, the amount, duration, recipient, and the purpose of the grant, contract, or cooperative agreement. . (b) Conforming amendment The table of contents in section 1 of the Act of November 5, 2002 ( Public Law 107–279 ; 116 Stat. 1940) is amended by striking the item relating to section 119 and inserting the following: Sec. 119. Transparency. . 119. Competitive awards Section 120 ( 20 U.S.C. 9520 ) is amended by striking when practicable and inserting consistent with section 114(h) . B National Center for Education Research 131. Establishment Section 131(b) ( 20 U.S.C. 9531(b) ) is amended— (1) by amending paragraph (1) to read as follows: (1) to sponsor sustained research that will lead to the accumulation of knowledge and understanding of education, consistent with the priorities described in section 115; ; (2) by striking and at the end of paragraph (3); (3) in paragraph (4), by striking the period and inserting ; and ; and (4) by adding at the end the following: (5) consistent with section 114(j), to widely disseminate and promote utilization of the work of the Research Center. . 132. Duties Section 133 ( 20 U.S.C. 9533 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking peer review standards and ; (B) by striking paragraph (2); (C) by redesignating paragraph (3) as paragraph (2); (D) by striking paragraph (4); (E) by redesignating paragraphs (5) through (9) as paragraphs (3) through (7), respectively; (F) in paragraph (3), as so redesignated, by inserting in the implementation of programs carried out by the Department and other agencies before within the Federal Government ; (G) in paragraph (5), as so redesignated, by striking disseminate, through the National Center for Education Evaluation and Regional Assistance, and inserting widely disseminate, consistent with section 114(j), ; (H) in paragraph (6), as so redesignated— (i) by striking Director and inserting Board ; and (ii) by striking of a biennial report, as described in section 119 and inserting and dissemination of each evaluation report under section 116(d) ; (I) by redesignating paragraphs (10) and (11) as paragraphs (9) and (10), respectively; (J) by inserting after paragraph (7), as so redesignated, the following: (8) to the extent time and resources allow, when findings from previous research under this part provoke relevant follow up questions, carry out research initiatives on such follow up questions; ; (K) by amending paragraph (9), as so redesignated, to read as follows: (9) carry out research initiatives, including rigorous, peer-reviewed, large-scale, long-term, and broadly applicable empirical research, regarding the impact of technology on education, including online education and hybrid learning; ; (L) in paragraph (10), as so redesignated, by striking the period and inserting ; and ; and (M) by adding at the end the following: (11) to the extent feasible, carry out research on the quality of implementation of practices and strategies determined to be effective through scientifically valid research. ; (2) by amending subsection (b) to read as follows: (b) Plan The Research Commissioner shall propose to the Director and, subject to the approval of the Director, implement a research plan for the activities of the Research Center that— (1) is consistent with the priorities and mission of the Institute and the mission of the Research Center described in section 131(b), and includes the activities described in subsection (a); (2) is carried out and, as appropriate, updated and modified, including through the use of the results of the Research Center’s most recent evaluation report under section 116(d); (3) describes how the Research Center will use the performance management system described in section 185 to assess and improve the activities of the Center; (4) meets the procedures for peer review established and maintained by the Director under section 114(f)(5) and the standards of research described in section 134; and (5) includes both basic research and applied research, which shall include research conducted through field-initiated research and ongoing research initiatives. ; (3) by redesignating subsection (c) as subsection (d); (4) by inserting after subsection (b), as so amended, the following: (c) Grants, contracts, and cooperative agreements (1) In general The Research Commissioner may award grants to, or enter into contracts or cooperative agreements, with eligible applicants to carry out research under subsection (a). (2) Eligibility For purposes of this subsection, the term eligible applicant means an applicant that has the ability and capacity to conduct scientifically valid research. (3) Applications (A) In general An eligible applicant that wishes to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Research Commissioner at such time, in such manner, and containing such information as the Research Commissioner may require. (B) Content An application submitted under subparagraph (A) shall describe how the eligible applicant will address and demonstrate progress on the requirements of the performance management system described in section 185, with respect to the activities that will be carried out under the grant, contract, or cooperative agreement. ; and (5) in subsection (d), as redesignated by paragraph (3)— (A) by amending paragraph (1) to read as follows: (1) Support In carrying out activities under subsection (a)(2), the Research Commissioner shall support national research and development centers that address topics of importance and relevance in the field of education across the country and are consistent with the Institute’s priorities under section 115. ; (B) by striking paragraphs (2), (3), and (5); (C) by redesignating paragraphs (4), (6), and (7) as paragraphs (2), (3), and (4), respectively; (D) by amending paragraph (2), as so redesignated— (i) in the matter preceding subparagraph (A), by striking 5 additional and inserting 2 additional ; (ii) in subparagraph (B), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (C) demonstrates progress on the requirements of the performance management system described in section 185. ; (E) in paragraph (3), as so redesignated, by striking paragraphs (4) and (5) and inserting paragraph (2) ; and (F) by amending paragraph (4), as so redesignated, to read as follows: (4) Disaggregation To the extent feasible and when relevant to the research being conducted, research conducted under this subsection shall be disaggregated and cross-tabulated by age, race, gender, disability status, English learner status, and socioeconomic background. . 133. Standards for conduct and evaluation of research Section 134 ( 20 U.S.C. 9534 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking based and inserting valid ; and (B) in paragraph (2), by striking and wide dissemination activities and inserting and, consistent with section 114(j), wide dissemination and utilization activities ; (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b). C National Center for Education Statistics 151. Establishment Section 151(b) ( 20 U.S.C. 9541(b) ) is amended— (1) in paragraph (2), by inserting and consistent with the privacy protections under section 183 after manner ; and (2) in paragraph (3)— (A) in subparagraph (A), by inserting disability, after cultural, ; and (B) by amending subparagraph (B) to read as follows: (B) consistent with section 114(j), is relevant, timely, and widely disseminated. . 152. Duties Section 153 ( 20 U.S.C. 9543 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting , consistent with the privacy protections under section 183, after Center shall ; (B) in paragraph (1)— (i) by amending subparagraph (D) to read as follows: (D) secondary school graduation and completion rates, including the four-year adjusted cohort graduation rate (as defined in section 200.19(b)(1)(i)(A) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008) and the extended-year adjusted cohort graduation rate (as defined in section 200.19(b)(1)(v)(A) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008), and school dropout rates, and adult literacy; ; (ii) in subparagraph (E), by striking and opportunity for, and inserting opportunity for, and completion of ; (iii) by amending subparagraph (F) to read as follows: (F) teaching, including information on pre-service preparation, professional development, teacher distribution, and teacher and school leader evaluation; ; (iv) in subparagraph (G), by inserting and school leaders before the semicolon; (v) in subparagraph (H), by inserting , climate, and in- and out-of-school suspensions and expulsions before , including information regarding ; (vi) by amending subparagraph (K) to read as follows: (K) the access to, and use of, technology to improve elementary schools and secondary schools; ; (vii) in subparagraph (L), by striking and opportunity for, and inserting opportunity for, and quality of ; (viii) in subparagraph (M), by striking such programs during school recesses and inserting summer school ; and (ix) in subparagraph (N), by striking vocational and inserting career ; (C) in paragraph (3), by striking when such disaggregated information will facilitate educational and policy decisionmaking and inserting so long as any reported information does not reveal individually identifiable information ; (D) in paragraph (4), by inserting before the semicolon the following: , and the implementation (with the assistance of the Department and other Federal officials who have statutory authority to provide assistance on applicable privacy laws, regulations, and policies) of appropriate privacy protections ; (E) in paragraph (5), by striking promote linkages across States, ; (F) in paragraph (6)— (i) by striking Third and inserting Trends in ; and (ii) by inserting and the Program for International Student Assessment after Science Study ; (G) in paragraph (7), by inserting before the semicolon the following: , ensuring such collections protect student privacy consistent with section 183 ; (H) by amending paragraph (8) to read as follows: (8) assisting the Board in the preparation and dissemination of each evaluation report under section 116(d); and ; and (I) by striking paragraph (9); (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Plan The Statistics Commissioner shall propose to the Director and, subject to the approval of the Director, implement a plan for activities of the Statistics Center that— (1) is consistent with the priorities and mission of the Institute and the mission of the Statistics Center described in section 151(b); (2) is carried out and, as appropriate, updated and modified, including through the use of the results of the Statistic Center’s most recent evaluation report under section 116(d); and (3) describes how the Statistics Center will use the performance management system described in section 185 to assess and improve the activities of the Center. . 153. Performance of duties Section 154 ( 20 U.S.C. 9544 ) is amended— (1) in subsection (a)— (A) by striking In carrying and inserting the following: (1) In general In carrying ; and (B) by adding at the end the following: (2) Applications (A) In general An entity that wishes to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Statistics Commissioner at such time, in such manner, and containing such information as the Statistics Commissioner may require. (B) Contents An application submitted under subparagraph (A) shall describe how the entity will address and demonstrate progress on the requirements of the performance management system described in section 185, with respect to the activities that will be carried out under the grant, contract, or cooperative agreement. ; (2) in subsection (b)(2)(A), by striking vocational and and inserting career and technical education programs, ; and (3) in subsection (c), by striking 5 years the second place it appears and inserting 2 years if the recipient demonstrates progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under the grant, contract, or cooperative agreement received under this section . 154. Reports Section 155 ( 20 U.S.C. 9545 ) is amended— (1) in subsection (a), by inserting (consistent with section 114(h)) after review ; and (2) in subsection (b), by striking 2003 and inserting 2015 . 155. Dissemination Section 156 ( 20 U.S.C. 9546 ) is amended— (1) in subsection (c), by adding at the end the following: Such projects shall adhere to student privacy requirements under section 183. ; and (2) in subsection (e)— (A) in paragraph (1), by adding at the end the following: Before receiving access to educational data under this paragraph, a Federal agency shall describe to the Statistics Center the specific research intent for use of the data, how access to the data may meet such research intent, and how the Federal agency will protect the confidentiality of the data consistent with the requirements of section 183. ; (B) in paragraph (2)— (i) by inserting and consistent with section 183, after may prescribe ; and (ii) by adding at the end the following: Before receiving access to data under this paragraph, an interested party shall describe to the Statistics Center the specific research intent for use of the data, how access to the data may meet such research intent, and how the party will protect the confidentiality of the data consistent with the requirements of section 183. ; and (C) by adding at the end the following: (3) Denial authority The Statistics Center shall have the authority to deny any requests for access to data under paragraph (1) or (2) for any scientific deficiencies in the proposed research design or research intent for use of the data, or if the request would introduce risk of a privacy violation or misuse of data. . 156. Cooperative education statistics systems (a) In general Section 157 ( 20 U.S.C. 9547 ) is amended— (1) in the heading, by striking systems and inserting partnerships ; (2) by striking national cooperative education statistics systems and inserting cooperative education statistics partnerships ; (3) by striking producing and maintaining, with the cooperation and by inserting reviewing and improving, with the voluntary participation ; (4) by striking comparable and uniform and inserting data quality standards, which may include establishing voluntary guidelines to standardize ; (5) by striking adult education, and libraries, and inserting and adult education ; and (6) by adding at the end the following: No student data shall be collected by the partnerships established under this section, nor shall such partnerships establish a national student data system. . (b) Conforming amendment The table of contents in section 1 of the Act of November 5, 2002 ( Public Law 107–279 ; 116 Stat. 1940) is amended by striking the item relating to section 157 and inserting the following: Sec. 157. Cooperative education statistics partnerships. . D National Center for Education Evaluation and Regional Assistance 171. Establishment Section 171 ( 20 U.S.C. 9561 ) is amended— (1) in subsection (b)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) in paragraph (1), as so redesignated, by striking of such programs and all that follows through science) and inserting and to evaluate the implementation of such programs ; and (D) in paragraph (2), as so redesignated, by striking and wide dissemination of results of and inserting and, consistent with section 114(j), the wide dissemination and utilization of results of all ; and (2) by striking subsection (c). 172. Commissioner for Education Evaluation and Regional Assistance Section 172 ( 20 U.S.C. 9562 ) is amended— (1) in subsection (a)— (A) by amending paragraph (2) to read as follows: (2) widely disseminate, consistent with section 114(j), all information on scientifically valid research and statistics supported by the Institute and all scientifically valid education evaluations supported by the Institute, particularly to State educational agencies and local educational agencies, to institutions of higher education, to the public, the media, voluntary organizations, professional associations, and other constituencies, especially with respect to the priorities described in section 115; ; (B) in paragraph (3), by inserting , consistent with section 114(j) after timely, and efficient manner ; (C) in paragraph (4)— (i) by striking development and dissemination and inserting development, dissemination, and utilization ; and (ii) by striking the provision of technical assistance, ; (D) in paragraph (5), by inserting and after the semicolon; (E) in paragraph (6)— (i) by striking Director and inserting Board ; (ii) by striking preparation of a biennial report and inserting preparation and dissemination of each evaluation report ; and (iii) by striking 119; and and inserting 116(d). ; and (F) by striking paragraph (7); (2) in subsection (b)(1)— (A) by inserting all before information disseminated ; and (B) by striking , which may include and all that follows through of this Act) ; (3) by striking subsection (c) and redesignating subsection (d) as subsection (e); (4) by inserting after subsection (b) the following: (c) Plan The Evaluation and Regional Assistance Commissioner shall propose to the Director and, subject to the approval of the Director, implement a plan for the activities of the National Center for Education Evaluation and Regional Assistance that— (1) is consistent with the priorities and mission of the Institute and the mission of the Center described in section 171(b); (2) is carried out and, as appropriate, updated and modified, including through the use of the results of the Center’s most recent evaluation report under section 116(d); and (3) describes how the Center will use the performance management system described in section 185 to assess and improve the activities of the Center. (d) Grants, contracts, and cooperative agreements (1) In general In carrying out the duties under this part (except for section 174), the Evaluation and Regional Assistance Commissioner may— (A) award grants, contracts, or cooperative agreements to eligible entities to carry out the activities under this part (except for section 174); and (B) provide technical assistance. (2) Entities to conduct evaluations In awarding grants, contracts, or cooperative agreements under paragraph (1) to carry out activities under section 173, the Evaluation and Regional Assistance Commissioner shall make such awards to eligible entities with the ability and capacity to conduct scientifically valid education evaluations. (3) Applications (A) In general An eligible entity that wishes to receive a grant, contract, or cooperative agreement under paragraph (1) shall submit an application to the Evaluation and Regional Assistance Commissioner at such time, in such manner, and containing such information as the Commissioner may require. (B) Contents An application submitted under subparagraph (A) shall describe how the eligible entity will address and demonstrate progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under such grant, contract, or cooperative agreement. (4) Duration Notwithstanding any other provision of law, the grants, contracts, and cooperative agreements under paragraph (1) may be awarded, on a competitive basis, for a period of not more than 5 years, and may be renewed at the discretion of the Evaluation and Regional Assistance Commissioner for an additional period of not more than 2 years if the recipient demonstrates progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under the grant, contract, or cooperative agreement. ; and (5) in subsection (e), as so redesignated— (A) in paragraph (1), by striking There is established and all that follows through Regional Assistance and inserting The Evaluation and Regional Assistance Commissioner may establish ; (B) in paragraph (2)(A), by inserting all before products ; and (C) in paragraph (2)(B)(ii), by striking 2002 and all that follows through the period and inserting 2002. . 173. Evaluations Section 173 ( 20 U.S.C. 9563 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking may and inserting shall ; (ii) in subparagraph (A), by striking evaluations and inserting high-quality evaluations, including impact evaluations that use rigorous methodologies that permit the strongest possible causal inferences, ; (iii) in subparagraph (B), by inserting before the semicolon at the end the following: , including programs under part A of such title ( 20 U.S.C. 6311 et seq. ) ; (iv) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); (v) by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (D); and (vi) by inserting after subparagraph (D), as so redesignated, the following: (E) provide evaluation findings in an understandable, easily accessible, and usable format to support program improvement; (F) support the evaluation activities described in section 401 of the Strengthening Education through Research Act that are carried about by the Director; and (G) to the extent feasible— (i) examine evaluations conducted or supported by others to determine the quality and relevance of the evidence of effectiveness generated by those evaluations, with the approval of the Director; (ii) review and supplement Federal education program evaluations, particularly such evaluations by the Department, to determine or enhance the quality and relevance of the evidence generated by those evaluations; (iii) conduct implementation evaluations that promote continuous improvement and inform policymaking; (iv) evaluate the short- and long-term effects and cost efficiencies across programs assisted or authorized under Federal law and administrated by the Department; and (v) synthesize the results of evaluation studies for and across Federal education programs, policies, and practices. ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period and inserting under section 114(h); and ; and (iii) by adding at the end the following: (C) be widely disseminated, consistent with section 114(j). ; and (2) in subsection (b), by striking contracts and inserting grants, contracts, or cooperative agreements . 174. Regional educational laboratories for research, development, dissemination, and evaluation (a) In general Section 174 ( 20 U.S.C. 9564 ) is amended— (1) in the section heading by striking technical assistance and inserting evaluation ; (2) in subsection (a)— (A) by striking contracts and inserting grants, contracts, or cooperative agreements ; and (B) by inserting not more than before 10 regional ; (3) in subsection (c)— (A) by striking The Director and inserting the following: (1) In general The Director ; (B) by striking contracts under this section with research organizations, institutions, agencies, institutions of higher education, and inserting grants, contracts, or cooperative agreements under this section with public or private, nonprofit or for-profit research organizations, other organizations, or institutions of higher education, ; (C) by striking or individuals, ; (D) by striking , including regional entities and all that follows through 107–110)) ; and (E) by adding at the end the following: (2) Definition For purposes of this section, the term eligible applicant means an entity described in paragraph (1). ; (4) by striking subsections (d) through (j) and inserting the following: (d) Applications (1) Submission (A) In general Each eligible applicant desiring a contract grant, contract, or cooperative agreement under this section shall submit an application at such time, in such manner, and containing such information as the Director may reasonably require. (B) Input To ensure that applications submitted under this paragraph are reflective of the needs of the regions to be served, each eligible applicant submitting such an application shall seek input from State educational agencies and local educational agencies in the region that the award will serve, and other individuals with knowledge of the region’s needs. Such individuals may include members of the regional advisory committee for the region under section 206(a). (2) Plan (A) In general Each application submitted under paragraph (1) shall contain a plan for the activities of the regional educational laboratory to be established under this section, which shall be updated, modified, and improved, as appropriate, on an ongoing basis, including by using the results of the laboratory’s interim evaluation under subsection (i)(3). (B) Contents A plan described in subparagraph (A) shall address— (i) the priorities for applied research, development, evaluations, and wide dissemination established under section 207; (ii) the needs of State educational agencies and local educational agencies, on an ongoing basis, using available State and local data, including the relevant results of the region’s assessment under section 206(e); and (iii) if available, demonstrated support from State educational agencies and local educational agencies in the region, such as letters of support or signed memoranda of understanding. (3) Non-Federal support In conducting a competition for grants, contracts, or cooperative agreements under subsection (a), the Director shall give priority to eligible applicants that will provide a portion of non-Federal funds to maximize support for activities of the regional educational laboratories to be established under this section. (e) Awarding grants, contracts, or cooperative agreements (1) Assurances In awarding grants, contracts, or cooperative agreements under this section, the Director shall— (A) make such an award for not more than a 5-year period; (B) ensure that regional educational laboratories established under this section have strong and effective governance, organization, management, and administration, and employ qualified staff; and (C) ensure that each such laboratory has the flexibility to respond in a timely fashion to the needs of the laboratory’s region, including— (i) through using the results of the laboratory’s interim evaluation under subsection (i)(3) to improve and modify the activities of the laboratory before the end of the award period; and (ii) through sharing preliminary results of the laboratory’s research, as appropriate, to increase the relevance and usefulness of the research. (2) Coordination To ensure coordination and prevent unnecessary duplication of activities among the regions, the Evaluation and Regional Assistance Commissioner shall— (A) share information about the activities of each regional educational laboratory with each other regional educational laboratory, the Department, the Director, and the National Board for Education Sciences; (B) ensure, where appropriate, that the activities of each regional educational laboratory established under this section also serve national interests; (C) ensure each such regional educational laboratory establishes strong partnerships among practitioners, policymakers, researchers, and others, so that such partnerships are continued in the absence of Federal support; and (D) enable, where appropriate, for such a laboratory to work in a region being served by another laboratory or to carry out a project that extends beyond the region served by the laboratory. (3) Collaboration with technical assistance providers Each regional educational laboratory established under this section shall, on an ongoing basis, coordinate its activities, collaborate, and regularly exchange information with the comprehensive centers (established in section 203) in the region in which the center is located, and with comprehensive centers located outside of its region, as appropriate. (4) Outreach (A) In general In conducting competitions for grants, contracts, or cooperative agreements under this section, the Director shall— (i) by making information and technical assistance relating to the competition widely available, actively encourage eligible applicants to compete for such an award; and (ii) seek input from the chief executive officers of States, chief State school officers, educators, parents, superintendents, and other individuals with knowledge of the needs of the regions to be served by the awards, regarding— (I) the needs in the regions for applied research, evaluation, development, and wide-dissemination activities authorized by this title; and (II) how such needs may be addressed most effectively. (B) Regional advisory committees The individuals described in subparagraph (A)(ii) may include members of the regional advisory committees established under section 206(a). (5) Performance management Before awarding a grant, contract, or cooperative agreement under this section, the Director shall establish measurable performance indicators for assessing the ongoing progress and performance of the regional educational laboratories established with such awards that address— (A) the requirements of the performance management system described in section 185; and (B) the relevant results of the regional assessments under section 206(e). (6) Standards The Evaluation and Regional Assistance Commissioner shall adhere to the Institute’s system for technical and peer review under section 114(h) in reviewing the applied research activities and research-based reports of the regional educational laboratories. (7) Required consideration In determining whether to award a grant, contract, or cooperative agreement under this section to an eligible applicant that previously established a regional educational laboratory under this section, the Secretary shall consider the results of such laboratory’s summative evaluation under subsection (i)(2). (f) Mission Each regional educational laboratory established under this section shall— (1) conduct applied research, development, and evaluation activities with State educational agencies, local educational agencies, and, as appropriate, schools funded by the Bureau; (2) widely disseminate such work, consistent with section 114(j); and (3) develop the capacity of State educational agencies, local educational agencies, and, as appropriate, schools funded by the Bureau to carry out the activities described in paragraphs (1) and (2). (g) Activities To carry out the mission described in subsection (f), each regional educational laboratory established under this section shall carry out the following activities: (1) Conduct, widely disseminate, and promote utilization of applied research, development activities, evaluations, and other scientifically valid research. (2) Develop and improve the plan for the laboratory under subsection (d)(2) for serving the region of the laboratory, and as appropriate, national needs, on an ongoing basis, which shall include seeking input and incorporating feedback from the representatives of State educational agencies and local educational agencies in the region, and other individuals with knowledge of the region’s needs. Such representatives and other individuals may include members of the regional advisory committee for the region established under section 206(a). (3) Ensure research and related products are relevant and responsive to the needs of the region, including by using the relevant results of the region’s assessment under section 206(e). (h) Governing board (1) In general Each regional educational laboratory established under this section may establish a governing board to improve the management of activities that the laboratory carries out under this section. (2) Board duties A Board established under paragraph (1) shall coordinate and align its work with the work of the regional advisory committee for the region established under section 206. (i) Evaluations (1) In general The Evaluation and Regional Assistance Commissioner shall— (A) provide for ongoing summative and interim evaluations described in paragraphs (2) and (3), respectively, of each of the regional educational laboratories established under this section in carrying out the full range of duties described in this section; and (B) transmit the results of such evaluations, through appropriate means, to the appropriate congressional committees, the Director, and the public. (2) Summative evaluations The Evaluation and Regional Assistance Commissioner shall ensure each regional educational laboratory established under this section is evaluated by an independent entity at the end of the period of the grant, contract, or cooperative agreement that established such laboratory, which shall— (A) be completed in a timely fashion; (B) assess how well the laboratory is meeting the measurable performance indicators established under subsection (e)(5) ; and (C) consider the extent to which the laboratory ensures that the activities of such laboratory are relevant and useful to the work of State and local practitioners and policymakers. (3) Interim evaluations The Evaluation and Regional Assistance Commissioner shall ensure each regional educational laboratory established under this section is evaluated at the midpoint of the period of the grant, contract, or cooperative agreement that established such laboratory, which shall— (A) assess how well such laboratory is meeting the performance indicators described in subsection (e)(5) ; and (B) be used to improve the effectiveness of such laboratory in carrying out its plan under subsection (d)(2). (j) Continuation of awards; Recompetition (1) Continuation of awards The Director shall continue awards made to each eligible applicant for the support of regional educational laboratories established under this section prior to the date of enactment of the Strengthening Education through Research Act , as such awards were in effect on the day before the date of enactment of the Strengthening Education through Research Act , for the duration of those awards, in accordance with the terms and agreements of such awards. (2) Recompetition Not later than the end of the period of the awards described in paragraph (1), the Director shall— (A) hold a competition to make grants, contracts, or cooperative agreements under this section to eligible applicants, which may include eligible applicants that held awards described in paragraph (1); and (B) in determining whether to select an eligible applicant that held an award described in paragraph (1) for an award under subparagraph (A) of this paragraph, consider the results of the summative evaluation under subsection (i)(2) of the laboratory established with the eligible applicant’s award described in paragraph (1). ; (5) by striking subsection (l); (6) by redesignating subsections (m), (n), and (o) as subsections (l), (m), and (n), respectively; (7) in subsection (l), as so redesignated, by inserting and local after achieve State ; (8) by amending subsection (m), as so redesignated, to read as follows: (m) Annual report Each regional educational laboratory established under this section shall submit to the Evaluation and Regional Assistance Commissioner an annual report containing such information as the Commissioner may require, but which shall include, at a minimum, the following: (1) A summary of the laboratory’s activities and products developed during the previous year. (2) A listing of the State educational agencies, local educational agencies, and schools the laboratory assisted during the previous year. (3) Using the measurable performance indicators established under subsection (e)(5), a description of how well the laboratory is meeting educational needs of the region served by the laboratory. (4) Any changes to the laboratory’s plan under subsection (d)(2) to improve its activities in the remaining years of the grant, contract, or cooperative agreement. ; and (9) by adding at the end the following new subsection: (o) Appropriations reservation Of the amounts appropriated under section 194(a), the Director shall reserve 16.13 percent of such funds to carry out this section, of which the Director shall use not less than 25 percent to serve rural areas (including schools funded by the Bureau which are located in rural areas). . (b) Conforming amendment The table of contents in section 1 of the Act of November 5, 2002 ( Public Law 107–279 ; 116 Stat. 1940) is amended by striking the item relating to section 174 and inserting the following: Sec. 174. Regional educational laboratories for research, development, dissemination, and evaluation. . E National Center for Special Education Research 175. Establishment Section 175(b) ( 20 U.S.C. 9567(b) ) is amended— (1) in paragraph (1), by striking and children and inserting children, and youth ; (2) in paragraph (2), by striking and at the end; (3) in paragraph (3), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (4) to promote quality and integrity through the use of accepted practices of scientific inquiry to obtain knowledge and understanding of the validity of education theories, practices, or conditions with respect to special education research and evaluation described in paragraphs (1) through (3); and (5) to promote scientifically valid research findings in special education that may provide the basis for improving academic instruction and lifelong learning. . 176. Commissioner for Special Education Research Section 176 ( 20 U.S.C. 9567a ) is amended by inserting and youth after children . 177. Duties Section 177 ( 20 U.S.C. 9567b ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by inserting and youth after children ; (B) in paragraph (2), by striking scientifically based educational practices and inserting educational practices, including the use of technology based on scientifically valid research, ; (C) in paragraph (4), by striking based and inserting valid ; (D) in paragraph (10), by inserting before the semicolon the following: , including how secondary school credentials are related to postsecondary and employment outcomes ; (E) by redesignating paragraphs (11) through (15) and paragraphs (16) and (17) as paragraphs (12) through (16), respectively, and paragraphs (18) and (19), respectively; (F) by inserting after paragraph (10), the following: (11) examine the participation and outcomes of students with disabilities in secondary and postsecondary career and technical education programs; ; (G) in paragraph (14), as so redesignated, by inserting and professional development after preparation ; (H) in paragraph (16), as so redesignated, by striking help parents and inserting examine the methods by which parents may ; (I) by inserting after paragraph (16), as so redesignated, the following: (17) assist the Board in the preparation and dissemination of each evaluation report under section 116(d); ; (J) in paragraph (18), as so redesignated, by striking and at the end; (K) by amending paragraph (19) to read as follows: (19) examine the needs of children with disabilities who are English Learners, gifted and talented, or who have other unique learning needs; and ; and (L) by adding at the end the following: (20) examine innovations in the field of special education, such as multi-tiered systems of support. ; (2) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by inserting for the activities of the Special Education Research Center after research plan ; and (ii) by inserting and, subject to the approval of the Director, implement such plan after Services ; (B) in paragraph (1), by inserting described in section 175(b) after Center ; (C) by amending paragraph (2) to read as follows: (2) is carried out, and, as appropriate, updated and modified, including by using the results of the Special Education Research Center’s most recent evaluation report under section 116(d); ; (D) by striking paragraph (5); (E) by redesignating paragraphs (3), (4), and (6) as paragraphs (4), (5), and (7), respectively; (F) by inserting after paragraph (2), as so amended, the following: (3) provides for research that addresses significant questions of practice where such research is lacking; ; (G) in paragraph (5), as so redesignated, by striking and types of children with and inserting , student subgroups, and types of ; and (H) by inserting after paragraph (5), as so redesignated and amended, the following: (6) describes how the Special Education Research Center will use the performance management system described in section 185 to assess and improve the activities of the Center; and ; (3) in subsection (d)— (A) in paragraph (1), by striking Director and inserting Special Education Research Commissioner ; (B) by amending paragraph (3) to read as follows: (3) Applications (A) In general An eligible applicant that wishes to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Special Education Research Commissioner at such time, in such manner, and containing such information as the Special Education Research Commissioner may require. (B) Contents An application submitted under subparagraph (A) shall describe how the eligible applicant will address and demonstrate progress on the requirements of the performance management system described in section 185, with respect to the activities that will be carried out under such grant, contract, or cooperative agreement. ; and (C) by adding at the end the following: (4) Duration Notwithstanding any other provision of law, the grants, contracts, and cooperative agreements under this section may be awarded, on a competitive basis, for a period of not more than 5 years, and may be renewed at the discretion of the Special Education Research Commissioner for an additional period of not more than 2 years if the recipient demonstrates progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under the grant, contract, or cooperative agreement received under this section. ; (4) by amending subsection (e) to read as follows: (e) Dissemination The Special Education Research Center shall synthesize and, consistent with section 114(j), widely disseminate and promote utilization of the findings and results of special education research conducted or supported by the Special Education Research Center. ; and (5) in subsection (f), by striking part such sums as may be necessary for each of fiscal years 2005 through 2010 and inserting part— (1) for fiscal year 2015, $54,000,000; (2) for fiscal year 2016, $54,108,000; (3) for fiscal year 2017, $55,298,376; (4) for fiscal year 2018, $56,625,537; (5) for fiscal year 2019, $58,154,426; and (6) for fiscal year 2020, $65,645,169. . F General provisions 182. Prohibitions Section 182 ( 20 U.S.C. 9572 ) is amended— (1) in subsection (b)— (A) by striking or control and inserting control, or coerce ; and (B) by inserting specific academic standards or assessments, after the curriculum, ; and (2) in subsection (c)— (A) by inserting coerce, after approve, ; and (B) by striking an elementary school or secondary school and inserting early education, or in an elementary school, secondary school, or institution of higher education . 183. Confidentiality Section 183 ( 20 U.S.C. 9573 ) is amended— (1) in subsection (b)— (A) by striking their families, and information with respect to individual schools, and inserting and their families ; and (B) by inserting before the period the following: , and that any disclosed information with respect to individual schools not reveal such individually identifiable information ; (2) in subsection (d)(2), by inserting , including voluntary and uncompensated services under section 190 after providing services ; and (3) in subsection (e)(1), in the matter preceding subparagraph (A), by inserting and Director after Secretary . 184. Availability of data Section 184 ( 20 U.S.C. 9574 ) is amended by striking use of the Internet and inserting electronic means, such as posting to the Institute’s website in an easily accessible manner . 185. Performance management Section 185 ( 20 U.S.C. 9575 ) is amended to read as follows: 185. Performance management The Director shall establish a system for managing the performance of all activities authorized under this title to promote continuous improvement of the activities and to ensure the effective use of Federal funds by— (1) developing and using measurable performance indicators, including timelines, to evaluate and improve the effectiveness of the activities; (2) using the performance indicators described in paragraph (1) to inform funding decisions, including the awarding and continuation of all grants, contracts, and cooperative agreements under this title; (3) establishing and improving formal feedback mechanisms to— (A) anticipate and meet stakeholder needs; and (B) incorporate, on an ongoing basis, the feedback of such stakeholders into the activities authorized under this title; and (4) promoting the wide dissemination and utilization, consistent with section 114(j), of all information, products, and publications of the Institute. . 186. Authority to publish Section 186(b) ( 20 U.S.C. 9576(b) ) is amended by striking any information to be published under this section before publication and inserting publications under this section before the public release of such publications . 187. Repeals (a) Repeals Sections 187 ( 20 U.S.C. 9577 ) and 193 ( 20 U.S.C. 9583 ) are repealed. (b) Conforming amendments The table of contents in section 1 of the Act of November 5, 2002 ( Public Law 107–279 ; 116 Stat. 1940) is amended by striking the items relating to sections 187 and 193. 188. Fellowships Section 189 ( 20 U.S.C. 9579 ) is amended— (1) by inserting and the mission of each National Education Center authorized under this title, after related to education ; and (2) by striking historically Black colleges and universities and inserting minority-serving institutions . 189. Authorization of appropriations Section 194 ( 20 U.S.C. 9584 ) is amended— (1) by amending subsection (a) to read as follows: (a) In general There are authorized to be appropriated to administer and carry out this title (except part E)— (1) for fiscal year 2015, $337,343,000; (2) for fiscal year 2016, $338,017,686; (3) for fiscal year 2017, $345,454,075; (4) for fiscal year 2018, $353,744,974; (5) for fiscal year 2019, $363,296,087; and (6) for fiscal year 2020, $368,745,528. ; and (2) by striking subsection (b) and inserting the following: (b) Reservations Of the amounts appropriated under subsection (a) for each fiscal year— (1) not less than the amount provided to the National Center for Education Statistics (as such Center was in existence on the day before the date of enactment of the Strengthening Education through Research Act ) for fiscal year 2014 shall be provided to the National Center for Education Statistics, as authorized under part C; and (2) not more than the lesser of 2 percent of such funds or $2,000,000 shall be made available to carry out section 116 (relating to the National Board for Education Sciences). . II EDUCATIONAL TECHNICAL ASSISTANCE 201. References Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Education Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.). 202. Definitions Section 202 ( 20 U.S.C. 9601 ) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1), the following: (2) School leader The term school leader has the meaning given the term in section 102. . 203. Comprehensive centers Section 203 ( 20 U.S.C. 9602 )— (1) by amending subsection (a) to read as follows: (a) Authorization (1) In general Subject to paragraph (3), the Secretary is authorized to award not more than 17 grants, contracts, or cooperative agreements to eligible applicants to establish comprehensive centers. (2) Mission The mission of the comprehensive centers is to provide State educational agencies and local educational agencies technical assistance, analysis, and training to build their capacity in implementing the requirements of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) and other Federal education laws, and research-based practices. (3) Regions In awarding grants, contracts, or cooperative agreements under paragraph (1), the Secretary— (A) shall establish at least one comprehensive center for each of the 10 geographic regions served by the regional educational laboratories established under section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such provision existed on the day before the date of enactment of this Act); and (B) may establish additional comprehensive centers— (i) for one or more of the regions described in subparagraph (A); or (ii) to serve the Nation as a whole by providing technical assistance on a particular content area of importance to the Nation, as determined by the Secretary with the advice of the regional advisory committees established under section 206(a). (4) Nation In the case of a comprehensive center established to serve the Nation as described in paragraph (3)(B)(ii), the Nation shall be considered to be a region served by such Center. (5) Award period A grant, contract, or cooperative agreement under this section may be awarded, on a competitive basis, for a period of not more than 5 years. (6) Responsiveness The Secretary shall ensure that each comprehensive center established under this section has the ability to respond in a timely fashion to the needs of State educational agencies and local educational agencies, including through using the results of the center’s interim evaluation under section 204(c), to improve and modify the activities of the center before the end of the award period. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by inserting , contracts, or cooperative agreements after Grants ; (ii) by striking research organizations, institutions, agencies, institutions of higher education, and inserting public or private, nonprofit or for-profit research organizations, other organizations, or institutions of higher education, ; (iii) by striking , or individuals, ; (iv) by striking subsection (f) and inserting subsection (e) ; and (v) by striking , including regional and all that follows through 107–110)) ; and (B) by striking paragraphs (2) and (3) and inserting the following: (2) Outreach (A) In general In conducting competitions for grants, contracts, or cooperative agreements under this section, the Secretary shall— (i) by making widely available information and technical assistance relating to the competition, actively encourage eligible applicants to compete for such awards; and (ii) seek input from chief executive officers of States, chief State school officers, educators, parents, superintendents, and other individuals with knowledge of the needs of the regions to be served by the awards, regarding— (I) the needs in the regions for technical assistance authorized under this title; and (II) how such needs may be addressed most effectively. (B) Regional advisory committees The individuals described in subparagraph (A)(ii) may include members of the regional advisory committees established under section 206(a). (3) Performance management Before awarding a grant, contract, or cooperative agreement under this section, the Secretary shall establish measurable performance indicators to be used to assess the ongoing progress and performance of the comprehensive centers to be established under this title that address— (A) paragraphs (1) through (3) of the performance management system described in section 185; and (B) the relevant results of the regional assessments under section 206(e). (4) Required consideration In determining whether to award a grant, contract, or cooperative agreement under this section to an eligible applicant that previously established a comprehensive center under this section, the Secretary shall consider the results of such center’s summative evaluation under section 204(b). (5) Continuation of awards (A) Continuation of awards The Secretary shall continue awards made to each eligible applicant for the support of comprehensive centers established under this section prior to the date of enactment of the Strengthening Education through Research Act , as such awards were in effect on the day before the date of enactment of the Strengthening Education through Research Act , for the duration of those awards, in accordance with the terms and agreements of such awards. (B) Recompetition Not later than the end of the period of the awards described in subparagraph (A), the Secretary shall— (i) hold a competition to make grants, contracts, or cooperative agreements under this section to eligible applicants, which may include eligible applicants that held awards described in subparagraph (A); and (ii) in determining whether to select an eligible applicant that held an award described in subparagraph (A) for an award under clause (i) of this subparagraph, consider the results of the summative evaluation under section 204(b) of the center established with the eligible applicant’s award described in subparagraph (A). (6) Eligible applicant defined For purposes of this section, the term eligible applicant means an entity described in paragraph (1). ; (3) by amending subsection (c) to read as follows: (c) Applications (1) Submission (A) In general Each eligible applicant seeking a grant, contract, or cooperative agreement under this section shall submit an application at such time, in such manner, and containing such additional information as the Secretary may reasonably require. (B) Input To ensure that applications submitted under this paragraph are reflective of the needs of the regions to be served, each eligible applicant submitting such an application shall seek input from State educational agencies and local educational agencies in the region that the award will serve, and other individuals with knowledge of the region’s needs. Such individuals may include members of the regional advisory committee for the region under section 206(a). (2) Plan (A) In general Each application submitted under paragraph (1) shall contain a plan for the comprehensive center to be established under this section, which shall be updated, modified, and improved, as appropriate, on an ongoing basis, including by using the results of the center’s interim evaluation under section 204(c). (B) Contents A plan described in subparagraph (A) shall address— (i) the priorities for technical assistance established under section 207; (ii) the needs of State educational agencies and local educational agencies, on an ongoing basis, using available State and local data, including the relevant results of the regional assessments under section 206(e); and (iii) if available, demonstrated support from State educational agencies and local educational agencies, such as letters of support or signed memoranda of understanding. (3) Non-Federal Support In conducting a competition for grants, contracts, or cooperative agreements under subsection (a), the Secretary shall give priority to eligible applicants that will provide a portion of non-Federal funds to maximize support for activities of the comprehensive centers to be established under this section. ; (4) in subsection (d), by inserting the number of low-performing schools in the region, after economically disadvantaged students, ; (5) by striking subsection (e) and redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively; (6) in subsection (e), as so redesignated— (A) in paragraph (1)— (i) by striking support dissemination and technical assistance activities by and inserting support State educational agencies and local educational agencies, including by— ; (ii) in subparagraph (A)(i), by inserting and other Federal education laws before the semicolon; (iii) in subparagraph (A)(ii)— (I) by striking and assessment tools and inserting , assessment tools, and other educational strategies ; and (II) in subclause (III), by inserting , including innovative tools and methods before the semicolon; (iv) by striking subparagraph (A)(iii) and inserting the following: (iii) the replication and adaptation of exemplary practices and innovative methods that have an evidence base of effectiveness. ; (v) in subparagraph (B)— (I) by inserting , consistent with section 114(j), after disseminating ; and (II) by striking (as described and all that follows through is located ; and (vi) by amending subparagraph (C) to read as follows: (C) ensuring activities carried out under this section are relevant and responsive to the needs of the region being served, including by using the relevant results of the regional assessments under section 206(e). ; and (B) in paragraph (2)— (i) by inserting , on an ongoing basis, after this section shall ; and (ii) by inserting or other regional educational laboratories or comprehensive centers, as appropriate, after center is located, ; and (7) by amending subsections (f) and (g), as each so redesignated, to read as follows: (f) Comprehensive Center Advisory Board A comprehensive center established under this section may establish an advisory board to support and monitor the priorities and activities of such center. (g) Report to the Secretary Each comprehensive center established under this section shall submit to the Secretary an annual report, at such time, in such manner, and containing such information as the Secretary may require, which shall include the following: (1) A summary of the center’s activities and products developed during the previous year. (2) A listing of the State educational agencies, local educational agencies, and schools the center assisted during the previous year. (3) Using the measurable performance indicators established under subsection (b)(3), a description of how well the center is meeting educational needs of the region served by the center. (4) Any changes to the center’s plan under subsection (c)(2) to improve its activities in the remaining years of the grant, contract, or cooperative agreement. . 204. Evaluations Section 204 ( 20 U.S.C. 9603 ) is amended to read as follows: 204. Evaluations (a) In general The Secretary shall— (1) provide for ongoing summative and interim evaluations described in subsections (b) and (c), respectively, of each of the comprehensive centers established under this title in carrying out the full range of duties of the center under this title; and (2) transmit the results of such evaluations, through appropriate means, to the appropriate congressional committees, the Director of the Institute of Education Sciences, and the public. (b) Summative evaluation The Secretary shall ensure each comprehensive center established under this title is evaluated by an independent entity at the end of the period of the grant, contract, or cooperative agreement that established such center, which shall— (1) be completed in a timely fashion; (2) assess how well the center is meeting the measurable performance indicators established under section 203(b)(3); and (3) consider the extent to which the center ensures that the technical assistance of such center is relevant and useful to the work of State and local practitioners and policymakers. (c) Interim evaluation The Secretary shall ensure that each comprehensive center established under this title is evaluated at the midpoint of the period of the grant, contract, or cooperative agreement that established such center, which shall— (1) assess how well such center is meeting the measurable performance indicators established under section 203(b)(3); and (2) be used to improve the effectiveness of such center in carrying out its plan under section 203(c)(2). . 205. Existing technical assistance providers (a) Repeal Section 205 ( 20 U.S.C. 9604 ) is repealed. (b) Conforming amendment The table of contents in section 1 of the Act of November 5, 2002 ( Public Law 107–279 ; 116 Stat. 1940) is amended by striking the item relating to section 205. 206. Regional advisory committees Section 206 ( 20 U.S.C. 9605 ) is amended— (1) in subsection (a)— (A) by striking Beginning in 2004, the and inserting The ; and (B) by striking of the Education Sciences Reform Act of 2002 ; (2) by striking subsection (c) and redesignating subsections (b) and (d) as subsections (d) and (e), respectively; (3) by inserting the following after subsection (a): (b) Mission The mission of each regional advisory committee established under subsection (a) shall be to— (1) support, strengthen, and, as appropriate, align the work of the regional educational laboratories established under section 174 and the comprehensive centers established under this title; and (2) ensure that the regional educational laboratories and comprehensive centers are meeting the needs of their regions. (c) Duties Each advisory committee established under subsection (a) shall— (1) conduct, on at least a biennial basis, a needs assessments of the region served by the committee, as described in subsection (e); (2) to ensure the activities of the regional educational laboratory and comprehensive centers serving the region of the committee are responsive to the needs of such region, provide ongoing input to the laboratory and centers on planning and carrying out their activities under section 174 and this title, respectively; (3) maintain a high standard of quality in the performance of the activities of the laboratory and centers, respectively; and (4) support the continuous improvement of the laboratory and centers in the region served by the committee, especially in meeting the measurable performance indicators established under sections 174(e)(4) and 203(b)(3), respectively. ; (4) by amending subsection (d), as so redesignated, to read as follows: (d) Membership (1) Composition The membership of each regional advisory committee shall— (A) not exceed 25 members; (B) include the chief State school officer, or such officer’s designee, or other State official, of States within the region of the committee who have primary responsibility under State law for elementary and secondary education in the State; (C) include representatives of local educational agencies, including rural and urban local educational agencies, that represent the geographic diversity of the region; and (D) include researchers. (2) Eligibility The membership of each regional advisory committee may include the following: (A) Representatives of institutions of higher education. (B) Parents. (C) Practicing educators, including classroom teachers, school leaders, administrators, school board members, and other local school officials. (D) Representatives of business. (E) Policymakers. (F) Representatives from the regional educational laboratory and comprehensive centers in the region. (2) Recommendations In choosing individuals for membership on a regional advisory committee, the Secretary shall consult with, and solicit recommendations from, the chief executive officers of States, chief State school officers, local educational agencies, and other education stakeholders within the applicable region. (3) Special rule The total number of members on each committee who are selected under subparagraphs (B) and (C) of paragraph (1), in the aggregate, shall exceed the total number of members who are selected under paragraph (2), collectively. ; and (5) in subsection (e), as so redesignated— (A) in paragraph (1)— (i) by inserting , at least on a biennial basis, after assess ; and (ii) by inserting , strengths, and weaknesses after educational needs ; (B) in paragraph (2)— (i) by striking State school officers, and all that follows through within the region) and inserting State school officers, local educational agencies, representatives of public charter schools, educators, parents, and others within the region ; (ii) by striking of the Education Sciences Reform Act of 2002 and section 203 of this title and inserting and section 203 ; and (iii) by striking and at the end; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: (3) use available State and local data, consistent with privacy protections under section 183, to determine regional educational needs; and . 207. Priorities Section 207 ( 20 U.S.C. 9606 ) is amended— (1) by inserting Director and before Secretary shall establish ; (2) by striking of the Education Sciences Reform Act of 2002 ; (3) by striking of this title ; (4) by striking to address, taking onto account and inserting , respectively, using the results of ; and (5) by striking relevant regional and all that follows through Secretary deems appropriate and inserting relevant regional and national surveys of educational needs . 208. Grant program for statewide longitudinal data systems Section 208 ( 20 U.S.C. 9607 ) is amended— (1) in subsection (a)— (A) by inserting before the period the following: , the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), and the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) ; and (B) by adding at the end the following: State educational agencies receiving a grant under this section may provide subgrants to local educational agencies to improve the capacity of local educational agencies to carry out the activities authorized under this section. ; (2) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (g), respectively; (3) by inserting after subsection (b), the following: (c) Performance management Before awarding a grant under this section, the Secretary shall establish measurable performance indicators— (1) to be used to assess the ongoing progress and performance of State educational agencies receiving a grant under this section; and (2) that address paragraphs (1) through (3) of the performance management system described in section 185. ; (4) in subsection (d), as so redesignated— (A) in paragraph (1), by striking , promotes linkages across States, ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting supports school improvement and after data that ; (ii) in subparagraph (A), by striking and other reporting requirements and close achievement gaps; and and inserting , other reporting requirements, close achievement gaps, and improve teaching; ; (iii) in subparagraph (B), by striking and close achievement gaps and by inserting , close achievement gaps, and improve teaching ; and (iv) by inserting after subparagraph (B) the following: (C) to align statewide longitudinal data systems from early education through postsecondary education (including pre-service preparation programs), and the workforce, consistent with privacy protections under section 183; ; and (C) by striking paragraph (3) and inserting the following: (3) ensures the protection of student privacy, and includes a review of how State educational agencies, local educational agencies, and others that will have access to the statewide data systems under this section will adhere to Federal privacy laws and protections, consistent with section 183, in the building, maintenance, and use of such data systems; (4) ensures State educational agencies receiving a grant under this section support professional development that builds the capacity of teachers and school leaders to use data effectively; and (5) gives priority to State educational agencies that leverage the use of longitudinal data systems to improve student achievement and growth, including such State educational agencies that— (A) meet the voluntary standards and guidelines described in section 153(a)(5); (B) define the roles of State educational agencies, local educational agencies, and others in providing timely access to data under the statewide data systems, consistent with privacy protections in section 183; and (C) demonstrate the capacity to share teacher and school leader performance data, including student achievement and growth data, with local educational agencies and teacher and school leader preparation programs. ; (5) by inserting after subsection (e), as so redesignated, the following: (f) Renewal of awards The Secretary may renew a grant awarded to a State educational agency under this section for a period not to exceed 3 years, if the State educational agency has demonstrated progress on the measurable performance indicators established under subsection (c). ; and (6) by amending subsection (g), as so redesignated, to read as follows: (g) Reports (1) First report Not later than 1 year after the date of enactment of the Strengthening Education through Research Act , the Secretary shall prepare and make publicly available a report on the implementation and effectiveness of the activities carried out by State educational agencies receiving a grant under this section, including— (A) information on progress in the development and use of statewide longitudinal data systems described in this section; (B) information on best practices and areas for improvement in such development and use; and (C) how the State educational agencies are adhering to Federal privacy laws and protections in the building, maintenance, and use of such data systems. (2) Succeeding reports Every succeeding 3 years after the report is made publicly available under paragraph (1), the Secretary shall prepare and make publicly available a report on the implementation and effectiveness of the activities carried out by State educational agencies receiving a grant under this section, including— (A) information on the requirements of subparagraphs (A) through (C) of paragraph (1); and (B) the progress, in the aggregate, State educational agencies are making on the measurable performance indicators established under subsection (c). . 209. Authorization of appropriations Section 209 ( 20 U.S.C. 9608 ) is amended to read as follows: 209. Authorization of appropriations There are authorized to be appropriated to carry out this title— (1) for fiscal year 2015, $82,984,000; (2) for fiscal year 2016, $83,149,968; (3) for fiscal year 2017, $84,979,268; (4) for fiscal year 2018, $87,018,769; (5) for fiscal year 2019, $89,368,277; and (6) for fiscal year 2020, $90,708,801. . III NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS 301. References Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9621 et seq. ). 302. National assessment governing board Section 302 ( 20 U.S.C. 9621 ) is amended— (1) in subsection (a), by striking shall formulate policy guidelines and inserting shall oversee and set policies, in a manner consistent with subsection (e) and accepted professional standards, ; (2) in subsection (b)(1)(L)— (A) by striking principals and inserting leaders ; and (B) by striking principal both places it appears and inserting leader ; (3) in subsection (c), by striking paragraph (4); (4) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting the Assessment Board after consultation with before organizations ; and (ii) in subparagraph (B)— (I) by striking Each organization submitting nominations to the Secretary with and inserting With ; and (II) by inserting , the Assessment Board after particular vacancy ; and (B) in paragraph (2)— (i) by striking that each organization described in paragraph (1)(A) submit additional nominations and inserting additional nominations from the Assessment Board or each organization described in paragraph (1)(A) ; and (ii) by striking such organization and inserting the Assessment Board ; and (5) in subsection (e)(1)— (A) in subparagraph (A)— (i) by inserting in consultation with the Commissioner for Education Statistics, before select ; (ii) by inserting and grades or ages before to be ; and (iii) by inserting and determine the year in which such assessments will be conducted after assessed ; (B) in subparagraph (D), by inserting school leaders, after teachers, ; (C) in subparagraph (E), by striking design and inserting provide input on ; (D) by redesignating subparagraph (J) as subparagraph (K); (E) by inserting after subparagraph (I), the following: (J) provide input to the Director on annual budget requests for the National Assessment of Educational Progress; and ; (F) in subparagraph (K), as so redesignated— (i) by striking plan and execute the initial public release of ; and (ii) by inserting release the initial before National ; and (G) in the matter following subparagraph (K), as so amended and redesignated, by striking subparagraph (J) and inserting subparagraph (K) . 303. National assessment of educational progress Section 303 ( 20 U.S.C. 9622 ) is amended— (1) in subsection (a), by striking with the advice of the Assessment Board established under section 302 and inserting in a manner consistent with accepted professional standards and the policies set forth by the Assessment Board under section 302(a) ; (2) in subsection (b)(2)— (A) in subparagraph (D), by inserting and consistent with section 302(e)(1)(A) after resources allow ; (B) by striking and at the end of subparagraph (G); (C) by striking the period and inserting ; and at the end of subparagraph (H); and (D) by adding at the end the following new subparagraph: (I) determine, after taking into account section 302(e)(1)(I), the content of initial and subsequent reports of all assessments authorized under this section and ensure that such reports are valid and reliable. ; (3) in subsection (c)(2)— (A) in subparagraph (B), by striking of Education after Secretary ; and (B) in subparagraph (D)— (i) by striking Chairman of the House before Committee on Education ; (ii) by inserting of the House of Representatives after Workforce ; (iii) by striking Chairman of the Senate before Committee on Health ; and (iv) by inserting of the Senate after Pensions ; (4) in subsection (d)(1), by inserting before the period, the following: , except as required under section 1112(b)(1)(F) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312(b)(1)(F) ) ; (5) in subsection (e)— (A) in paragraph (1), by striking or age ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking shall and all that follows through be and insert shall be ; (II) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively; and (III) in clause (ii) (as so redesignated), by striking , or the age of the students, as the case may be ; (ii) in subparagraph (B)— (I) by striking After the determinations described in subparagraph (A), devising and inserting The Assessment Board shall, in making the determination described in subparagraph (A), use ; and (II) by inserting after approach the following: , providing for the active participation of teachers, school leaders, curriculum specialists, local school administrators, parents, and concerned members of the general public ; and (iii) in subparagraph (D), by inserting Assessment before Board ; and (6) in subsection (g)(2)— (A) in the heading, by striking Affairs and inserting Education ; and (B) by striking Affairs and inserting Education . 304. Definitions Section 304 ( 20 U.S.C. 9623 ) is amended— (1) in paragraph (1), by striking (1) and inserting (1) Director.— ; (2) in paragraph (2), by striking (2) and inserting (2) State.— ; (3) by redesignating paragraphs (1) and (2) (as so amended) as paragraphs (2) and (5), respectively; (4) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) In general The terms elementary school , local educational agency , and secondary school have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). ; and (5) by inserting after paragraph (2) (as so redesignated), the following new paragraphs: (3) School leader The term school leader has the meaning given the term in section 102. (4) Secretary The term Secretary means the Secretary of Education. . 305. Authorization of appropriations Section 305(a) ( 20 U.S.C. 9624(a) ) is amended to read as follows: (a) In general There are authorized to be appropriated— (1) for fiscal year 2015— (A) $8,235,000 to carry out section 302 (relating to the National Assessment Governing Board); and (B) $132,000,000 to carry out section 303 (relating to the National Assessment of Educational Progress); (2) for fiscal year 2016— (A) $8,251,470 to carry out section 302 (relating to the National Assessment Governing Board); and (B) $132,264,000 to carry out section 303 (relating to the National Assessment of Educational Progress); (3) for fiscal year 2017— (A) $8,433,002 to carry out section 302 (relating to the National Assessment Governing Board); and (B) $135,173,808 to carry out section 303 (relating to the National Assessment of Educational Progress); (4) for fiscal year 2018— (A) $8,635,395 to carry out section 302 (relating to the National Assessment Governing Board); and (B) $138,417,979 to carry out section 303 (relating to the National Assessment of Educational Progress); (5) for fiscal year 2019— (A) $8,868,550 to carry out section 302 (relating to the National Assessment Governing Board); and (B) $142,155,266 to carry out section 303 (relating to the National Assessment of Educational Progress); and (6) for fiscal year 2020— (A) $9,001,578 to carry out section 302 (relating to the National Assessment Governing Board); and (B) $144,287,595 to carry out section 303 (relating to the National Assessment of Educational Progress). . IV EVALUATION PLAN 401. Research and evaluation (a) In general The Institute of Education Sciences shall be the primary entity for conducting research on and evaluations of Federal education programs within the Department of Education to ensure the rigor and independence of such research and evaluation. (b) Flexible authority (1) Reservation Notwithstanding any other provision of law, the Secretary of Education, in consultation with the Director of the Institute of Education Sciences, may, for purposes of carrying out the activities described in paragraph (2)— (A) reserve not more than 0.5 percent of the amount appropriated for each program authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), other than part A of title I of such Act ( 20 U.S.C. 6311 et seq. ); and (B) reserve not more than 0.25 percent of the amount appropriated for part A of title I of such Act (20 U.S.C. 6311 et seq.). (2) Authorized activities Subject to subsection (d), the Secretary of Education, in consultation with the Director of the Institute of Education Sciences, may use the amounts reserved under paragraph (1) to— (A) carry out high-quality evaluations (consistent with the requirements of section 173(a) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9563(a) ), as amended by this Act, and the evaluation plan described in subsection (c) of this section) of programs authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ); (B) increase the usefulness of such evaluations to promote continuous improvement of programs under such Act ( 20 U.S.C. 6301 et seq. ); and (C) assist grantees of such programs in collecting and analyzing data and other activities related to conducting high-quality evaluations under subparagraph (A). (3) Dissemination The Secretary of Education shall disseminate evaluation findings, consistent with section 114(j) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9514(j) ), as amended by this Act, of evaluations carried out under paragraph (2)(A). (4) Consolidation The Secretary of Education— (A) may consolidate the funds reserved under paragraph (1) for purposes of carrying out the activities under paragraph (2); and (B) shall not be required to evaluate under paragraph (2)(A) each program authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) each year. (c) Evaluation plan The Director of the Institute of Education Sciences, in consultation with the Secretary of Education, shall, on a biennial basis, develop, submit to Congress, and make publicly available an evaluation plan, that— (1) describes the specific activities that will be carried out under subsection (b)(2) for the 2-year period applicable to the plan, and the timelines of such activities; and (2) contains the results of the activities carried out under subsection (b)(2) for the most recent 2-year period. (d) Evaluations under title I of the ESEA Nothing in this section shall be construed to affect part E of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491 et seq. ) or section 173(b) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9563(b) ), as amended by this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4366ih/xml/BILLS-113hr4366ih.xml
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113-hr-4367
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I 113th CONGRESS 2d Session H. R. 4367 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Kelly of Pennsylvania (for himself, Mr. Schweikert , and Mr. Jones ) 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 responsibilities with respect to Internet domain name functions.
1. Short title This Act may be cited as the Internet Stewardship Act of 2014 . 2. NTIA prohibited from relinquishing DNS responsibilities The Assistant Secretary of Commerce for Communications and Information may not relinquish or agree to relinquish the responsibilities of the National Telecommunications and Information Administration with respect to Internet domain name functions, including responsibility with respect to the authoritative root zone file, the Internet Assigned Numbers Authority functions, or the related root zone management functions, unless such relinquishment is permitted by a statute enacted after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4367ih/xml/BILLS-113hr4367ih.xml
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113-hr-4368
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I 113th CONGRESS 2d Session H. R. 4368 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Grimm (for himself, Ms. Gabbard , Mr. Lipinski , and Mr. Joyce ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To prohibit the Secretary of Homeland Security from implementing proposed policy changes that would permit passengers to carry small, non-locking knives on aircraft.
1. Short title This Act may be cited as the Keep Knives Out of Our Skies Act . 2. Prohibition on implementation of policy change to permit small, non-locking knives on aircraft (a) In general Notwithstanding any other provision of law, on and after the date of the enactment of this Act, the Secretary of Homeland Security may not implement any change to the prohibited items list of the Transportation Security Administration that would permit passengers to carry small, non-locking knives through passenger screening checkpoints at airports, into sterile areas at airports, or onboard passenger aircraft. (b) Prohibited items list defined In this section, the term prohibited items list means the list of items passengers are prohibited from carrying as accessible property or on their persons through passenger screening checkpoints at airports, into sterile areas at airports, and onboard passenger aircraft pursuant to section 1540.111 of title 49, Code of Federal Regulations (as in effect on January 1, 2013).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4368ih/xml/BILLS-113hr4368ih.xml
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113-hr-4369
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I 113th CONGRESS 2d Session H. R. 4369 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Mineral Leasing Act to require payment to each county of a portion of mining royalties received for mining operations in such county, and for other purposes.
1. Short title This Act may be cited as the Using our Energy to Build Better Communities Act . 2. payment of mining revenues to counties for use for schools and roads Section 35(a) of the Mineral Leasing Act ( 30 U.S.C. 191(a) ) is amended— (1) by inserting (1) before the first sentence; (2) in paragraph (1) (as designated by the amendment made by paragraph (1) of this section) by striking 40 per centum and inserting 20 per centum ; (3) by inserting after June 17, 1902, the following: 20 per centum shall be used to pay directly to each county of the United States in which occurred mining operations for which such money was received, other than any county in Alaska, an amount that is directly proportional to the portion of such money attributable to such operations, ; and (4) by adding at the end the following: (2) (A) Amounts paid directly to a county under paragraph (1) shall be used by the county for schools and roads in the county. (B) Subparagraph (A) shall not apply with respect to a county in Alaska. .
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113-hr-4370
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I 113th CONGRESS 2d Session H. R. 4370 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mrs. Walorski (for herself, Mr. Coffman , Mr. Wenstrup , and Mr. Nugent ) introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To improve the information security of the Department of Veterans Affairs by directing the Secretary of Veterans Affairs to carry out certain actions to improve the transparency and the governance of the information security program of the Department, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Veterans Information Security Improvement Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Governance of information security program of Department of Veterans Affairs. Sec. 3. Security of critical network infrastructure, including domain controller, of Department of Veterans Affairs. Sec. 4. Security of computers and servers of Department of Veterans Affairs. Sec. 5. Upgrade or phase-out of unsupported or outdated operating systems. Sec. 6. Security of web applications from vital vulnerabilities. Sec. 7. Security of the Vista system. Sec. 8. Report on compliance with information security requirements and best practices. Sec. 9. Reports on implementation. Sec. 10. Application. Sec. 11. Definitions. 2. Governance of information security program of Department of Veterans Affairs (a) Requirements for certain officials and staff (1) In general Subchapter III of chapter 57 of title 38, United States Code, is amended by inserting after section 5723 the following new section: 5723A. Governance of information security program (a) In general The Secretary shall carry out this section to improve the transparency and the coordination of the information security program of the Department. (b) Office of Information and Technology (1) The Secretary shall ensure that the Assistant Secretary for Information and Technology, as the Chief Information Officer of the Department, possesses— (A) the appropriate education and at least 10 concurrent years of validated experience and capabilities in the management of information technology organizations; (B) an industry recognized certification in information security and cyber security defense; and (C) demonstrated, sound technical capabilities. (2) The Secretary shall ensure that the staff of the Office of Information and Technology who perform security functions, including the assessment and analysis of risk, security auditing, security operations, and security engineering, are assigned to the Office of Information Security. (3) The Secretary shall ensure that subordinate offices of the Office of Information and Technology, in coordination with the head of the Office of Information Security, maintain appropriate information security functions within each such office to— (A) incorporate secure software assurance processes into the software development lifecycle for all software development activities; (B) validate that each third-party developed software used in any information system of the Department meets the standards of the National Institute of Standards and Technology with respect to security, safety, reliability, functionality and extensibility; (C) maintain established information security baseline controls for such information systems, and immediately remediate systems determined to be out of compliance with established baseline controls to the maximum extent possible; (D) ensure that the security architecture of the Department is documented and fully integrated into the overall enterprise architecture strategy of the Department; and (E) develop and implement a policy that restricts the development of new data warehouses and data marts holding sensitive personal information of veterans and reduces the number of data marts holding such information. (c) Office of Information Security (1) The Secretary shall ensure that the head of the Office of Information Security possesses— (A) the appropriate education and at least 10 concurrent years of experience with respect to validated information security; and (B) an industry recognized certification in cyber security defense; (C) demonstrated, sound technical capabilities; and (D) other relevant experience. (2) The Secretary shall ensure that all of the field staff of the Office of Information Security, including relevant staff of the Office of Information Technology, whose primary responsibility is the protection of personally identifiable information of veterans maintain current information security training and possess a certain level of information security, cyber security defense, and technical capabilities and certifications as appropriate. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5723 the following new item: 5723A. Governance of information security program. . (b) Definitions Section 5721 of title 38, United States Code, is amended by adding at the end the following new paragraphs: (24) Data mart The term data mart means a subset of a data warehouse that contains information for a specific department or entity of an organization rather than the entire organization. (25) Data warehouse The term data warehouse means a collection of data designed to support management decision making that contains a wide variety of data that present a coherent picture of business conditions for an entire organization at a single point in time and whose development includes the development of systems to extract data from operating systems plus installation of a warehouse database system that provides managers flexible access to the data. . 3. Security of critical network infrastructure, including domain controller, of Department of Veterans Affairs (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure the security and safeguard of the network infrastructure of the Department of Veterans Affairs. (b) Actions required In carrying out subsection (a), the Secretary shall carry out the following actions: (1) Maintain the awareness and complete physical and logical control of the critical network infrastructure, including routers, switches, domain naming systems, firewalls, load balancers, proxy devices, authentication services, telecommunications, domain controllers, and any device that is part of the trusted Internet connection system. (2) If the Secretary determines that any critical network infrastructure device or service has been compromised, restore the device or service to the last known noncompromised state and determine the cause of the compromise. (3) If the Secretary determines that compromised devices or services must be used for a limited time, conduct such use in accordance with the guidance established by the National Security Agency under the document titled Information Assurance Guidance for Operating on a Compromised Network , or successor document. (4) Provide special security configurations for protecting critical infrastructure devices and services. (5) Implement policies and security measures that minimize the threats to critical infrastructure devices and services. (6) Ensure that critical infrastructure devices and services, including the domain controller settings, are in compliance with the Server Security Plan of the Department under the Department of Veterans Affairs Handbook 6500. (7) Establish access rights, permissions, and multifactor authentication for the critical infrastructure devices and services, including the domain controller, for specific users or groups of users. (8) Ensure that proper physical security measures are taken to safeguard the critical infrastructure devices and services and limit physical access to such location to a limited number of authorized individuals. (9) Limit the access from network connections to critical infrastructure devices and services and only configure services and software that are needed by the devices and services. (10) Disable or delete any service or software from critical infrastructure devices and services that is unnecessary. (11) Where feasible, secure critical infrastructure devices and services with host-based and networked-based security controls and limit the number of ports that are opened between critical infrastructure devices and services, including any device requesting access to network resources and services. (12) Conduct regular audits and testing of the backups and restore events of the critical infrastructure devices and services. (13) Ensure that for any device to access and communicate with critical infrastructure devices and services within the domain, the authentication traffic has to be signed and encrypted. (14) Limit the administrator account from accessing critical infrastructure devices and services, including domain controllers, throughout the network and use such account only for emergencies. (15) Restrict remote access to local administrator accounts and use firewall rules to restrict lateral movement on the network. (16) Conduct regular formal penetration testing to test for potential security weaknesses and resolve such weaknesses by not later than seven days after identifying such weaknesses. (c) Certification Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional veterans committees written certification that the Secretary has commenced each action described in subsection (b). 4. Security of computers and servers of Department of Veterans Affairs (a) In general The Secretary shall ensure the security of each general purpose computer and server of the Department. (b) Actions required In carrying out subsection (a), the Secretary shall carry out the following actions: (1) Formalize and enforce a Department-wide process to monitor software installed on general purpose computers and servers of the Department, prevent the unauthorized installation of software, and remove any unauthorized software that has been installed. (2) Not later than 45 days after the date of the enactment of this Act, implement automated patching tools and processes that ensure that security patches are installed for any software or operating system on a computer by not later than 48 hours after the patch is made available. (3) Employ automated tools to continuously monitor general purpose computers, servers, and mobile devices for active, up-to-date anti-malware protection with antivirus, antispyware, personal firewalls, and host-based intrusion prevention system functionality. (4) Centralize oversight and control to effectively administer patch management processes (but the responsibility for testing and applying patches to specific systems may be decentralized to the component level). (5) Perform regular scans of general purpose computers and servers to discover security vulnerabilities and log the results of such scans. (6) Perform a patch-focused risk assessment to evaluate each system, database, and general purpose computer for threats, vulnerabilities, and its criticality to the mission of the Department. (7) If the Secretary determines any security vulnerability— (A) develop a test for the vulnerability and determine the cause of the vulnerability; (B) address the vulnerability, including by patching, implementing a compensating control, or documenting and accepting a reasonable business risk (in accordance with industry accepted best practices) with respect to the vulnerability; and (C) perform a post remediation scan to verify that the vulnerability was so addressed. (8) Establish and ensure the use of standard, secure configurations of each operating system in use on the computers of the Department. (9) Employ system-scanning tools that check computers daily for software version, patch levels, and configuration files. (10) Deploy a security content automation protocol tool that is validated by the National Institute of Standards and Technology to use specific standards to enable automated vulnerability management, measurement, and policy compliance evaluation. (11) Standardize policies, procedures, and tools for effective patch management, including by assigning roles and responsibilities, performing risk assessments, and testing patches. (12) Test each patch against all system configurations of the Department in a test environment to determine any effect on the network before deploying the patch to the affected systems and monitor the status of the patches after deployment. (13) Establish and maintain an inventory of all hardware equipment, software packages, services, and other technologies installed and used by the Department for patch management. (14) Establish a policy for security fixes that is clearly communicated to computer users to ensure that the users are aware of— (A) the versions of software or operating systems that are supported with respect to security fixes; and (B) when software, operating systems, or other products are scheduled to no longer be maintained. (15) Ensure that— (A) the staff or contractors of the Department who are involved in patch management have the skills and knowledge needed to perform the responsibilities relating to such management; and (B) system administrators are trained in identifying new patches and vulnerabilities. (c) Certification Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional veterans committees written certification that the Secretary has commenced each action described in subsection (b). 5. Upgrade or phase-out of unsupported or outdated operating systems (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall ensure that the Secretary upgrades or phases out outdated or unsupported operating systems to protect computers of the Department from harmful viruses, spyware, and other malicious software that could affect the confidentiality of sensitive personal information of veterans. (b) Actions required In carrying out subsection (a), the Secretary shall carry out the following activities: (1) Establish a plan for phasing out outdated or unsupported operating systems used by the Department. (2) Establish a policy to ensure that outdated and unsupported operating systems used by the Department do not connect to the network of the Department by not later than 15 days after the date on which such operating systems are so outdated or unsupported, as determined appropriate by the Secretary. (3) Establish a configuration management process to ensure that— (A) a secure image that is regularly updated is used to build all new computers used by the Department; and (B) any computer used by the Department that becomes compromised is re-imaged using such image. (4) Implement applicable operating systems based on security guidance identified by the Information Assurance Directorate of the National Security Agency. (5) Appropriately configure and test required software that was designed to be used on older operating systems to ensure the software is usable on a new operating system used by the Department. (6) Limit administrative privileges to very few users who have both the appropriate knowledge and business need to modify the configuration of the operating system. (7) Until the date on which an unsupported operating system is replaced, if a computer uses such operating system, disable web browser plug-ins, use a hardware firewall, and if practicable, disconnect the computer from the network and do not use the computer to access the Internet. (8) Deploy a software inventory tool to cover each of the operating systems in use by the Department to track— (A) the type of such operating systems being used by the Department; and (B) with respect to each computer of the Department— (i) the type of operating system installed and the version number and patch level of such operating system; and (ii) the software being used on such operating system. (9) Regularly use file integrity checking tools to check any changes to critical operating systems, services, and configuration files. (c) Certification Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional veterans committees written certification that the Secretary has commenced each action described in subsection (b). 6. Security of web applications from vital vulnerabilities (a) In general The Secretary shall ensure that web applications used by the Department are secure from vulnerabilities that could affect the confidentiality of sensitive personal information of veterans. (b) Actions required In carrying out subsection (a), the Secretary shall carry out the following activities: (1) Not later than 60 days after the date of the enactment of this Act, develop a plan, including required actions and milestones, to fully remediate all security vulnerabilities described in subsection (a) that exist as of the date of the enactment of this Act. (2) Develop detailed guidance for remediating each critical security vulnerability. (3) Use best practices and lessons learned, including such practices and lessons described by the National Institute of Standards and Technology and the Open Web Application Security Project, to address the security vulnerabilities of web applications. (4) Limit the permissions on the database logon used by web applications to only what is needed to reduce the effectiveness of any attack that exploits bugs in the application. (5) Provide to web application developers— (A) thorough application development guidance to ensure that new applications are designed by taking into account security; and (B) detailed guidance on testing existing web applications for security vulnerabilities, including buffer overflows and cross-site scripting. (6) Configure administrative passwords to be— (A) complex and consist only of strings of letters, numbers, and characters that do not form a recognizable word; and (B) changed every 90 days, in accordance with industry best practices. (7) With respect to passwords used in connection with web applications, store the passwords for each system of the Department only in a well-hashed or encrypted format. (8) Implement two-factor authentication technology requirements throughout the Department. (9) If vulnerabilities in a web application are found, administer a full-source code review to determine if the vulnerabilities exist elsewhere within the code of the application. (10) Periodically review user access to networks and web applications to identify unnecessary, inactive, or terminated user accounts. (11) Establish a single set of strong authentication and session management controls that meet all the authentication and session management requirements defined in the Application Security Verification Standard of the Open Web Application Security Project. (12) Implement visibility and attribution measures to improve the process, architecture, and technical capabilities of the Department to monitor web applications used on the networks and computers of the Department to detect attack attempts, locate points of entry, identify already compromised machines, interrupt activities of infiltrated attackers, and gain information about the sources of an attack. (c) Certification Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional veterans committees written certification that the Secretary has commenced each action described in subsection (b). 7. Security of the Vista system (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall ensure that the Vista system is secure from vulnerabilities that could affect the confidentiality of sensitive personal information of veterans. (b) Actions required In carrying out subsection (a), the Secretary shall carry out the following activities: (1) Develop a remedial action plan to address the approaches to interoperability— (A) between multiple Vista systems; and (B) between the Vista system and external systems and software. (2) Update the policy, procedures, and governance of the Department with respect to system-to-system integration where users log on to external systems and then automatically connect to the Vista system and interact. (3) Provide authentication for the machine-to-machine broker so that the Vista system listener verifies the identity of the calling system. (4) Establish and implement policy with respect to the authentication of external systems attempting to connect to the Vista system and criteria by which user authentication must be accomplished to ensure all applications that connect to the Vista system convey accurate user information. (5) Establish a business requirement that system-to-system integration connectivity across the wide-area network must consist of encrypted communication and require external systems to securely identify themselves, or for the Vista system to securely identify external systems that attempt to connect to the system. (6) Establish a business requirement that external systems communicate accurate user information to the Vista system relating to actions initiated by actual individuals and facilitate the revocation of access by the Vista system relative to specific users or external systems attempting to connect. (7) Implement monthly project design reviews of the integration between systems and web applications to ensure that the effectiveness of the existing controls is sustained. (8) Assess the potential compromise to non-Department networks that are interconnected with the network of the Department, including the networks of the Department of Defense and the Department of Health and Human Services. (9) Ensure that, in the near-term, software development for the Vista system develops the critical enhancements and fixes to the system that are necessary to ensure compliance with changes to patient enrollment. (10) Ensure that all systems of the Department have been given the Authority to Operate designation and have been properly certified by meeting all requirements, including a comprehensive assessment of management, operational, and technical security controls, to become operational, and restrict the use of waivers. (c) Certification Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional veterans committees written certification that the Secretary has commenced each action described in subsection (b). 8. Report on compliance with information security requirements and best practices Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the congressional veterans committees the following: (1) Written certification that the Secretary is taking every action required to comply with— (A) subchapter III of chapter 57 of title 38, United States Code; (B) subchapter III of chapter 35 of title 44, United States Code; (C) special publications 800–53 and 800–111 of the National Institute of Standards and Technology, including with respect to encrypting databases; (D) applicable memoranda issued by the Director of Management and Budget regarding protecting personally identifiable information; and (E) any other relevant law or regulation regarding the information security of the Department of Veterans Affairs. (2) How the Secretary is using and implementing the principles and best practices regarding improving information security, including with respect to such principles and practices described in the document titled Framework for Improving Critical Infrastructure Cybersecurity of the National Institute of Standards and Technology. 9. Reports on implementation (a) Biannual reports (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180-day period thereafter, the Secretary shall submit to the congressional veterans committees a report on the implementation of this Act, including the amendments made by this Act. (2) Matters included Each report under subsection (a) shall include the following: (A) A description of the actions taken by the Secretary to implement and comply with sections 2 through 7. (B) A timeline and project plan, both short-term and long-term, for implementing each of sections 2 through 7 and assigning roles and responsibilities under such plan. (C) Performance measures and benchmarks to measure the results of the Secretary in carrying out remediation efforts under sections 2 through 7. (D) A description of the best practices and lessons learned by the Secretary in carrying out sections 2 through 7. (E) The progress made by the Secretary during each month covered by the report with respect to reducing the total number of outdated operating systems, web application vulnerabilities, critical security vulnerabilities, and other matters covered by sections 2 through 7. (F) An appendix containing detailed reports of the Department, including the enterprise information technology dashboard and reports regarding security vulnerabilities, operating system trends, and web applications. (b) Annual Inspector General report The Inspector General of the Department of Veterans Affairs shall submit to the congressional veterans committees an annual report that includes a comprehensive assessment of the adequacy and effectiveness of the implementation by the Secretary of Veterans Affairs of sections 2 through 7, including the amendments made by this Act. (c) Monthly reports On a monthly basis, the Secretary shall submit to the congressional veterans committees reports on security vulnerabilities discovered pursuant to the actions taken under section 4(b)(5). 10. Application In carrying out this Act, including the amendments made by this Act, the Secretary of Veterans Affairs may substitute a new technology or process relating to information security for a specific technology or process relating to information security described in this Act, including the amendments made by this Act, if the Secretary determines that such new technology or process— (1) is a successor to the specific technology or process described in this Act, including the amendments made by this Act; and (2) provides a greater amount of information security than would be provided if the Secretary did not make such substitution. 11. Definitions In this Act: (1) The term Authority to Operate means the official management decision given by a senior official of the Department to authorize operation of an information system and to explicitly accept the risk to the operations of the Department (including with respect to the mission, functions, image, or reputation of the Department), the assets and individuals of the Department, other elements of the Federal Government, and the United States based on the implementation of an agreed-upon set of security controls. (2) The terms confidentiality has the meaning given that term in section 5727 of title 38, United States Code. (3) The term congressional veterans committees means the Committees on Veterans’ Affairs of the House of Representatives and the Senate. (4) The term critical network infrastructure means information technology hardware that provides— (A) vital network services to the Department that is vital to carrying out the mission of the Department; and (B) communications, security, transportation, access, and authentication services and capabilities. (5) The term domain controller means a server that responds to security authentication requests responsible for allowing host access to domain resources by authenticating users, sorting user account information, and enforcing security policy. (6) The term general purpose computer means a computer that, given the appropriate application and required time, should be able to perform most common computing tasks. Such term includes personal computers, including desktops, notebooks, smart phones, and tablets. (7) The term image means a standard set of software (including the operating system and other software) that is installed on a computer. (8) The term information security has the meaning given that term in section 5727 of title 38, United States Code. (9) The term information system has the meaning given that term in section 5727 of title 38, United States Code. (10) The term sensitive personal information has the meaning given that term in section 5727 of title 38, United States Code. (11) The term Vista system means the Veterans Health Information Systems and Technology Architecture of the Department of Veterans Affairs that allows for an integrated inpatient and outpatient electronic health record for patients and provides administrative tools to employees of the Department. (12) The term web application means an application in which all or some parts of the software are downloaded from the Internet each time the software is accessed, including web browser-based software that run within a web browser, desktop software that does not use a web browser, and mobile software that accesses the Internet for additional information. (13) The term well-hashed means the process of using a mathematical algorithm against data to produce a numeric value that is representative of that data.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4370ih/xml/BILLS-113hr4370ih.xml
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113-hr-4371
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I 113th CONGRESS 2d Session H. R. 4371 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Cook introduced the following bill; which was referred to the Committee on Natural Resources A BILL To redesignate the Johnson Valley Off-Highway Vehicle Recreation Area in California as the Johnson Valley National Off-Highway Vehicle Recreation Area , and for other purposes.
1. Redesignation (a) Redesignation The Johnson Valley Off-Highway Vehicle Recreation Area in California is hereby redesignated as the Johnson Valley National Off-Highway Vehicle Recreation Area . (b) Conforming amendments Subtitle C of title XXIX of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) is amended— (1) in section 2942(c)(3), by striking Johnson Valley Off-Highway Vehicle Recreation Area and inserting Johnson Valley National Off-Highway Vehicle Recreation Area ; and (2) in section 2945— (A) in the section heading, by inserting national after valley ; (B) in subsection (a), by inserting National after Valley in the matter preceding paragraph (1); and (C) in subsections (b), (c), and (d), by inserting National after Valley each place it appears. (c) Relation to authorized Navy use The redesignation of the Johnson Valley Off-Highway Vehicle Recreation Area as the Johnson Valley National Off-Highway Vehicle Recreation Area does not alter or interfere with the rights and obligations of the Navy regarding the use of portions of the Recreation Area as provided in subtitle C of title XXIX of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66). (d) References Any reference in any law, regulation, document, record, map, or other paper of the United States to the Johnson Valley Off-Highway Vehicle Recreation Area is deemed to be a reference to the Johnson Valley National Off-Highway Vehicle Recreation Area .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4371ih/xml/BILLS-113hr4371ih.xml
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113-hr-4372
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I 113th CONGRESS 2d Session H. R. 4372 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Schiff (for himself and Mr. Jones ) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) , 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 require the President to make publicly available an annual report on the use of targeted lethal force by remotely-piloted aircraft.
1. Short title This Act may be cited as the Targeted Lethal Force Transparency Act . 2. Unclassified annual report on the use of targeted lethal force by remotely-piloted aircraft (a) Requirement for annual report For each calendar year, the President shall prepare and make public an annual report on the use of targeted lethal force by remotely-piloted aircraft. Except as provided under subsections (b) and (c), each such report shall include each of the following for the year covered by the report: (1) The total number of combatants killed or injured during the year by the use of targeted lethal force outside the United States by remotely-piloted aircraft. (2) The total number of civilians killed or injured during the year by the use of targeted lethal force outside the United States by remotely-piloted aircraft. (3) The total number of persons killed or injured during the year by the use of targeted lethal force outside the United States by remotely-piloted aircraft who are not included in the totals reported under paragraph (1) or (2). (4) The definitions of the terms combatant and civilian used for purposes of such report. (b) Exception A report required by subsection (a) shall not include— (1) any use of targeted lethal force in Afghanistan prior to the end of combat operations by the United States; or (2) any use of targeted lethal force in a foreign country described by a future declaration of war or authorization for the use of military force. (c) First report The first report submitted under subsection (a) after the date of the enactment of this Act shall include the information described in paragraphs (1) through (4) of such subsection for the six calendar years preceding the calendar year during which the report is submitted. (d) Targeted lethal force defined In this section, the term targeted lethal force means the act of directing lethal force at a particular person or group with the specific intent of killing those persons.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4372ih/xml/BILLS-113hr4372ih.xml
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113-hr-4373
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I 113th CONGRESS 2d Session H. R. 4373 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Hinojosa (for himself, Mr. Vargas , Mrs. Negrete McLeod , Ms. Hahn , Mr. Sires , Mr. Castro of Texas , Ms. Roybal-Allard , Mr. Gene Green of Texas , Ms. Chu , Mrs. Napolitano , Ms. Clarke of New York , Ms. Fudge , Mr. Richmond , Mr. Payne , Mr. Bishop of New York , Ms. Linda T. Sánchez of California , Mr. Vela , Mr. O’Rourke , Mr. Cuellar , and Mr. Moran ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve the Federal Pell Grant program, and for other purposes.
1. Short title This Act may be cited as the Pell Grant Protection Act . 2. Purpose The purpose of this Act is to restore the role of Federal Pell Grants as the foundational Federal investment in higher education, in order to strengthen the economy of the United States by improving opportunities for low-income students to complete higher education and join the middle class. 3. Findings Congress finds the following: (1) Federal Pell Grants provided under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) (referred to in this Act as Federal Pell Grants ) have historically been the fundamental Federal investment in helping low-income students pay for college and enter the middle class. In the 1979–1980 academic year, the maximum Federal Pell Grant paid for 77 percent of the average cost of attendance at an in-State, 4-year institution of higher education. However, in the 2012–2013 academic year, the maximum Federal Pell Grant covered only about 30 percent of that average cost of attendance. (2) The program providing Federal Pell Grants already acts as a quasi-entitlement, in which both mandatory funding and discretionary funding combine to maintain a maximum Federal Pell Grant amount. (3) The Congressional Budget Office reports on any overall financial surplus or shortfall in the funding provided for the Federal Pell Grant program. However, in recent years, in order to meet the maximum Federal Pell Grant level with the provided level of funding, Congress has made cuts to the program through imposing additional eligibility requirements for Federal Pell Grants and limiting the availability of year-round Federal Pell Grants, causing significant uncertainty and reducing access to higher education for millions of hardworking college students. (4) Removing the Federal Pell Grant program from the uncertainty of the congressional discretionary appropriations process will improve student access to, and the affordability of, higher education. (5) The traditional student who attends college for 4 years immediately after high school is now a minority of college students today. Ambitious students now need more flexibility to attend school year-round while juggling work schedules. (6) Section 1860 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10, 125 Stat. 169) eliminated the provision of the Federal Pell Grant program of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) that allowed 2 Federal Pell Grant awards per year, creating significant hardship for many students trying to take courses over the summer or outside the traditional school calendar. Allowing students to continue to receive Federal Pell Grants in successive semesters, without a gap, would reduce the time needed to complete their degrees. 4. Converting the traditional Federal Pell Grant program to a mandatory spending program (a) Legislative provisions Section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by striking clauses (i) and (ii) and inserting the following: (i) (I) for award year 2014–2015, $5,730; or (II) for award year 2015–2016 and each subsequent award year, the amount of the maximum Federal Pell Grant determined under this clause for the immediately preceding award year, increased by a percentage equal to the estimated percentage increase, if any, in the Consumer Price Index (as determined by the Secretary, using the definition in section 478(f)) for the most recent calendar year ending prior to the beginning of that award year; plus (ii) any additional amount specified for the maximum Federal Pell Grant in the last enacted appropriation Act applicable to that award year, less ; and (B) by adding at the end the following: (C) (i) For fiscal year 2015 and each succeeding fiscal year, there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to provide, in combination with any amounts separately appropriated under subparagraph (A)(ii), Federal Pell Grants under this section in the amount specified in subparagraph (A) to all eligible students. (ii) The amounts made available by clause (i) for any fiscal year shall be available beginning on October 1 of that fiscal year, and shall remain available through September 30 of the succeeding fiscal year. ; and (2) by striking paragraph (7). (b) Effective date The amendments made by subsection (a) shall apply with respect to Federal Pell Grants awarded under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) for award year 2015–2016 and each succeeding award year. 5. Year-Round Federal Pell Grant students (a) In general Section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b) ), as amended by section 4, is further amended by adding at the end the following: (7) Year-Round Federal Pell Grant students (A) In general Notwithstanding any other provision of this subsection, the Secretary shall award, to an eligible student who has received a Federal Pell Grant for an award year and is enrolled in a program of study for 1 or more additional payment periods during the same award year that are not otherwise covered by the student's Federal Pell Grant, an additional Federal Pell Grant for the additional payment periods. (B) Amounts In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of the Federal Pell Grants awarded to such student for the award year may exceed the total maximum Federal Pell Grant for such award year, as calculated under clauses (i) and (ii) of paragraph (2)(A). (C) Inclusion in duration limit Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student's duration limit under subsection (c)(5). (8) Crossover period In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned. . (b) Effective date The amendment made by subsection (a) shall take effect on July 1, 2014.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4373ih/xml/BILLS-113hr4373ih.xml
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113-hr-4374
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I 113th CONGRESS 2d Session H. R. 4374 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Roe of Tennessee introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to adopt and implement a standard identification protocol for use in the tracking and procurement of biological implants by the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Biological Implant Tracking and Veteran Safety Act of 2014 . 2. Identification and tracking of biological implants used in Department of Veterans Affairs medical facilities (a) In general Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: 7330B. Identification and tracking of biological implants (a) Standard identification system for biological implants The Secretary shall adopt the unique device identification system developed for medical devices by the Food and Drug Administration pursuant to section 519(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360i(f) ), or implement a comparable standard identification system, for use in identifying biological implants intended for use in medical procedures conducted in medical facilities of the Department. (b) Biological implant tracking system (1) The Secretary shall implement a system for tracking the biological implants referred to in subsection (a) from donor to implantation. Such system shall be compatible with the identification system adopted or implemented under subsection (a). (2) The Secretary shall implement inventory controls compatible with the tracking system implemented under paragraph (1) so that all patients who have received, in a medical facility of the Department, a biological implant subject to a recall by the Food and Drug Administration can be notified of the recall, if based on the evaluation of appropriate medical personnel of the Department of the risks and benefits, the Secretary determines such notification is appropriate. (c) Consistency with Food and Drug Administration regulations To the extent that a conflict arises between this section and a provision of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or sections 351 or 361 of the Public Health Service Act ( 42 U.S.C. 262 ) (including any regulations issued under such Acts), the provision the Federal Food, Drug, and Cosmetic Act or Public Health Service Act (including any regulations issued under such Acts) shall apply. (d) Definition of biological implant In this section, the term biological implant means any human cell, tissue, or cellular or tissue-based product— (1) under the meaning given the term human cells in section 1271.3 of title 21, Code of Federal Regulations, or any successor regulation; or (2) that is regulated as a device under subpart A of part 801 of title 21, Code of Federal Regulations, or any successor regulation. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: 7330B. Identification and tracking of biological implants. . (c) Implementation deadlines (1) Standard identification system (A) In general With respect to biological implants described in paragraph (1) of subsection (d) of section 7330B of title 38, United States Code, as added by subsection (a), the Secretary of Veterans Affairs shall adopt or implement a standard identification system for biological implants, as required by subsection (a) of such section, by not later than the date that is 180 days after the date of the enactment of this Act. (B) Implants regulated as devices With respect to biological implants described in paragraph (2) of subsection (d) of such section, the Secretary of Veterans Affairs shall adopt or implement such standard identification system in compliance with the compliance dates established by the Food and Drug Administration pursuant to section 519(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360i(f) ). (2) Tracking system The Secretary of Veterans Affairs shall implement the biological implant tracking system required by subsection (b) of section 7330B, as added by subsection (a), by not later than the date that is 180 days after the date of the enactment of this Act. (d) Reporting requirement If the biological implant tracking system required by subsection (b) of such section is not operational by the date that is 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall provide to the Committees on Veterans’ Affairs of the Senate and House of Representatives a written explanation for each month until such time as the system is operational. Each such explanation shall describe each impediment to the implementation of the system, steps being taken to remediate each such impediment, and target dates for a solution to each such impediment. 3. Procurement of biological implants used in Department of Veterans Affairs medical facilities (a) Procurement (1) In general Subchapter II of chapter 81 of such title is amended by adding at the end the following new section: 8129. Procurement of biological implants (a) In general (1) The Secretary may procure biological implants only from vendors that meet the following conditions: (A) The vendor uses the standard identification system adopted or implemented by the Secretary under section 7330B(a) of this title and has safeguards to ensure that a production identifier has been in place at each step of distribution of each biological implant from its donor. (B) The vendor is registered with the Food and Drug Administration under subpart B of part 1271 of title 21, Code of Federal Regulations, or any successor regulation, and in the case of a vendor that uses tissue distribution intermediaries, the vendor uses only tissue distribution intermediaries that are appropriately registered with the Food and Drug Administration. (C) The vendor ensures that donor eligibility determinations and such other records as the Secretary may require accompany each biological implant at all times, regardless of the country of origin of the donor of the biological material. (D) The vendor consents to periodic inspections and audits by the Department of Veterans Affairs regarding the accuracy of records and the handling of products. (E) The vendor agrees to cooperate with all biological implant recalls conducted on the vendor’s own initiative, by the request of the Food and Drug Administration, or by a statutory order of the Food and Drug Administration. (F) The vendor agrees to provide to the Secretary any adverse event report or warning letter of the Food and Drug Administration issued to the vendor by not later than 30 days after the vendor receives such report or warning letter. (G) The vendor agrees to retain all records associated with the procurement of a biological implant by the Department for at least five years after the date of the procurement of the biological implant. (H) The vendor maintains active accreditation with the American Association of Tissue Banks or a similar national accreditation specific to biological implants. (2) The Secretary shall procure biological implants under the Federal Supply Schedules of the General Services Administration, unless such implants are not available under such Schedules. For biological implants listed on the Federal Supply Schedules, the Secretary shall accommodate reasonable vendor requests to undertake outreach efforts to educate medical professionals of the Department about the use and efficacy of such biological implants. (3) Section 8123 of this title shall not apply to the procurement of biological implants. (4) In the case of biological implants that are unavailable for procurement under the Federal Supply Schedules, the Secretary shall procure such implants using competitive procedures in accordance with applicable law and the Federal Acquisition Regulation. (b) Penalties In addition to any applicable penalty under any other provision of law, any procurement employee of the Department who is found responsible for a biological implant procurement transaction with intent to avoid or with reckless disregard of the requirements of this section shall be ineligible to hold a certificate of appointment as a contracting officer or to serve as the representative of an ordering officer, contracting officer, or purchase card holder. (c) Definitions In this section: (1) The term biological implant shall have the meaning given such term in section 7330B(d) of this title. (2) The term production identifier means a distinct identification code that— (A) relates a biological implant to the donor of the implant and to all records pertaining to the implant; (B) includes information designed to facilitate effective tracking, using the distinct identification code, from the donor to the recipient and from the recipient to the donor; and (C) satisfies the requirements of subsection (c) of section 1271.290 of title 21, Code of Federal Regulations, or any successor regulation. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: 8129. Procurement of biological implants. . (b) Effective date Section 8129 of title 38, United States Code, as added by subsection (a), shall take effect on the date that is 180 days after the date on which the tracking system required under subsection (b) of section 7330B of such title, as added by section 2(a) is implemented. (c) Special rule for cryopreserved products During the three-year period beginning on the effective date of section 8129 of title 38, United States Code, as added by subsection (a), biological implants produced and labeled before that date may be procured by the Department of Veterans Affairs without relabeling under the standard identification system adopted or implemented under section 7330B of such title, as added by section 2(a).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4374ih/xml/BILLS-113hr4374ih.xml
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113-hr-4375
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I 113th CONGRESS 2d Session H. R. 4375 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Barber (for himself, Mr. Salmon , Ms. Sinema , Mr. Gosar , Mr. Grijalva , Mr. Franks of Arizona , Mrs. Kirkpatrick , Mr. Schweikert , and Mr. Pastor of Arizona ) 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 100 North Taylor Lane in Patagonia, Arizona, as the Jim Kolbe Post Office .
1. Jim Kolbe Post Office (a) Designation The facility of the United States Postal Service located at 100 North Taylor Lane in Patagonia, Arizona, shall be known and designated as the Jim Kolbe 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 Jim Kolbe Post Office. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4375ih/xml/BILLS-113hr4375ih.xml
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113-hr-4376
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I 113th CONGRESS 2d Session H. R. 4376 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Braley of Iowa 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 the Internal Revenue Code of 1986 to modify safe harbor requirements applicable to automatic contribution arrangements, and for other purposes.
1. Short title This Act may be cited as the Retirement Security Act of 2014 . 2. Elimination of disincentive to pooling for multiple employer plans (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe final regulations under which a plan described in section 413(c) of the Internal Revenue Code of 1986 may be treated as satisfying the qualification requirements of section 401(a) of such Code despite the violation of such requirements with respect to one or more participating employers. Such rules may require that the portion of the plan attributable to such participating employers be spun off to plans maintained by such employers. 3. Modification of ERISA rules relating to multiple employer defined contribution plans (a) In general (1) Requirement of common interest Section 3(2) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: (C) (i) A qualified multiple employer plan shall not fail to be treated as an employee pension benefit plan or pension plan solely because the employers sponsoring the plan share no common interest. (ii) For purposes of this subparagraph, the term qualified multiple employer plan means a plan described in section 413(c) of the Internal Revenue Code of 1986 which— (I) is an individual account plan with respect to which the requirements of clauses (iii), (iv), and (v) are met, and (II) includes in its annual report required to be filed under section 104(a) the name and identifying information of each participating employer. (iii) The requirements of this clause are met if, under the plan, each participating employer retains fiduciary responsibility for— (I) the selection and monitoring of the named fiduciary, and (II) the investment and management of the portion of the plan's assets attributable to employees of the employer to the extent not otherwise delegated to another fiduciary. (iv) The requirements of this clause are met if, under the plan, a participating employer is not subject to unreasonable restrictions, fees, or penalties by reason of ceasing participation in, or otherwise transferring assets from, the plan. (v) The requirements of this clause are met if each participating employer in the plan is an eligible employer as defined in section 408(p)(2)(C)(i) of the Internal Revenue Code of 1986, applied— (I) by substituting 500 for 100 in subclause (I) thereof, (II) by substituting 5 for 2 each place it appears in subclause (II) thereof, and (III) without regard to the last sentence of subclause (II) thereof. . (2) Simplified reporting for small multiple employer plans Section 104(a) of such Act ( 29 U.S.C. 1024(a) ) is amended by adding at the end the following: (7) (A) In the case of any eligible small multiple employer plan, the Secretary may by regulation— (i) prescribe simplified summary plan descriptions, annual reports, and pension benefit statements for purposes of section 102, 103, or 105, respectively, and (ii) waive the requirement under section 103(a)(3) to engage an independent qualified public accountant in cases where the Secretary determines it appropriate. (B) For purposes of this paragraph, the term eligible small multiple employer plan means, with respect to any plan year— (i) a qualified multiple employer plan, as defined in section 3(2)(C)(ii), or (ii) any other plan described in section 413(c) of the Internal Revenue Code of 1986 that satisfies the requirements of clause (v) of section 3(2)(C). . (b) Effective date The amendments made by this section shall apply to years beginning after December 31, 2014. 4. Secure deferral arrangements (a) In general Subsection (k) of section 401 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (14) Alternative method for secure deferral arrangements to meet nondiscrimination requirements (A) In general A secure deferral arrangement shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Secure deferral arrangement For purposes of this paragraph, the term secure deferral arrangement means any cash or deferred arrangement which meets the requirements of subparagraphs (C), (D), and (E) of paragraph (13), except as modified by this paragraph. (C) Qualified percentage For purposes of this paragraph, with respect to any employee, the term qualified percentage means, in lieu of the meaning given such term in paragraph (13)(C)(iii), any percentage determined under the arrangement if such percentage is applied uniformly and is— (i) at least 6 percent, but not greater than 10 percent, during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in paragraph (13)(C)(i) is made with respect to such employee, (ii) at least 8 percent during the first plan year following the plan year described in clause (i), and (iii) at least 10 percent during any subsequent plan year. (D) Matching contributions (i) In general For purposes of this paragraph, an arrangement shall be treated as having met the requirements of paragraph (13)(D)(i) if and only if the employer makes matching contributions on behalf of each employee who is not a highly compensated employee in an amount equal to the sum of— (I) 100 percent of the elective contributions of the employee to the extent that such contributions do not exceed 1 percent of compensation, (II) 50 percent of so much of such contributions as exceed 1 percent but do not exceed 6 percent of compensation, plus (III) 25 percent of so much of such contributions as exceed 6 percent but do not exceed 10 percent of compensation. (ii) Application of rules for matching contributions The rules of clause (ii) of paragraph (12)(B) and clauses (iii) and (iv) of paragraph (13)(D) shall apply for purposes of clause (i) but the rule of clause (iii) of paragraph (12)(B) shall not apply for such purposes. The rate of matching contribution for each incremental deferral must be at least as high as the rate specified in clause (i), and may be higher, so long as such rate does not increase as an employee’s rate of elective contributions increases. . (b) Matching contributions and employee contributions Subsection (m) of section 401 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (13) as paragraph (14) and by inserting after paragraph (12) the following new paragraph: (13) Alternative method for secure deferral arrangements A defined contribution plan shall be treated as meeting the requirements of paragraph (2) with respect to matching contributions and employee contributions if the plan— (A) is a secure deferral arrangement (as defined in subsection (k)(14)), (B) meets the requirements of clauses (ii) and (iii) of paragraph (11)(B), and (C) provides that matching contributions on behalf of any employee may not be made with respect to an employee’s contributions or elective deferrals in excess of 10 percent of the employee’s compensation. . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 5. Credit for employers with respect to modified safe harbor requirements (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements (a) General rule For purposes of section 38, in the case of a small employer, the safe harbor adoption credit determined under this section for any taxable year is the amount equal to the total of the employer's matching contributions under section 401(k)(14)(D) during the taxable year on behalf of employees who are not highly compensated employees, subject to the limitations of subsection (b). (b) Limitations (1) Limitation with respect to compensation The credit determined under subsection (a) with respect to contributions made on behalf of an employee who is not a highly compensated employee shall not exceed 2 percent of the compensation of such employee for the taxable year. (2) Limitation with respect to years of participation Credit shall be determined under subsection (a) with respect to contributions made on behalf of an employee who is not a highly compensated employee only during the first 5 years such employee participates in the qualified automatic contribution arrangement. (c) Definitions (1) In general Any term used in this section which is also used in section 401(k)(14) shall have the same meaning as when used in such section. (2) Small employer The term small employer means an eligible employer (as defined in section 408(p)(2)(C)(i)). (d) Denial of double benefit No deduction shall be allowable under this title for any contribution with respect to which a credit is allowed under this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended— (1) by striking plus at the end of paragraph (35), (2) by striking the period at the end of paragraph (36) and inserting , plus , and (3) by adding at the end the following new paragraph: (37) the safe harbor adoption credit determined under section 45S. . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 45R the following new item: Sec. 45S. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements. . (d) Effective date The amendments made by this section shall apply to taxable years that include any portion of a plan year beginning after December 31, 2014. 6. Modification of regulations The Secretary of the Treasury shall promulgate regulations or other guidance that— (1) simplify and clarify the rules regarding the timing of participant notices required under section 401(k)(13)(E) of the Internal Revenue Code of 1986, with specific application to— (A) plans that allow employees to be eligible for participation immediately upon beginning employment, and (B) employers with multiple payroll and administrative systems, and (2) simplify and clarify the automatic escalation rules under sections 401(k)(13)(C)(iii) and 401(k)(14)(C) of the Internal Revenue Code of 1986 in the context of employers with multiple payroll and administrative systems. Such regulations or guidance shall address the particular case of employees within the same plan who are subject to different notice timing and different percentage requirements, and provide assistance for plan sponsors in managing such cases. 7. Opportunity to claim the saver's credit on Form 1040EZ The Secretary of the Treasury shall modify the forms for the return of tax of individuals in order to allow individuals claiming the credit under section 25B of the Internal Revenue Code of 1986 to file (and claim such credit on) Form 1040EZ.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4376ih/xml/BILLS-113hr4376ih.xml
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113-hr-4377
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I 113th CONGRESS 2d Session H. R. 4377 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Chabot (for himself and Mr. Crowley ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To place conditions on assistance to the Government of Burma.
1. Short title This Act may be cited as the Burma Human Rights and Democracy Act of 2014 . 2. Assistance for the Government of Burma (a) Limitation (1) In general No funds authorized to be appropriated or otherwise made available for fiscal year 2014 or 2015 may be made available for security assistance described in paragraph (2) to the Government of Burma unless the Secretary of State certifies to the appropriate congressional committees that— (A) the Government of Burma has taken concrete steps toward— (i) establishing civilian oversight of the armed forces; (ii) addressing human rights abuses by the Burmese military, including publicly acknowledging that human rights abuses have been and continue to be committed by the Burmese military, and committing to a zero tolerance policy against such human rights abuses; and (iii) terminating military relations with North Korea; (B) the Government of Burma has taken concrete steps to establish a fair, transparent and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and all ethnic minority groups, and the constitutional reform process will provide the basis for free, fair, and competitive elections in Burma; (C) the Government of Burma has amended its constitution and laws to ensure civilian control of the military and implemented reforms to increase the transparency and accountability of the military’s budget and operations, and the Burmese military has taken substantial and meaningful steps to divest itself from ownership of commercial businesses; (D) the Government of Burma is showing meaningful and well-documented efforts to promote peace agreements or political reconciliation and equal and fair treatment of all ethnic groups in conflict areas or areas of unrest, and to actively address the resettlement and humanitarian situation of displaced persons; and (E) the Burmese military is— (i) improving its human rights record, as measured by consistent decreases in reports of forced labor, indefinite detention, torture, or cruel, inhumane, and degrading treatment of detainees, and use in armed conflict of indiscriminate or disproportionate methods and means of attack; (ii) demonstrating a genuine interest in reform by ceasing attacks against ethnic minority groups in both ceasefire and non-ceasefire areas; (iii) taking steps to withdraw forces from conflict zones, including by halting the use of soldiers in economic development projects; (iv) adhering to the conditions of ceasefire agreements; and (v) signing and implementing a code of conduct. (2) Definition In this subsection, the term security assistance means— (A) assistance under chapter 2 (military assistance), chapter 5 (military education and training), or chapter 6 (peacekeeping operations) of part II of the Foreign Assistance Act of 1961; (B) assistance under chapter 8 of part II of the Foreign Assistance Act of 1961, chapter 9 of part II of such Act, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining programs and activities to be carried out by or in conjunction with military units or personnel of a foreign country; (C) sales of defense articles or defense services, extensions of credits (including participations in credits), and guaranties of loans under the Arms Export Control Act; or (D) any license in effect with respect to the export of defense articles or defense services to or for the armed forces, police, intelligence, or other internal security forces of Burma under section 38 of the Arms Export Control Act. (3) Applicability to FY 2014 funds The limitation on the availability of funds under this subsection for fiscal year 2014 shall apply with respect to funds that are unobligated as of the date of the enactment of this Act. (4) Sense of Congress Nothing in this Act should be construed either to prevent participation by Burmese authorities in training on civil-military relations and human rights, as carried out by the Defense Institute of International Legal Studies, or to prevent United States disaster assistance in Burma. (b) Report (1) In general Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the strategy for, and plans and status of, engagement between the United States and the Burmese military. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A description and assessment of the Government of Burma’s strategy for security sector reform, an identification and comprehensive analysis of those reform elements that the United States Government should support, and a multi-year cost estimate for providing such support. (B) The United States strategy for the relationship between the United States and the Burmese military, including a description of how and why such engagements are necessary for United States national security. (C) An assessment of the human rights record of the Burmese military over the past decade, including— (i) an account of violations of human rights and laws of armed conflict by the Burmese military and all paramilitary and security forces under its command, including against ethnic minority groups; (ii) a description of efforts by the Burmese military to implement human rights reforms; and (iii) a description of progress in the relationship between the United States and the Burmese military and such reforms. (D) An assessment of any substantial and meaningful steps taken by the Burmese military to implement reforms to increase transparency and accountability of the military’s budget and operations and to divest itself from ownership of commercial business. (E) A list of ongoing activities conducted by the United States Government and other international donors with the Burmese military, including a description of each such activity. (F) An update on activities that were listed in previous reporting. (G) A list of activities that are planned to occur over the upcoming year, with a written description of each. (H) A description of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including the steps taken by the Burmese military to demonstrate respect for ceasefires, laws of armed conflict, and human rights provisions prohibiting rape, torture, forced labor, trafficking, and the use of child soldiers. (I) A description of the concrete steps the Government of Burma has taken— (i) to establish a fair, transparent, and inclusive process to amend the Constitution of Burma; (ii) to promote peace agreements or political reconciliation and equal and fair treatment of all ethnic groups in conflict areas or areas of unrest; and (iii) to actively address the resettlement and humanitarian situation of displaced persons. (J) An assessment of the status of the Burmese military’s cooperation with civilian authorities to investigate and resolve cases of human rights violations. (3) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
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113-hr-4378
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I 113th CONGRESS 2d Session H. R. 4378 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Grijalva (for himself and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of Health and Human Services to issue to Federal agencies guidelines for developing procedures and requirements relating to certain primary care Federal health professionals completing continuing medical education on nutrition and to require Federal agencies to submit annual reports relating to such guidelines, and for other purposes.
1. Short title This Act may be cited as the Education and Training for Health Act of 2014 or the EAT for Health Act of 2014 . 2. Findings Congress finds the following: (1) In 2012, United States health care spending was approximately $8,233 per resident and accounted for 17.6 percent of the Nation’s gross domestic product. This is among the highest of all industrialized countries. (2) Expenditures in the United States on health care surpassed $2.6 trillion in 2011, more than three times the $714 billion spent in 1990, and over eight times the $253 billion spent in 1980. (3) Estimates of health care costs attribute over 75 percent of national health expenditures to treatment for chronic diseases. (4) A March 2003 report from the World Health Organization concluded diet was a major cause of chronic diseases. (5) Seven out of 10 deaths among people in the United States each year are from chronic diseases such as cardiovascular disease, obesity, diabetes, and cancer. (6) Approximately 81.1 million American adults in the United States have at least one form of cardiovascular disease. Approximately 2,300 American adults in the United States die every day from cardiovascular disease. In 2010, cardiovascular disease cost American taxpayers $189.4 billion. The American Heart Association estimates that, by 2030, direct costs related to cardiovascular disease will triple to around $818 billion. (7) Research has shown that following a healthful diet can not only reduce symptoms related to cardiovascular disease but also actually reverse damage done to the arteries. (8) Two-thirds of adults in the United States are currently overweight, and half of those overweight individuals are obese. One in three children are now overweight, and one-fifth of children are obese. In 2008, direct medical costs associated with obesity totaled $147 billion. (9) An estimated 25.8 million people in the United States have diabetes. Another 79 million American adults in the United States have prediabetes. The Centers for Disease Control and Prevention predict that one in three children born in 2000 will develop diabetes at some point in their lives. Total estimated costs of diagnosed diabetes have increased 41 percent, to $245 billion in 2012 from $174 billion in 2007. Research shows that reducing fat in the diet can reverse the symptoms of type 2 diabetes, not just manage the symptoms. (10) Cancer kills approximately 570,000 Americans each year, accounting for one in four deaths. More than 1.5 million new cancer cases are diagnosed annually. In 2010, the direct costs of cancer were $102.8 billion. Estimates expect that number to rise to $172 billion by 2020. (11) According to the Journal of the American College of Nutrition, physicians feel inadequately trained to provide proper nutrition advice. Ninety-four percent feel nutrition counseling should be included during primary care visits, but only 14 percent felt adequately trained to provide such counseling. (12) A 1985 National Academy of Sciences report recommended that all medical schools require at least 25 contact hours of nutrition education. In 2004, only 38 percent of medical schools met these minimum standards by requiring 25 hours of nutrition education as part of their general curricula. By 2010, that number had shrunk to 27 percent. (13) In 2004, 30 percent of United States medical schools required a dedicated nutrition course. In 2010, only 25 percent of such schools required such a course. (14) According to a 2009 national survey of medical colleges published in Academic Medicine, more than half of graduating medical students feel their nutrition education is insufficient. 3. Department of Health and Human Services guidelines, and Federal agencies annual reports, relating to certain primary care Federal health professionals completing continuing medical education on nutrition (a) Guidelines Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidelines to Federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have at least 6 credits of continuing medical education courses relating to nutrition (as described in subsection (c)). (b) Annual reports For 2016 and each subsequent year, the head of each Federal agency that employs full-time primary care health professionals shall submit to Congress a report attesting, in a form and manner specified by the Secretary of Health and Human Services, to the extent to which the agency has adopted and enforced the guidelines issued under subsection (a) with respect to such professionals employed by such agency during any portion of the previous year. If the agency, with respect to such previous year, did not fully adopt and enforce such guidelines with respect to such professionals, the head of the agency shall include in the report for the year the percentage of such professionals employed by such agency to furnish primary care services who during such previous year completed 6 credits of continuing medical education courses relating to nutrition (as described in subsection (c)). (c) Continuing medical education relating to nutrition For purposes of subsections (a) and (b), continuing medical education courses relating to nutrition shall include at least courses on the role of nutrition in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer. (d) Definitions For purposes of this Act: (1) Primary care health professional The term primary care health professional means a physician or nurse practitioner who furnishes primary care services. (2) Nurse practitioner The term nurse practitioner has the meaning given such term in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5)). (3) Physician The term physician has the meaning given such term in section 1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)(1)). (4) Primary care services The term primary care services has the meaning given such term in section 1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)), but shall include such services furnished by a nurse practitioner as would otherwise be included if furnished by a physician.
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113-hr-4379
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I 113th CONGRESS 2d Session H. R. 4379 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit any appropriation of funds for the National Labor Relations Board.
1. Funding prohibition No funds are authorized to be appropriated for the National Labor Relations Board.
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113-hr-4380
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I 113th CONGRESS 2d Session H. R. 4380 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit gun confiscation and registration.
1. Short title This Act may be cited as the Gun Confiscation and Registration Prevention Act . 2. Prohibiting gun confiscation and registration None of the funds made available through the NICS Improvement Amendments Act of 2007 or the Community Oriented Policing Services [COPS] Program shall be provided to any jurisdiction which: (a) maintains a registry of gun ownership; or (b) conducts a program of gun confiscation directed at any firearm which is not prohibited by Federal law or any group of persons who are not prohibited from possessing a firearm under Federal law.
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113-hr-4381
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I 113th CONGRESS 2d Session H. R. 4381 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect the privacy of individuals' personal genetic information and other personal identifier information.
1. Short title This Act may be cited as the Biometric Information Privacy Act . 2. Congressional findings Congress finds: (1) Personal genomics is a growing industry where there is nothing to prevent firms from passing personal genetic information to a third party. (2) Technology companies increasingly use biometric information in security features where there is nothing to prevent them from passing that information to a third party. 3. Definitions (a) The term personal physiological biometric information is defined as: (1) Genetic information. (2) Finger prints. (3) Palm prints. (4) Hand geometry. (5) Iris scans. (6) Retina scans. (7) Eye vein scans. (b) The term business entity is defined as any: (1) Organization. (2) Corporation. (3) Trust. (4) Partnership. (5) Sole Proprietorship. (6) Unincorporated association. (7) Venture established to make a profit. (8) Nonprofit. 4. General authorization (a) Offense A business entity, governmental entity, or person who knowingly— (1) fraudulently obtains personal physiological biometric information relating to an individual; or (2) discloses personal physiological biometric information without permission from the individuals to which the personal physiological biometric information pertains, shall be punished as provided in subsection (b). (b) Penalties A business entity, governmental entity, or person described in subsection (a) shall— (1) be fined not more than $50,000, imprisoned not more than 1 year, or both; (2) if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and (3) if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both. 5. Disclosure of information to governmental entity pursuant to court order A governmental entity may obtain personal physiological biometric information pursuant to a court order only if, in the court proceeding relevant to such court order— (1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and (2) the subject of the information is afforded the opportunity to appear and contest such entity's claim. 6. Enforcement The Attorney General shall enforce violations of section 4 and section 5. 7. Effective date The provisions of this Act shall take effect immediately upon enactment.
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113-hr-4382
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I 113th CONGRESS 2d Session H. R. 4382 IN THE HOUSE OF REPRESENTATIVES April 2, 2014 Mr. Bridenstine (for himself and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To streamline the collection and distribution of government information.
1. Findings Congress finds the following: (1) The National Technical Information Service (referred to in this Act as NTIS ), the National Archives and Records Administration, the Government Accountability Office (referred to in this section as GAO ), and the Library of Congress all collect, categorize, and distribute government information. (2) NTIS was established in 1950, more than 40 years before the creation of the Internet. (3) NTIS is tasked with collecting and distributing government-funded scientific, technical, engineering, and business-related information and reports. (4) GAO found that NTIS sold only 8 percent of the 2,500,000 reports in its collection between 1995 and 2000. (5) A November 2012 GAO review of NTIS made the following conclusions: (A) Of the reports added to NTIS’s repository during fiscal years 1990 through 2011, GAO estimates that approximately 74 percent were readily available from other public sources. . (B) These reports were often available either from the issuing organization’s website, the Federal Internet portal (http://www.USA.gov) or from another source located through a web search. . (C) The source that most often had the report [GAO] was searching for was another website located through http://www.Google.com. . (D) 95 percent of the reports available from sources other than NTIS were available free of charge. . (6) No Federal agency should use taxpayer dollars to purchase a report from the National Technical Information Service that is available through the Internet for free. (7) As far back as 1999, Secretary of Commerce William Daley— (A) admitted that the National Technical Information Service would eventually outlive its usefulness and be unable to sustain its revenue-losing profit model; (B) explained that declining sales revenues soon would not be sufficient to recover all of NTIS’ operating costs ; and (C) attributed this decline to other agencies’ practice of making their research results available to the public for free through the Web . (8) According to the November 2012 GAO report— (A) NTIS product expenditures exceeded revenues for 10 out of the past 11 fiscal years. ; (B) The agency lost, on average, about $1.3 million over the last 11 years on its products. ; and (C) The decline in revenue for its products continues to call into question whether NTIS’s basic statutory function of acting as a self-financing repository and disseminator of scientific and technical information is still viable. . (9) NTIS has compensated for its lost revenue by charging other Federal agencies for various services that are not associated with NTIS’s primary mission. (10) Future technological advances will ensure that the services offered by NTIS are even more superfluous for essential government functions than they are today. 2. National Technical Information Service (a) Repeal Effective on the date that is 1 year after the date of the enactment of this Act, the National Technical Information Act of 1988 (subtitle B of title II of Public Law 100–519; 15 U.S.C. 3704b ) is repealed. (b) Transfer of critical functions (1) Consultation requirement The Secretary of Commerce, the Archivist of the United States, the Comptroller General of the United States, and the Commissioner of Social Security shall consult with the Director of the Office of Management and Budget to determine if any function of the National Technical Information Service is critical to the economy of the United States. (2) GAO certification The Comptroller General shall determine which of the critical functions identified pursuant to paragraph (1) are not being carried out by any other agency or instrumentality of the Federal Government. (3) Transfers authorized Before the effective date set forth in subsection (a), the Secretary of Commerce may transfer the responsibility for any critical function of NTIS (as identified under paragraph (1)) that is not otherwise being carried out (as determined under paragraph (2)) to another office within the Department of Commerce. (c) Abolition of functions Except for the functions transferred pursuant to subsection (b), all functions of the National Technical Information Service immediately before the repeal date described in subsection (a) are abolished on such repeal date. 3. Secretary of Commerce certification Before the effective date set forth in section 2(a), the Secretary of Commerce shall submit a written certification to the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives that all of the operations of the National Technical Information Service have been terminated.
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113-hr-4383
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I 113th CONGRESS 2d Session H. R. 4383 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Pittenger (for himself and Mr. Heck of Washington ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Financial Protection Act of 2010 to establish a Small Business Advisory Board, and for other purposes.
1. Short title This Act may be cited as the Bureau of Consumer Financial Protection Small Business Advisory Board Act . 2. Establishment of a Small Business Advisory Board within the Bureau of Consumer Financial Protection (a) In general The Consumer Financial Protection Act of 2010 is amended by inserting after section 1014 (12 U.S.C. 5494) the following new section: 1014A. Small Business Advisory Board (a) Establishment The Director shall establish a Small Business Advisory Board— (1) to advise and consult with the Bureau in the exercise of the Bureau’s functions under the Federal consumer financial laws applicable to eligible financial products or services; and (2) to provide information on emerging practices of small business concerns that provide eligible financial products or services, including regional trends, concerns, and other relevant information. (b) Membership (1) Number The Director shall appoint no fewer than 12 members to the Small Business Advisory Board. (2) Qualification Members appointed pursuant to paragraph (1) shall be representatives of small business concerns that provide eligible financial products or services. (c) Meetings The Small Business Advisory Board— (1) shall meet from time to time at the call of the Director; and (2) shall meet at least twice each year. (d) Compensation and travel expenses Members of the Small Business Advisory Board who are not full-time employees of the United States shall— (1) be entitled to receive compensation at a rate fixed by the Director while attending meetings of the Small Business Advisory Board, including travel time; and (2) be allowed travel expenses, including transportation and subsistence, while away from their homes or regular places of business. (e) Definitions In this section— (1) the term eligible financial product or service means a financial product or service that is offered or provided for use by consumers primarily for personal, family, or household purposes as described in clause (i), (iii), (v), (vi), or (ix) of section 1002(15)(A); and (2) the term small business concern has the meaning given such term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). . (b) Table of contents amendment The table of contents of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by inserting after the item related to section 1014 the following new item: Sec.1014A. Small Business Advisory Board. .
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113-hr-4384
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I 113th CONGRESS 2d Session H. R. 4384 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Ms. Eshoo (for herself, Ms. Lofgren , Ms. Matsui , Mr. Carson of Indiana , Mr. Huffman , Mr. Vargas , and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on the Budget , Armed Services , and Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the establishment of a fund to provide for an expanded and sustained national investment in biomedical research.
1. Short title This Act may be cited as the America Helping Encourage Advancements in Lifesaving Science or the America HEALS Act . 2. Biomedical Research Fund (a) Purpose It is the purpose of this section to establish a Biomedical Research Fund (referred to in this section as the Fund ), to be administered by the Secretary of the Treasury, to provide for an expanded and sustained national investment in biomedical research through the programs and agencies described in subsection (b)(2). (b) Use of fund (1) In general For each fiscal year, amounts shall be transferred from the Fund to the accounts related to the programs and agencies described in paragraph (2) to ensure that funding for such programs and agencies for such fiscal year does not fall below 105 percent of the level of funding provided for the fiscal year immediately preceding the fiscal year for which the determination is being made and an additional amount to account for any increases in the Gross Domestic Product for the year involved. (2) Agencies The programs and agencies described in this paragraph are the following: (A) The National Institutes of Health. (B) The Centers for Disease Control and Prevention. (C) The Department of Defense health program. (D) The medical and prosthetics research program of the Department of Veterans Affairs. (c) Minimum continued funding requirement Amounts appropriated for each of the programs and agencies described in subsection (b)(2) for a fiscal year shall not be less than the amounts appropriated for such programs and agencies for fiscal year 2014. (d) Funding There are hereby authorized to be appropriated, and appropriated, to the Fund, out of any monies in the Treasury not otherwise appropriated, such sums as may be necessary in each fiscal year to enable the transfers to be made in accordance with subsection (b)(1). (e) Transfer authority The Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives may provide for the transfer of funds in the Fund to eligible programs and agencies under this section, subject to subsection (b). (f) Exemption of certain payments from sequestration (1) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act ( 2 U.S.C. 905(g)(1)(A) ) is amended by inserting after Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600). the following: Biomedical Research Fund. . (2) Applicability The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ) on or after the date of enactment of this Act.
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113-hr-4385
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I 113th CONGRESS 2d Session H. R. 4385 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Burgess (for himself and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide for the designation of maternity care health professional shortage areas.
1. Maternity care health professional shortage areas Section 332 of the Public Health Service Act ( 42 U.S.C. 254e ) is amended by adding at the end the following new subsection: (k) (1) The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall designate maternity care health professional shortage areas in the States and at least annually thereafter review and, as necessary, revise such designations. (2) In carrying out paragraph (1), and in applying subsection (b) pursuant to paragraph (4), the Secretary shall seek input from relevant provider organizations, including medical societies, organizations representing medical facilities, and other organizations with expertise in maternity care. (3) In applying subsection (d), pursuant to paragraph (4), the Secretary shall collect and publish in the Federal Register data on health care professional shortage areas based on professional category of maternal health professionals providing full scope maternity health care by provider type as well as geographic region. Such data shall be presented in a manner to compare availability and need of such professionals by such professional category and geographic region. (4) The provisions of subsections (b), (c), (d), (e), (f), (g), (h), (i), and (j) (other than (j)(1)(B)) of this section shall apply to the designation of a maternity care health professional shortage area under this subsection in a similar manner and extent as such provisions apply to the designation of health professional shortage areas under subsection (a), except— (A) in applying subsection (b)(3), the reference in such subsection to physicians shall be deemed to be a reference to physicians and other health professionals as providing maternity care eligible for loan repayment under this part who provide full scope maternity care; (B) in applying subsection (d)— (i) the reference in paragraph (2) of such subsection to July 1 of 1991 shall be deemed to be a reference to July 1 of 2016 ; and (ii) the descriptive list required under such paragraph, with respect to a maternity care health professional shortage area designated under paragraph (1), shall include— (I) population groups in the area that would benefit from full scope maternity care health services; and (II) the providers and medical facilities that provide such services to such groups in such area; and (C) in applying such provisions of subsections (b), (c), (e), (f), (g), (h), (i), and (j), a reference to an area, population group, or facility shall be deemed to be a reference to an area or population group described in paragraph (5). (5) For purposes of this subsection: (A) The term ‘maternity care health professional shortage area’ means— (i) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a shortage of providers of full scope maternity care health services; (ii) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a shortage of hospital or birth center labor and delivery units; or (iii) a population group which the Secretary determines has such a shortage of maternal providers or facilities. (B) The term full scope maternity care health services includes during labor care, birthing, prenatal care, and postpartum care. (C) The term medical facility has the meaning given such term in subsection (a)(2) and includes a freestanding birth center, as defined in section 1905(l)(3)(B) of the Social Security Act. .
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113-hr-4386
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I 113th CONGRESS 2d Session H. R. 4386 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Ellison (for himself, Mr. Paulsen , Mr. Duffy , Mr. Hinojosa , Mrs. Carolyn B. Maloney of New York , Mr. Pittenger , Mr. Cramer , Mr. Smith of Washington , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To allow the Secretary of the Treasury to rely on State examinations for certain financial institutions, and for other purposes.
1. Short title This Act may be cited as the Money Remittances Improvement Act of 2014 . 2. Compliance authority for certain reporting requirements (a) Compliance with reporting requirements on monetary instrument transactions Section 5318(a) of title 31, United States Code, is amended— (1) in paragraph (5), by striking and at the end; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: (6) rely on examinations conducted by a State supervisory agency of a category of financial institution, if the Secretary determines that— (A) the category of financial institution is required to comply with this subchapter and regulations prescribed under this subchapter; or (B) the State supervisory agency examines the category of financial institution for compliance with this subchapter and regulations prescribed under this subchapter; and . (b) Compliance with reporting requirements of other financial institutions Section 128 of Public Law 91–508 ( 12 U.S.C. 1958 ) is amended— (1) by striking this title and inserting this chapter and section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ) ; and (2) by inserting at the end the following: The Secretary may rely on examinations conducted by a State supervisory agency of a category of financial institution, if the Secretary determines that the category of financial institution is required to comply with this chapter and section 21 of the Federal Deposit Insurance Act (and regulations prescribed under this chapter and section 21 of the Federal Deposit Insurance Act), or the State supervisory agency examines the category of financial institution for compliance with this chapter and section 21 of the Federal Deposit Insurance Act (and regulations prescribed under this chapter and section 21 of the Federal Deposit Insurance Act). . (c) Consultation with State agencies In issuing rules to carry out section 5318(a)(6) of title 31, United States Code, and section 128 of Public Law 91–508 ( 12 U.S.C. 1958 ), the Secretary of the Treasury shall consult with State supervisory agencies.
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113-hr-4387
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I 113th CONGRESS 2d Session H. R. 4387 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Garrett introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Financial Stability Act of 2010 to require the Financial Stability Oversight Council to hold open meetings and comply with the requirements of the Federal Advisory Committee Act, to provide additional improvements to the Council, and for other purposes.
1. Short title This Act may be cited as the FSOC Transparency and Accountability Act . 2. Financial Stability Oversight Council transparency (a) Transparency Section 111 of the Financial Stability Act of 2010 ( 12 U.S.C. 5321 ) is amended— (1) by striking subsection (g) (relating to the nonapplicability of FACA); and (2) by inserting after subsection (f) the following: (g) Open meeting requirement The Council shall be an agency for purposes of section 552b of title 5, United States Code (commonly referred to as the Government in the Sunshine Act ). . (b) Council membership Section 111(b) of such Act is amended— (1) in paragraph (1)— (A) by striking who shall each and inserting who shall, except as provided below, each ; (B) by amending subparagraph (B) to read as follows: (B) each member of the Board of Governors, who shall collectively have 1 vote on the Council; ; (C) by amending subparagraph (E) to read as follows: (E) each member of the Commission, who shall collectively have 1 vote on the Council; ; (D) by amending subparagraph (F) to read as follows: (F) each member of the Corporation, who shall collectively have 1 vote on the Council; ; (E) by amending subparagraph (G) to read as follows: (G) each member of the Commodity Futures Trading Commission, who shall collectively have 1 vote on the Council; ; and (F) by amending subparagraph (I) to read as follows: (I) each member of the National Credit Union Administration Board, who shall collectively have 1 vote on the Council; ; and (2) by adding at the end the following: (4) Voting by multi-person entity (A) Voting within the entity An entity described under subparagraph (B), (E), (F), (G) or (I) shall determine the entity’s Council vote by using the voting process normally applicable to votes by the entity’s members. (B) Casting of entity vote The 1 collective Council vote of an entity described under subparagraph (A) shall be cast by the head of such agency or, in the event such head is unable to cast such vote, the next most senior member of the entity available. . (c) Meeting oversight and access Section 111(e) of such Act is amended by adding at the end the following: (3) Staff access Any member of the Council may select to have one or more individuals on the member’s staff attend a meeting of the Council, including any meeting of representatives of the member agencies other than the members themselves. (4) Congressional oversight All meetings of the Council, whether or not open to the public, shall be open to the attendance by, and participation of, members of the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (5) Member agency meetings Any meeting of representatives of the member agencies other than the members themselves shall be open to attendance by, and participation of, staff of the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. .
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113-hr-4388
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I 113th CONGRESS 2d Session H. R. 4388 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Gosar (for himself, Mr. Daines , Mr. Schweikert , Mr. Young of Alaska , Mr. Cole , Mr. Mullin , Mr. Tipton , Mr. Carney , Mr. Franks of Arizona , Mr. Salmon , Ms. McCollum , Mr. Honda , Mr. Faleomavaega , and Mrs. Kirkpatrick ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the American Indian Trust Review Commission, and for other purposes.
1. Short title This Act may be cited as the American Indian Trust Responsibility Review Act of 2014 . 2. Congressional findings Congress finds as follows: (1) The Final Report of the American Indian Policy Review Committee, published in 1977, made a number of recommendations regarding the United States administration of its trust relationship with federally recognized Indian tribes and their members, many of which have not been implemented. (2) There has been no general, comprehensive review of the United States trust relationship with federally recognized Indian tribes since the publication of the Final Report of the American Indian Policy Review Committee. (3) The trust relationship has evolved over time and there is a clear need to re-examine the administration of the United States constitutional trust responsibility. (4) The duties administered by Federal agencies charged with protecting federally recognized Indian tribal trust resources and providing services often conflict with other duties discharged by the same or separate Federal agencies and departments and it is the beneficiaries of the trust relationship that suffer as a result. (5) In carrying out its trust responsibilities to federally recognized Indian tribes and their members, it is crucial that Congress have the benefit of a review of the United States trust relationship with federally recognized Indian tribes to improve its ability to exercise oversight over the Executive Branch, pursue policies to empower tribal self-determination, and better administer the trust relationship. 3. Declaration Congress declares that it is timely and essential to conduct a review of the current state of the United States unique trust relationship with federally recognized Indian tribes and their members in order to better administer constitutional trust responsibilities and make necessary revisions in relevant trust statutes, regulations, and policies for the benefit of American Indian people. 4. Establishment of the American Indian Trust Review Commission (a) Establishment In order to carry out the purposes of this Act, there is hereby established the American Indian Trust Review Commission, hereinafter referred to as the Commission . (b) Membership (1) Composition The Commission shall be composed of 12 members, of whom— (A) 4 shall be appointed by the President, in consultation with the Secretary of the Interior; (B) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Natural Resources of the House of Representatives; (C) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives; (D) 3 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairman of the Committee on Indian Affairs; and (E) 1 shall be appointed by the Minority Leader of the Senate, in consultation with the Vice Chairman of the Committee on Indian Affairs. (2) Diversity of qualifications In making appointments to the Commission, every effort shall be made to select individuals whose qualifications are not already represented by other members of the Commission. (3) Term Each member shall be appointed for the life of the Commission. (4) Time for Initial Appointments The appointment of the members of the Commission shall be made no later than 60 days after the date of enactment of this Act. (c) Commission organization At its organizational meeting, the members of the Commission appointed pursuant to subsection (b)(1) of this section shall elect from their members, a Chairman and Vice Chairman immediately thereafter. (d) Vacancies Vacancies in the membership of the Commission shall not affect the power of the remaining members to execute the functions of the Commission and shall be filled in the same manner as in the case of the original appointment of the member whose seat is vacated. (e) Quorum Eight members of the Commission shall constitute a quorum, but a smaller number, as determined by the Commission, may conduct hearings. 5. Duties of the Commission (a) Investigation; study The Commission shall conduct a comprehensive review of the unique trust relationship between the United States and federally recognized Indian tribes. The study shall include— (1) a study and analysis of the Constitution, and relevant treaties, compacts, statutes, judicial interpretations, and Executive Orders to determine the attributes of the unique trust relationship between the Federal Government, and federally recognized Indian tribes; (2) a review of the policies, practices, and structure of the Federal agencies charged with protecting Indian tribal trust resources and providing services to Indians; (3) a management study of the Bureau of Indian Affairs and its ability to discharge its trust responsibilities without conflicting with the duties of other Federal agencies and departments; (4) a review of relevant statutes, regulations, and policies to determine the feasibility of authorizing Indian tribes, in their discretion, to assume some or all of the functions, programs, services, and activities now currently undertaken and provided by the Federal Government; (5) a compilation, collection, and analysis of data necessary to understand the extent of the needs of federally recognized Indian tribes, including the adequacy of educational systems, health care, public safety, and infrastructure; (6) the feasibility of creating high-level positions within the Executive Branch to provide federally recognized Indian tribes with maximum participation in policy formation and program development, and the viability of a mechanism to ensure the continuation of critical programs for federally recognized Indian tribes; (7) an examination of the appropriate role of State and local governments involvement in actions that permit government and public input and the degree to which the Federal Government can adequately balance those interests without conflicting with its trust responsibilities towards federally recognized Indian tribes; and (8) the recommendations modifying existing laws, procedures, regulations, policies, and practices as will, in the judgment of the Commission, best serve to carry out the policy and declarations of the purposes of the Commission. (b) Hearings (1) In general The Commission shall hold hearings, meet, act, take testimony, and receive evidence as the Commission considers to be advisable to carry out the duties of the Commission under this Act. (2) Public Requirement The hearings of the Commission shall be open to the public and held in geographically diverse locations. (3) Preference When considering hearing witnesses, the Commission shall exercise a preference to invite elected officials from a federally recognized Indian tribe before seeking participation from any tribal organization. 6. Powers of the Commission (a) Commission rules The Commission may make rules respecting its organization and procedures, as it deems necessary, except that no recommendations shall be reported from the Commission unless a majority of the Commission assents. (b) Information from Federal, tribal, State, and local agencies (1) In General The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this Act. (2) Tribal, State, and local Agencies The Commission may request the head of any agency of a federally recognized Indian tribe, State, or unit of local government to provide the Commission with such information as the Commission considers necessary to carry out this Act. 7. Commission personnel (a) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (b) Staff (1) In general The Chairperson of the Commission, in consultation with the Vice Chairman of the Commission, may— (A) without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties; and (B) fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (2) Executive director subject to confirmation The employment of an executive director shall be subject to confirmation by the Commission by a majority of Commission members voting. (c) Detail of government employees At the request of the Commission, and in the discretion of the relevant agency, any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 8. Report of the commission (a) In general Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that contains— (1) a detailed statement of findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers appropriate. (b) Extension The President may grant an extension to allow the report required under subsection (a) to be submitted not later than 3 years after the date of the enactment of this Act. (c) Online access The Commission shall make the report required by paragraph (1) publically available on the website of the Department of the Interior. 9. Nonappplicability of the FACA The Federal Advisory Committee Act ( 5 U.S.C. App. 2 ) shall not apply to the Commission. 10. Termination of the commission The Commission shall terminate 30 days after the Commission submits its report under section 8.
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113-hr-4389
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I 113th CONGRESS 2d Session H. R. 4389 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Burgess introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the Secretary of Homeland Security from granting a work authorization to an alien found to have been unlawfully present in the United States.
1. Short title This Act may be cited as the Equal Protection for American Workers Act . 2. Prohibition on certain work authorizations Effective beginning on the date of the enactment of this Act, the Secretary of Homeland Security is prohibited from granting a work authorization to an alien who has been finally determined, in a valid immigration proceeding during which due process was afforded, to have been at any time unlawfully present in the United States.
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113-hr-4390
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I 113th CONGRESS 2d Session H. R. 4390 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Cárdenas (for himself, Ms. Bass , Mr. Grijalva , Ms. Norton , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to protect the enrollment of incarcerated youth for medical assistance under the Medicaid program, and for other purposes.
1. Short title This Act may be cited as the At-Risk Youth Medicaid Protection Act of 2014 . 2. At-risk youth Medicaid protection (a) In general Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)— (A) by striking and at the end of paragraph (80); (B) by striking the period at the end of paragraph (81) and inserting ; and ; and (C) by inserting after paragraph (81) the following new paragraph: (82) provide that— (A) the State shall not terminate (but may suspend) enrollment under a State plan for medical assistance for an individual who is an eligible juvenile (as defined in subsection (ll)(2)) because the juvenile is an inmate of a public institution (as defined in subsection (ll)(3)); (B) the State shall automatically restore enrollment for such medical assistance to such an individual upon the individual’s release from any such public institution and shall take all necessary steps to ensure the enrollment is effective immediately upon release from such institution, unless (and until such date as) there is a determination that the individual no longer meets the eligibility requirements for such medical assistance; and (C) the State shall process any application for medical assistance submitted by, or on behalf of, a juvenile who is an inmate of a public institution notwithstanding that the juvenile is such an inmate. ; and (2) by adding at the end the following new subsection: (ll) Juvenile; eligible juvenile; public institution For purposes of subsection (a)(82) and this subsection: (1) Juvenile The term juvenile means an individual who is— (A) under 19 years of age (or such higher age as the State has elected under section 475(8)(B)(iii)); or (B) is described in subsection (a)(10)(A)(i)(IX). (2) Eligible juvenile The term eligible juvenile means a juvenile who is an inmate of a public institution and was enrolled for medical assistance under the State plan immediately before becoming an inmate of such a public institution or who becomes eligible to enroll for such medical assistance while an inmate of a public institution. (3) Inmate of a public institution The term inmate of a public institution has the meaning given such term for purposes of applying the subdivision (A) following paragraph (29) of section 1905(a), taking into account the exception in such subdivision for a patient of a medical institution. . (b) No change in exclusion from medical assistance for inmates of public institutions Nothing in this section shall be construed as changing the exclusion from medical assistance under the subdivision (A) following paragraph (29) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ), including any applicable restrictions on a State submitting claims for Federal financial participation under title XIX of such Act for such assistance. (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall apply to eligibility and enrollment of juveniles who become inmates of public institutions on or after the date that is 1 year after the date of the enactment of this Act. (2) Rule for changes requiring state legislation In the case of a State plan for medical assistance under title XIX 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 subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
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113-hr-4391
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I 113th CONGRESS 2d Session H. R. 4391 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Cummings introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish the Proprietary Education Oversight Coordination Committee.
1. Short title This Act may be cited as the Proprietary Education Oversight Coordination Improvement Act . 2. Definitions In this Act: (1) Executive officer The term executive officer , with respect to a proprietary institution of higher education that is a publicly traded corporation, means— (A) the president of such corporation; (B) a vice president of such corporation who is in charge of a principal business unit, division, or function of such corporation, such as sales, administration, or finance; or (C) any other officer or person who performs a policy-making function for such corporation. (2) Federal education assistance The term Federal education assistance means any Federal financial assistance provided under any Federal law through a grant, a contract, a subsidy, a loan, a guarantee, an insurance, or any other means to a proprietary institution of higher education, including Federal financial assistance that is disbursed or delivered to such institution, on behalf of a student, or to a student to be used to attend such institution, except that such term shall not include any monthly housing stipend provided under chapter 33 of title 38, United States Code. (3) Private education loan The term private education loan — (A) means a loan provided by a private educational lender (as defined in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) )) that— (i) is not made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); (ii) is issued expressly for postsecondary educational expenses to a borrower, regardless of whether the loan is provided through the educational institution that the subject student attends or directly to the borrower from the private educational lender (as so defined); and (iii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act ( 42 U.S.C. 292 et seq. and 296 et seq.); and (B) does not include an extension of credit under an open-end consumer credit plan, a reverse mortgage transaction, a residential mortgage transaction, or any other loan that is secured by real property or a dwelling. (4) Proprietary institution of higher education The term proprietary institution of higher education has the meaning given the term in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)). (5) Recruiting and marketing activities (A) In general Except as provided in subparagraph (B), the term recruiting and marketing activities means activities that consist of the following: (i) Advertising and promotion activities, including paid announcements in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for displays or promotions at job fairs, military installations, or college recruiting events. (ii) Efforts to identify and attract prospective students, either directly or through a contractor or other third party, including contact concerning a prospective student’s potential enrollment or application for a grant, a loan, or work assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or participation in preadmission or advising activities, including— (I) paying employees responsible for overseeing enrollment and for contacting potential students in-person, by phone, by email, or by other internet communications regarding enrollment; and (II) soliciting an individual to provide contact information to an institution of higher education, including through websites established for such purpose and funds paid to third parties for such purpose. (iii) Such other activities as the Secretary of Education may prescribe, including paying for promotion or sponsorship of education or military-related associations. (B) Exceptions Any activity that is required as a condition of receipt of funds by an institution under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), is specifically authorized under such title, or is otherwise specified by the Secretary of Education, shall not be considered to be a recruiting and marketing activity under subparagraph (A). (6) State approval agency The term State approval agency means any State agency that determines whether an institution of higher education is legally authorized within such State to provide a program of education beyond secondary education. (7) Veterans service organization The term veterans service organization means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. 3. Establishment of Committee (a) Establishment There is established a committee to be known as the Proprietary Education Oversight Coordination Committee (referred to in this Act as the Committee ) and to be composed of the head (or the designee of such head) of each of the following Federal entities: (1) The Department of Education. (2) The Consumer Financial Protection Bureau. (3) The Department of Justice. (4) The Securities and Exchange Commission. (5) The Department of Defense. (6) The Department of Veterans Affairs. (7) The Federal Trade Commission. (8) The Department of Labor. (9) The Internal Revenue Service. (10) At the discretion of the President, any other relevant Federal agency or department. (b) Purposes The Committee shall have the following purposes: (1) Coordinate Federal oversight of proprietary institutions of higher education to— (A) improve enforcement of applicable Federal laws and regulations; (B) increase accountability of proprietary institutions of higher education to students and taxpayers; and (C) ensure the promotion of quality education programs. (2) Coordinate Federal activities to protect students from unfair, deceptive, abusive, unethical, fraudulent, or predatory practices, policies, or procedures of proprietary institutions of higher education. (3) Encourage information sharing among agencies related to Federal investigations, audits, or inquiries of proprietary institutions of higher education. (4) Increase coordination and cooperation between Federal and State agencies, including State Attorneys General and State approval agencies, with respect to improving oversight and accountability of proprietary institutions of higher education. (5) Develop best practices and consistency among Federal and State agencies in the dissemination of consumer information regarding proprietary institutions of higher education to ensure that students, parents, and other stakeholders have easy access to such information. (c) Membership (1) Designees For any designee described in subsection (a), the head of the member entity shall appoint a high-level official who exercises significant decisionmaking authority for the oversight or investigatory activities and responsibilities related to proprietary institutions of higher education of the respective Federal entity of such head. (2) Chairperson The Secretary of Education or the designee of such Secretary shall serve as the Chairperson of the Committee. (3) Committee support The head of each entity described in subsection (a) shall ensure appropriate staff and officials of such entity are available to support the Committee-related work of such entity. 4. Meetings (a) Committee meetings The members of the Committee shall meet regularly, but not less than once during each quarter of each fiscal year, to carry out the purposes described in section 3(b). (b) Meetings with State agencies and stakeholders The Committee shall meet not less than once each fiscal year, and shall otherwise interact regularly, with State Attorneys General, State approval agencies, veterans service organizations, and consumer advocates to carry out the purposes described in section 3(b). 5. Report (a) In general The Committee shall submit a report each year to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and any other committee of Congress that the Committee determines appropriate. (b) Public access The report described in subsection (a) shall be made available to the public in a manner that is easily accessible to parents, students, and other stakeholders in accordance with the best practices developed under section 3(b)(5). (c) Contents (1) In general The report shall include— (A) an accounting of any action (as defined in paragraph (3)) taken by the Federal Government, any member entity of the Committee, or a State— (i) to enforce Federal or State laws and regulations applicable to proprietary institutions of higher education; (ii) to hold proprietary institutions of higher education accountable to students and taxpayers; and (iii) to promote quality education programs; (B) a summary of complaints against each proprietary institution of higher education received by any member entity of the Committee; (C) the data described in paragraph (2) and any other data relevant to proprietary institutions of higher education that the Committee determines appropriate; and (D) recommendations of the Committee for such legislative and administrative actions as the Committee determines are necessary to— (i) improve enforcement of applicable Federal laws; (ii) increase accountability of proprietary institutions of higher education to students and taxpayers; and (iii) ensure the promotion of quality education programs. (2) Data (A) Industry-wide data The report shall include data on all proprietary institutions of higher education that consists of information regarding— (i) the total amount of Federal education assistance that proprietary institutions of higher education received for the previous academic year, and the percentage of the total amount of Federal education assistance provided to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) for such previous academic year that reflects such total amount of Federal education assistance provided to proprietary institutions of higher education for such previous academic year; (ii) the total amount of Federal education assistance that proprietary institutions of higher education received for the previous academic year, disaggregated by— (I) educational assistance in the form of a loan provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (II) educational assistance in the form of a grant provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (III) educational assistance provided under chapter 33 of title 38, United States Code; (IV) tuition assistance provided under section 2007 of title 10, United States Code; (V) assistance provided under section 1784a of title 10, United States Code; and (VI) Federal education assistance not described in subclauses (I) through (V); (iii) the percentage of the total amount of Federal education assistance provided to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) for such previous academic year for each of the programs described in subclauses (I) through (V) of clause (ii) that reflects such total amount of Federal education assistance provided to proprietary institutions of higher education for such previous academic year for each of such programs; (iv) the average retention and graduation rates for students pursuing a degree at proprietary institutions of higher education; (v) the average cohort default rate (as defined in section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) ) for proprietary institutions of higher education, and an annual list of cohort default rates (as defined in such section) for all proprietary institutions of higher education; (vi) for careers requiring the passage of a licensing examination— (I) the passage rate of individuals who attended a proprietary institution of higher education taking such examination to pursue such a career; and (II) the passage rate of all individuals taking such exam to pursue such a career; and (vii) the use of private education loans at proprietary institutions of higher education that includes— (I) an estimate of the total number of such loans; and (II) information on the average debt, default rate, and interest rate of such loans. (B) Data on publicly traded corporations (i) In general The report shall include data on proprietary institutions of higher education that are publicly traded corporations, consisting of information on— (I) any pre-tax profit of such proprietary institutions of higher education— (aa) reported as a total amount and an average percent of revenue for all such proprietary institutions of higher education; and (bb) reported for each such proprietary institution of higher education; (II) revenue for such proprietary institutions of higher education spent on recruiting and marketing activities, student instruction, and student support services, reported— (aa) as a total amount and an average percent of revenue for all such proprietary institutions of higher education; and (bb) for each such proprietary institution of higher education; (III) total compensation packages of the executive officers of each such proprietary institution of higher education; (IV) a list of institutional loan programs offered by each such proprietary institution of higher education that includes information on the default and interest rates of such programs; and (V) the data described in clauses (ii) and (iii). (ii) Disaggregated by ownership The report shall include data on proprietary institutions of higher education that are publicly traded corporations, disaggregated by corporate or parent entity, brand name, and campus, consisting of— (I) the total cost of attendance for each program at each such proprietary institution of higher education, and information comparing such total cost for each such program to— (aa) the total cost of attendance for each program at each public institution of higher education; and (bb) the average total cost of attendance for each program at all institutions of higher education, including such institutions that are public and such institutions that are private; (II) total enrollment, disaggregated by— (aa) individuals enrolled in programs taken online; and (bb) individuals enrolled in programs that are not taken online; (III) the average retention and graduation rates for students pursuing a degree at such proprietary institutions of higher education; (IV) the percentage of students enrolled in such proprietary institutions of higher education who complete a program of such an institution within— (aa) the standard period of completion for such program; and (bb) a period that is 150 percent of such standard period of completion; (V) the total cost of attendance for each program at such proprietary institutions of higher education; (VI) the average cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) ), for such proprietary institutions of higher education, and an annual list of cohort default rates (as defined in such section) for all proprietary institutions of higher education; (VII) the median educational debt incurred by students who complete a program at such a proprietary institution of higher education; (VIII) the median educational debt incurred by students who start but do not complete a program at such a proprietary institution of higher education; (IX) the job placement rate for students who complete a program at such a proprietary institution of higher education and the type of employment obtained by such students; (X) for careers requiring the passage of a licensing examination, the rate of individuals who attended such a proprietary institution of higher education and passed such an examination; and (XI) the number of complaints from students enrolled in such proprietary institutions of higher education who have submitted a complaint to any member entity of the Committee. (iii) Department of Defense and Veterans Affairs assistance (I) In general To the extent practicable, the report shall provide information on the data described in clause (ii) for individuals using, to pay for the costs of attending such a proprietary institution of higher education, Federal education assistance provided under— (aa) chapter 33 of title 38, United States Code; (bb) section 2007 of title 10, United States Code; and (cc) section 1784a of title 10, United States Code. (II) Revenue The report shall provide information on the revenue of proprietary institutions of higher education that are publicly traded corporations that is derived from the Federal education assistance described in subclause (I). (C) Comparison data To the extent practicable, the report shall provide information comparing the data described in subparagraph (B) for proprietary institutions of higher education that are publicly traded corporations with such data for public institutions of higher education disaggregated by State. (3) Accounting of any action For the purposes of paragraph (1)(A), the term any action shall include— (A) a complaint filed by a Federal or State agency in a local, State, Federal, or tribal court; (B) an administrative proceeding by a Federal or State agency involving noncompliance of any applicable law or regulation; or (C) any other review, audit, or administrative process by any Federal or State agency that results in a penalty, suspension, or termination from any Federal or State program. 6. For-profit college warning list for parents and students (a) In general Each academic year, the Committee shall publish a list to be known as the For-Profit College Warning List for Parents and Students to be comprised of proprietary institutions of higher education— (1) that have engaged in illegal activity during the previous academic year as determined by a Federal or State court; (2) that have entered into a settlement resulting in a monetary payment; (3) that have had any higher education program withdrawn or suspended; or (4) for which the Committee has sufficient evidence of widespread or systemic unfair, deceptive, abusive, unethical, fraudulent, or predatory practices, policies, or procedures that pose a threat to the academic success, financial security, or general best interest of students. (b) Determinations In making a determination pursuant to subsection (a)(4), the Committee may consider evidence that includes the following: (1) Any consumer complaint collected by any member entity of the Committee. (2) Any complaint filed by a Federal or State agency in a Federal, State, local, or tribal court. (3) Any administrative proceeding by a Federal or State agency involving noncompliance of any applicable law or regulation. (4) Any other review, audit, or administrative process by any Federal or State agency that results in a penalty, suspension, or termination from any Federal or State program. (5) Data or information submitted by a proprietary institution of higher education to any accrediting agency or association recognized by the Secretary of Education pursuant to section 496 of the Higher Education Act of 1965 ( 20 U.S.C. 1099b ) or the findings or adverse actions of any such accrediting agency or association. (6) Information submitted by a proprietary institution of higher education to any member entity of the Committee. (7) Any other evidence that the Committee determines relevant in making a determination pursuant to subsection (a)(4). (c) Publication Not later than July 1 of each fiscal year, the Committee shall publish the list described in subsection (a) prominently and in a manner that is easily accessible to parents, students, and other stakeholders in accordance with any best practices developed under section 3(b)(5).
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113-hr-4392
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I 113th CONGRESS 2d Session H. R. 4392 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Fincher introduced the following bill; which was referred to the Committee on Agriculture A BILL To align exemptions for general solicitation of investment in commodity pools similar to the exemption provided for general solicitation of securities under the Jumpstart Our Business Startups Act.
1. Short title This Act may be cited as the Energize Emerging Opportunities Act . 2. Exemption for general solicitation of investment in commodity pools Within 90 days after the date of the enactment of this Act, the Commodity Futures Trading Commission shall— (1) revise section 4.7(b) of title 17, Code of Federal Regulations, in the matter preceding paragraph (1), to read as follows: (b) Relief available to commodity pool operators . Upon filing the notice required by paragraph (d) of this section, and subject to compliance with the conditions specified in paragraph (d) of this section, any registered commodity pool operator who sells participations in a pool solely to qualified eligible persons in an offering which qualifies for exemption from the registration requirements of the Securities Act pursuant to section 4(2) of that Act or pursuant to Regulation S, 17 CFR 230.901 et seq ., and any bank registered as a commodity pool operator in connection with a pool that is a collective trust fund whose securities are exempt from registration under the Securities Act pursuant to section 3(a)(2) of that Act and are sold solely to qualified eligible persons, may claim any or all of the following relief with respect to such pool: ; and (2) revise section 4.13(a)(3)(i) of such title to read as follows: (i) Interests in the pool are exempt from registration under the Securities Act of 1933, and such interests are offered and sold pursuant to section 4 of the Securities Act of 1933 and the regulations thereunder; .
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113-hr-4393
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I 113th CONGRESS 2d Session H. R. 4393 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Fortenberry introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit any Federal agency or official, in carrying out any Act or program to reduce the effects of greenhouse gas emissions on climate change, from imposing a fee or tax on gaseous emissions emitted directly by livestock.
1. Prohibition of imposition of fee or tax on gaseous emissions by livestock Notwithstanding any other provision of law, in carrying out any Act or program to reduce the effects of greenhouse gas emissions on climate change, no Federal agency or official shall impose a fee or tax on gaseous emissions emitted directly by livestock.
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113-hr-4394
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I 113th CONGRESS 2d Session H. R. 4394 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit the awarding of contracts to contractors responsible for delayed openings of Veterans Affairs facilities.
1. Short title This Act may be cited as the Serve Our Heroes Now Act . 2. Prohibition on awarding contracts to those responsible for delayed openings of Veterans Affairs facilities No contract may be awarded to any contractor if the past performance of the contractor resulted in the completion of a construction project at a facility of the Department of Veterans Affairs more than 24 months after the original agreed-upon completion date for the project.
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113-hr-4395
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I 113th CONGRESS 2d Session H. R. 4395 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend part B of title III of the Public Health Service Act to improve essential oral health care for lower-income individuals by breaking down barriers to care.
1. Short title This Act may be cited as the Action for Dental Health Act 2014 . 2. Grants to support volunteer dental projects and public-private partnerships Part B of title III of the Public Health Service Act is amended by inserting after section 320A (42 U.S.C. 247d–8) the following new sections: 320B. Grants to support volunteer dental projects (a) Authority To make grants The Secretary shall award grants to or enter into contracts with eligible entities described in subsection (b) to obtain portable or mobile dental equipment and to pay for appropriate operational costs, including direct health care or service delivery costs, for the provision of free dental services to underserved populations that are delivered in a manner consistent with State licensing laws. (b) Eligible entity An eligible entity under this subsection is an organization, such as a State or local dental association, State oral health program, or a dental education, dental hygiene education, or postdoctoral dental education program accredited by the Commission on Dental Accreditation, or a community-based organization that partners with an academic institution, that— (1) is exempt from tax under section 501(c) of the Internal Revenue Code of 1986; and (2) offers a free dental services program for underserved populations. (c) Application An entity desiring a grant under this section shall submit an application to the Secretary in such manner as the Secretary may require. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for the first fiscal year beginning after the date of enactment of the Action for Dental Health Act 2014 and for each of the 4 succeeding fiscal years. 320C. Grants for public-private partnerships to improve oral health education and dental disease prevention and Medicaid and CHIP dental programs, and for other purposes (a) Authority To make grants The Secretary shall award grants to or enter into contracts with eligible entities described in subsection (b) to collaborate with State, county, or local public officials and other stakeholders in order to develop and implement initiatives to accomplish any of the following goals: (1) To improve oral health education and dental disease prevention, including community-wide prevention programs, use of dental sealants and fluoride varnish, and increasing oral health literacy. (2) To reduce barriers (including low reimbursement and administrative impediments) in a manner that increases dental provider participation in Medicaid and the Children’s Health Insurance Program (CHIP) under titles XIX and XXI of the Social Security Act. (3) To make the health care delivery system providing dental services under Medicaid or CHIP more accessible and efficient by taking actions necessary to facilitate the establishment of dental homes for children, adults, and the aged, blind, and disabled populations. (4) To address geographic, language, cultural, and similar barriers in the provision of dental services. (5) To reduce the use of emergency departments to seek dental services more appropriately delivered in a dental primary care setting. (b) Eligible entity An eligible entity under this subsection is a State or local dental association or a State dental association foundation that— (1) is exempt from tax under section 501(c) of the Internal Revenue Code of 1986; and (2) partners with public and private stakeholders to facilitate the provision of dental services for underserved populations. (c) Application An entity desiring a grant under this section shall submit an application to the Secretary in such manner as the Secretary may require. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for the first fiscal year beginning after the date of enactment of the Action for Dental Health Act 2014 and for each of the 4 succeeding fiscal years. .
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113-hr-4396
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I 113th CONGRESS 2d Session H. R. 4396 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. Luetkemeyer (for himself, Mr. Johnson of Ohio , Mr. McCaul , Mr. Broun of Georgia , Mr. Bentivolio , and Mr. Long ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the Secretary of Health and Human Services from implementing certain rules relating to the health insurance coverage of sterilization and contraceptives approved by the Food and Drug Administration.
1. Short title This Act may be cited as the Religious Liberty Protection Act of 2014 . 2. Findings Congress finds the following: (1) Deeply embedded in the history and traditions of the United States is the protection of religious freedom. The First Amendment of the United States Constitution states Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof , and thus, it gives general protection for individuals’ religious beliefs and practices. (2) Repeatedly during the existence of the United States, Congress has reaffirmed the freedom of religion by enacting, among other things, title VII of the Civil Rights Act of 1964, the Church amendment, the Weldon amendment, section 245 of the Public Health Service Act, and the Religious Freedom Restoration Act of 1993. Through their passage, the United States has augmented religious freedoms and set the precedent of protection of conscience rights. (3) The Weldon amendment has been regularly included in appropriations legislation for the Department of Health and Human Services. The Weldon amendment prohibits Federal agencies, States, and local governments that receive the appropriated funds in the respective Act from discriminating among institutional or individual health care professionals, organizations, facilities, and plans on the basis of a health care entity’s refusal to provide, pay for, provide coverage of, or refer for abortions. (4) The United States has a history of protecting individuals, organizations, facilities, and plans from being penalized or discriminated against due to their religious beliefs and moral values. Until the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), the Federal Government has never sought to impose specific health care coverage or care requirements that infringe on the conscience rights of insurers, purchasers of insurance, plan sponsors, beneficiaries, and other stakeholders, such as individual or institutional health care entities. (5) The Patient Protection and Affordable Care Act grants the Department of Health and Human Services the authority to provide a list of detailed services to be included as essential health benefits (as defined in section 1302(a) of the Patient Protection and Affordable Care Act), and preventive health services described in section 2713 of the Public Health Service Act. These services represent a new nationwide coverage requirement for health plans. (6) The Patient Protection and Affordable Care Act provides a narrow exemption for religious groups that object to participation in government health programs generally, but it does not allow purchasers, plan sponsors, and other stakeholders with religious or moral objections to specific required items or services to decline providing or obtaining coverage of such items or services, or allow health care entities with such objections to decline to provide them. (7) By creating new barriers to health insurance and causing the loss of existing insurance arrangements, these inflexible mandates in the Patient Protection and Affordable Care Act jeopardize the ability of individuals to exercise their rights of conscience and their ability to freely participate in the health insurance and health care marketplace. (8) In a significant move from the current free insurance coverage market, the Department of Health and Human Services issued an interim rule on August 1, 2011, requiring individual and group health plans to cover free sterilization and all contraceptives approved by the Food and Drug Administration. (9) Within the list of contraceptives approved by the Food and Drug Administration are drugs containing abortifacient substances and effects, including Levonorgestral commonly known as Plan B and ulipristal acetate marketed as Ella. Thus, the Patient Protection and Affordable Care Act effectively mandates employers to provide health care insurance covering abortion drugs and services, which is a violation of numerous Federal provisions aforementioned. (10) On January 20, 2012, the Department of Health and Human Services announced that it would not broaden the religious exemption it included in its August 1, 2011, interim rule. Instead, it gave institutions and employers with religious and moral objections to including free sterilization and all contraceptives approved by the Food and Drug Administration in their offered health insurance plan an additional year to adapt their consciences to the mandate. (11) In June 2013, the Department of Health and Human Services proposed a definition of “religious employer” for purposes of the exemption from the contraceptive coverage requirement. The exemption essentially only applies to formal houses of worship. All other religiously affiliated entities must continue to comply with the mandate or otherwise face a fine. 3. Protecting rights of conscience (a) Prohibition on implementation of certain rules Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not implement or enforce any provision of the final rule published on July 2, 2013 (78 Fed. Reg. 39870), or any amendment to such rule or rule published subsequent to such rule, insofar as such provision, amendment, or subsequent rule relates to requiring any individual or entity to provide coverage of sterilization or contraceptive services to which the individual or entity is opposed on the basis of religious belief. (b) Clarification on application to PPACA requirements Section 1302(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 42 U.S.C. 18022(b)) is amended by adding at the end the following new paragraph: (6) Special rule A health plan shall not be considered to have failed to provide the essential health benefits package described in subsection (a) (or preventive health services described in section 2713 of the Public Health Service Act), to fail to be a qualified health plan, or to fail to fulfill any other requirement under this title on the basis that the plan does not provide (or pay for) coverage of sterilization or contraceptive services because— (A) providing (or paying for) such coverage is contrary to the religious or moral beliefs of the sponsor, issuer, or other entity offering the plan; or (B) such coverage, in the case of individual coverage, is contrary to the religious or moral beliefs of the purchaser or beneficiary of the coverage. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4396ih/xml/BILLS-113hr4396ih.xml
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113-hr-4397
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I 113th CONGRESS 2d Session H. R. 4397 IN THE HOUSE OF REPRESENTATIVES April 3, 2014 Mr. O’Rourke introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to require all political committees to notify the Federal Election Commission within 48 hours of receiving cumulative contributions of $1,000 or more from any contributor during a calendar year, and for other purposes.
1. 48-hour notification required for all political committees receiving cumulative contributions of $1,000 or more during a year from any contributor (a) Notification Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434(a)(6)(A) ) is amended to read as follows: (A) (i) If a political committee receives an aggregate amount of contributions equal to or greater than $1,000 from any contributor during a calendar year, the committee shall submit a notification to the Commission containing the name of the committee (and, in the case of an authorized committee of a candidate, the name of the candidate and the office sought by the candidate), the identification of the contributor, and the date of receipt and amount of the contributions involved. (ii) If, at any time after a political committee is required to submit a notification under this subparagraph with respect to a contributor during a calendar year, the political committee receives additional contributions from that contributor during that year, the committee shall submit an additional notification under clause (i) with respect to such contributor each time the aggregate amount of the additional contributions received from the contributor during the year equals or exceeds $1,000 (excluding the amount of any contribution for which information is required to be included in a previous notification under this subparagraph). (iii) The political committee shall submit the notification required under this subparagraph with respect to a contributor— (I) in the case of a notification described in clause (i), not later than 48 hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year first equals or exceeds $1,000; or (II) in the case of an additional notification described in clause (ii), not later than 48 hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year for which information was not already included in a notification under this subparagraph first equals or exceeds $1,000. (iv) For purposes of this subparagraph, any amount transferred by a joint fundraising committee which is established by an authorized committee of a candidate to any other authorized committee of that candidate shall be treated as a contribution by the joint fundraising committee to such authorized committee. . (b) Effective Date The amendment made by subsection (a) shall apply with respect to contributions received by a political committee under the Federal Election Campaign Act of 1971 during 2014 or any succeeding year, except that nothing in such amendment may be construed to require a political committee which does not receive contributions during the portion of 2014 which occurs after the date of the enactment of this Act to meet the requirements of section 304(a)(6)(A) of the Federal Election Campaign Act of 1971, as amended by subsection (a). 2. Filing by Senate candidates with Federal Election Commission (a) Mandatory Filing with FEC Section 302(g) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432(g) ) is amended to read as follows: (g) Filing With the Commission All designations, statements, and reports required to be filed under this Act shall be filed with the Commission. . (b) Effective Date The amendment made by subsection (a) shall apply with respect to materials filed on or after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4397ih/xml/BILLS-113hr4397ih.xml
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113-hr-4398
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I 113th CONGRESS 2d Session H. R. 4398 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Duffy 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 with respect to the Internet Assigned Numbers Authority functions.
1. Short title This Act may be cited as the Global Internet Freedom Act of 2014 or the GIF Act of 2014 . 2. NTIA prohibited from relinquishing responsibility for IANA functions The Assistant Secretary of Commerce for Communications and Information may not relinquish the responsibility of the National Telecommunications and Information Administration with respect to the Internet Assigned Numbers Authority functions, including the following: (1) Coordination of the assignment of technical Internet protocol parameters. (2) Performance of administrative functions associated with Internet domain name system root zone management. (3) Allocation of Internet numbering resources.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4398ih/xml/BILLS-113hr4398ih.xml
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113-hr-4399
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I 113th CONGRESS 2d Session H. R. 4399 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 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 improve the performance appraisal system for senior executives of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Comprehensive Department of Veterans Affairs Performance Management and Accountability Reform Act of 2014 . 2. Improvement of performance appraisal of senior executives of the Department of Veterans Affairs (a) Performance appraisal system (1) In general Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: 713. Senior Executive Service: performance appraisal (a) Performance appraisal system The Secretary shall be responsible for carrying out the requirements of subchapter II of chapter 43 of title 5. (b) Organizational performance requirements (1) In implementing the performance appraisal system for senior executives of the Department required by section 4312 of title 5, the Secretary shall issue, by not later than September 1 of each year, organizational performance requirements to be used to inform the establishment of performance requirements for each senior executive of the Department. The performance requirements of each senior executive shall be achievable by each senior executive and shall be consistent with the organizational performance requirements issued by the Secretary. (2) Not less than half of the annual summary rating of a senior executive of the Department under section 4314 of title 5 shall be based on the organizational performance requirements issued under this subsection and applicable to such senior executive. (3) Not later than December 15 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives certification that for the fiscal year during which the certification is submitted that— (A) all individual and organizational performance requirements applicable to senior executives of the Department pursuant to section 4312 of title 5 accurately reflected the organizational performance requirements of the Department; and (B) the performance requirements established for each senior executive are expected to lead to the overall success of the Department in meeting its organizational performance requirements. (c) Additional requirements (1) In implementing the performance appraisal system for senior executives of the Department required by section 4312 of title 5, the Secretary shall ensure that such system is designed to— (A) evaluate the contribution of each senior executive to the overall mission and objectives of the Department; (B) ensure that each senior executive is accountable for efforts undertaken to further the objectives of the Departments; and (C) evaluate the contribution of each senior executive in ensuring the Department meets the needs of veterans and their dependants. (2) (A) The performance review board established pursuant to section 4314 of title 5 shall ensure that— (i) the performance requirements for each senior executive of the Department clearly and distinctly address both individual and organizational performance; and (ii) the performance of each senior executive is evaluated based on such performance requirements together with the demonstrated accountability, executive, and leadership capabilities of the senior executive. (B) In evaluating the performance of a senior executive of the Department, the performance review board shall take into consideration each of the following: (i) Any deficiencies identified by the Inspector General of the Department or the Comptroller General of the United States in the performance of duties or areas managed by the senior executive. (ii) Any final determination in response to a formal complaint submitted regarding the performance of the senior executive or a deficiency in a program under the direction of the senior executive. (iii) The findings of any final report relating to the performance of the senior executive or to a deficiency in a program under the direction of the senior executive. (d) Annual summary ratings (1) The Secretary shall provide in a timely manner to any senior executive who receives an annual summary rating under section 4314(a) of title 5 of any level of performance lower than fully successful a detailed explanation of the performance deficiencies of the senior executive. (2) In the case of a senior executive for whom it is determined during a mid-year review that the senior executive is likely to receive an annual summary rating of less than fully successful, the Secretary shall ensure that senior executive is provided a plan to address performance deficiencies before the end of the evaluation period. (3) Any senior executive of the Department who receives two annual summary ratings of any level of performance lower than fully successful shall be removed from the Senior Executive Service. (4) Any senior executive who receives three consecutive annual summary ratings of the highest level of performance shall be provided with an opportunity to obtain a different position within the Department with more responsibility, if such a position is available. (e) Annual reports Not later than January 1 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the senior executive performance appraisal system of the Department for the fiscal year preceding the fiscal year during which the report is submitted. Each such report shall include, for the year covered by the report, each of the following: (1) The number of senior executives who received summary ratings. (2) The number of senior executives who received a summary rating at each level of performance. (3) Any actions taken with respect to senior executives who received ratings at a level of performance lower than fully successful. (4) The number of initial annual summary ratings that were raised or lowered by the performance review board. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Senior Executive Service: performance appraisal. . (b) Performance pay for physicians and dentists Section 7431 of title 38, United States Code, is amended— (1) in subsection (b)(3), by inserting after dentist the following: who received a fully successful level of performance at the physician or dentist’s most recent performance appraisal ; (2) in subsection (c)— (A) in paragraph (2)— (i) by inserting (A) before Market pay ; and (ii) by adding at the end the following new subparagraph: (B) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a semi-annual report on health care trends, including anticipated shortages of health care professionals by specific specialty and location, which shall be used in determining the recruitment and retention needs of the Department for purposes of this subsection. The Secretary may not provide market pay to a physician or dentist under this subsection unless the payment of market pay to the physician or dentist meets a specialty or location need of the Department as articulated in a report submitted under this subparagraph. . (B) in paragraph (4)(B)— (i) in clause (i), by striking the last sentence; and (ii) in clause (iii), by striking should, to the extent practicable, and inserting shall ; and (3) in subsection (d)— (A) in paragraph (1)— (i) by inserting (A) before One element ; and (ii) by adding at the end the following: The Secretary shall establish a performance appraisal system for physicians and dentists. The performance appraisal system shall provide for annual summary ratings of levels of performance as follows: (A) one or more fully successful levels; (B) a minimally satisfactory level; and (C) an unsatisfactory level. ; (iii) by inserting after subparagraph (A) the following new subparagraph: (B) Under the performance appraisal system under subparagraph (A), performance shall be evaluated based on both individual and organizational performance and specific goals or objectives shall be explicitly linked to improved health care outcomes and quality as well as the Department’s overall effectiveness in providing quality health care services. The specific goals and objectives shall be consistent with the overarching objectives and goals of the Department. (C) Under such performance appraisal system, each physician and dentist employed by the Department shall receive an annual review by the Under Secretary of Health. For each year, the Under Secretary shall submit to the Secretary certification that such reviews are conducted. ; (B) by striking paragraph (3) and redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following new paragraph (2): (2) Under the performance appraisal system established under paragraph (1)— (A) on or before the beginning of each rating period, performance requirements for each physician or dentist shall be established in consultation with, and communicated to, each physician or dentist; (B) written appraisals of performance shall be based on the individual and organizational performance requirements established for the rating period involved; and (C) each physician or dentist shall be provided a copy of the appraisal and the physician or dentist’s performance appraisal rating and shall be given an opportunity to respond in writing and have the rating reviewed by the Under Secretary for Health before the rating becomes final. ; (D) in paragraph (3), as redesignated by subparagraph (B)— (i) by inserting only after paid ; and (ii) by striking on the basis and inserting who receives a level of performance of fully successful under the performance appraisal system established under paragraph (1) and whose performance exceeds the specific goals and performance objectives established under such system. ; (E) in paragraph (4), by striking paragraph (2) and inserting this subsection ; (F) in paragraph (5)(B), by striking 7.5 percent and inserting 5 percent ; and (G) by striking paragraph (6); and (4) by adding at the end the following new subsection: (i) Failure To maintain a license A physician or dentist who has not maintained an appropriate professional license may not be paid. . (c) Study Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the training program of the Department of Veterans Affairs for senior executives. Such report shall include— (1) an evaluation of succession planning and long-term career development plans for senior executives and efforts undertaken by the Department to improve cross-Department opportunities for senior executives; and (2) the recommendations of the Secretary for improving the mobility and effectiveness of senior executives.
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113-hr-4400
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I 113th CONGRESS 2d Session H. R. 4400 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Rush (for himself, Mr. Barton , Mr. Cicilline , Mr. Lipinski , Mr. McNerney , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To protect consumers by requiring reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a security breach.
1. Short title This Act may be cited as the Data Accountability and Trust Act . 2. Requirements for information security (a) General security policies and procedures (1) Regulations Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to require each person engaged in interstate commerce that owns or possesses data containing personal information, or contracts to have any third party entity maintain such data for such person, to establish and implement policies and procedures regarding information security practices for the treatment and protection of personal information taking into consideration— (A) the size of, and the nature, scope, and complexity of the activities engaged in by, such person; (B) the current state of the art in administrative, technical, and physical safeguards for protecting such information; and (C) the cost of implementing such safeguards. (2) Requirements Such regulations shall require the policies and procedures to include the following: (A) A security policy with respect to the collection, use, sale, other dissemination, and maintenance of such personal information. (B) The identification of an officer or other individual as the point of contact with responsibility for the management of information security. (C) A process for identifying and assessing any reasonably foreseeable vulnerabilities in the system or systems maintained by such person that contains such data, which shall include regular monitoring for a breach of security of such system or systems. (D) A process for taking preventive and corrective action to mitigate against any vulnerabilities identified in the process required by subparagraph (C), which may include implementing any changes to security practices and the architecture, installation, or implementation of network or operating software. (E) A process for disposing of data in electronic form containing personal information by shredding, permanently erasing, or otherwise modifying the personal information contained in such data to make such personal information permanently unreadable or undecipherable. (F) A standard method or methods for the destruction of paper documents and other non-electronic data containing personal information. (3) Treatment of entities governed by other law Any person who is in compliance with any other Federal law that requires such person to maintain standards and safeguards for information security and protection of personal information that, taken as a whole and as the Commission shall determine in the rulemaking required under paragraph (1), provide protections substantially similar to, or greater than, those required under this subsection, shall be deemed to be in compliance with this subsection. (b) Special requirements for information brokers (1) Submission of policies to the FTC The regulations promulgated under subsection (a) shall require each information broker to submit its security policies to the Commission in conjunction with a notification of a breach of security under section 3 or upon request of the Commission. (2) Post-breach audit For any information broker required to provide notification under section 3, the Commission may conduct audits of the information security practices of such information broker, or require the information broker to conduct independent audits of such practices (by an independent auditor who has not audited such information broker’s security practices during the preceding 5 years). (3) Accuracy of and individual access to personal information (A) Accuracy (i) In general Each information broker shall establish reasonable procedures to assure the maximum possible accuracy of the personal information it collects, assembles, or maintains, and any other information it collects, assembles, or maintains that specifically identifies an individual, other than information which merely identifies an individual’s name or address. (ii) Limited exception for fraud databases The requirement in clause (i) shall not prevent the collection or maintenance of information that may be inaccurate with respect to a particular individual when that information is being collected or maintained solely— (I) for the purpose of indicating whether there may be a discrepancy or irregularity in the personal information that is associated with an individual; and (II) to help identify, or authenticate the identity of, an individual, or to protect against or investigate fraud or other unlawful conduct. (B) Consumer access to information (i) Access Each information broker shall— (I) provide to each individual whose personal information it maintains, at the individual’s request at least 1 time per year and at no cost to the individual, and after verifying the identity of such individual, a means for the individual to review any personal information regarding such individual maintained by the information broker and any other information maintained by the information broker that specifically identifies such individual, other than information which merely identifies an individual’s name or address; and (II) place a conspicuous notice on its Internet website (if the information broker maintains such a website) instructing individuals how to request access to the information required to be provided under subclause (I), and, as applicable, how to express a preference with respect to the use of personal information for marketing purposes under clause (iii). (ii) Disputed information Whenever an individual whose information the information broker maintains makes a written request disputing the accuracy of any such information, the information broker, after verifying the identity of the individual making such request and unless there are reasonable grounds to believe such request is frivolous or irrelevant, shall— (I) correct any inaccuracy; or (II) (aa) in the case of information that is public record information, inform the individual of the source of the information, and, if reasonably available, where a request for correction may be directed and, if the individual provides proof that the public record has been corrected or that the information broker was reporting the information incorrectly, correct the inaccuracy in the information broker’s records; or (bb) in the case of information that is non-public information, note the information that is disputed, including the individual’s statement disputing such information, and take reasonable steps to independently verify such information under the procedures outlined in subparagraph (A) if such information can be independently verified. (iii) Alternative procedure for certain marketing information In accordance with regulations issued under clause (v), an information broker that maintains any information described in clause (i) which is used, shared, or sold by such information broker for marketing purposes, may, in lieu of complying with the access and dispute requirements set forth in clauses (i) and (ii), provide each individual whose information it maintains with a reasonable means of expressing a preference not to have his or her information used for such purposes. If the individual expresses such a preference, the information broker may not use, share, or sell the individual’s information for marketing purposes. (iv) Limitations An information broker may limit the access to information required under clause (i)(I) and is not required to provide notice to individuals as required under clause (i)(II) in the following circumstances: (I) If access of the individual to the information is limited by law or legally recognized privilege. (II) If the information is used for a legitimate governmental or fraud prevention purpose that would be compromised by such access. (III) If the information consists of a published media record, unless that record has been included in a report about an individual shared with a third party. (v) Rulemaking Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to carry out this paragraph and to facilitate the purposes of this Act. In addition, the Commission shall issue regulations, as necessary, under section 553 of title 5, United States Code, on the scope of the application of the limitations in clause (iv), including any additional circumstances in which an information broker may limit access to information under such clause that the Commission determines to be appropriate. (C) FCRA regulated persons Any information broker who is engaged in activities subject to the Fair Credit Reporting Act and who is in compliance with sections 609, 610, and 611 of such Act (15 U.S.C. 1681g; 1681h; 1681i) with respect to information subject to such Act, shall be deemed to be in compliance with this paragraph with respect to such information. (4) Requirement of audit log of accessed and transmitted information Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to require information brokers to establish measures which facilitate the auditing or retracing of any internal or external access to, or transmissions of, any data containing personal information collected, assembled, or maintained by such information broker. (5) Prohibition on pretexting by information brokers (A) Prohibition on obtaining personal information by false pretenses It shall be unlawful for an information broker to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, personal information or any other information relating to any person by— (i) making a false, fictitious, or fraudulent statement or representation to any person; or (ii) providing any document or other information to any person that the information broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained, or to contain a false, fictitious, or fraudulent statement or representation. (B) Prohibition on solicitation to obtain personal information under false pretenses It shall be unlawful for an information broker to request a person to obtain personal information or any other information relating to any other person, if the information broker knew or should have known that the person to whom such a request is made will obtain or attempt to obtain such information in the manner described in subparagraph (A). (c) Exemption for certain service providers Nothing in this section shall apply to a service provider for any electronic communication by a third party that is transmitted, routed, or stored in intermediate or transient storage by such service provider. 3. Notification of information security breach (a) Nationwide Notification Any person engaged in interstate commerce that owns or possesses data in electronic form containing personal information shall, following the discovery of a breach of security of the system maintained by such person that contains such data— (1) notify each individual who is a citizen or resident of the United States whose personal information was acquired or accessed as a result of such a breach of security; and (2) notify the Commission. (b) Special Notification Requirements (1) Third party agents In the event of a breach of security by any third party entity that has been contracted to maintain or process data in electronic form containing personal information on behalf of any other person who owns or possesses such data, such third party entity shall be required to notify such person of the breach of security. Upon receiving such notification from such third party, such person shall provide the notification required under subsection (a). (2) Service providers If a service provider becomes aware of a breach of security of data in electronic form containing personal information that is owned or possessed by another person that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, such service provider shall be required to notify of such a breach of security only the person who initiated such connection, transmission, routing, or storage if such person can be reasonably identified. Upon receiving such notification from a service provider, such person shall provide the notification required under subsection (a). (3) Coordination of notification with consumer reporting agencies If a person is required to provide notification to more than 5,000 individuals under subsection (a)(1), the person shall also notify the major consumer reporting agencies of the timing and distribution of the notices. Such notice shall be given to the consumer reporting agencies without unreasonable delay and, if it will not delay notice to the affected individuals, prior to the distribution of notices to the affected individuals. (c) Timeliness of Notification (1) In general Unless subject to a delay authorized under paragraph (2), a notification required under subsection (a) shall be made not later than 60 days following the discovery of a breach of security, unless the person providing notice can show that providing notice within such a time frame is not feasible due to extraordinary circumstances necessary to prevent further breach or unauthorized disclosures, and reasonably restore the integrity of the data system, in which case such notification shall be made as promptly as possible. (2) Delay of Notification Authorized for Law Enforcement or National Security Purposes (A) Law enforcement If a Federal, State, or local law enforcement agency determines that the notification required under this section would impede a civil or criminal investigation, such notification shall be delayed upon the written request of the law enforcement agency for 30 days or such lesser period of time which the law enforcement agency determines is reasonably necessary and requests in writing. A law enforcement agency may, by a subsequent written request, revoke such delay or extend the period of time set forth in the original request made under this paragraph if further delay is necessary. (B) National security If a Federal national security agency or homeland security agency determines that the notification required under this section would threaten national or homeland security, such notification may be delayed for a period of time which the national security agency or homeland security agency determines is reasonably necessary and requests in writing. A Federal national security agency or homeland security agency may revoke such delay or extend the period of time set forth in the original request made under this paragraph by a subsequent written request if further delay is necessary. (d) Method and Content of Notification (1) Direct notification (A) Method of notification A person required to provide notification to individuals under subsection (a)(1) shall be in compliance with such requirement if the person provides conspicuous and clearly identified notification by one of the following methods (provided the selected method can reasonably be expected to reach the intended individual): (i) Written notification. (ii) Notification by email or other electronic means, if— (I) the person’s primary method of communication with the individual is by email or such other electronic means; or (II) the individual has consented to receive such notification and the notification is provided in a manner that is consistent with the provisions permitting electronic transmission of notices under section 101 of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 ). (B) Content of notification Regardless of the method by which notification is provided to an individual under subparagraph (A), such notification shall include— (i) a description of the personal information that was acquired or accessed by an unauthorized person; (ii) a telephone number that the individual may use, at no cost to such individual, to contact the person to inquire about the breach of security or the information the person maintained about that individual; (iii) notice that the individual is entitled to receive, at no cost to such individual, consumer credit reports on a quarterly basis for a period of 2 years, or credit monitoring or other service that enables consumers to detect the misuse of their personal information for a period of 2 years, and instructions to the individual on requesting such reports or service from the person, except when the only information which has been the subject of the security breach is the individual’s first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code; (iv) the toll-free contact telephone numbers and addresses for the major consumer reporting agencies; and (v) a toll-free telephone number and Internet website address for the Commission whereby the individual may obtain information regarding identity theft. (2) Substitute notification (A) Circumstances giving rise to substitute notification A person required to provide notification to individuals under subsection (a)(1) may provide substitute notification in lieu of the direct notification required by paragraph (1) if the person owns or possesses data in electronic form containing personal information of fewer than 1,000 individuals and such direct notification is not feasible due to— (i) excessive cost to the person required to provide such notification relative to the resources of such person, as determined in accordance with the regulations issued by the Commission under paragraph (3)(A); or (ii) lack of sufficient contact information for the individual required to be notified. (B) Form of substitute notification Such substitute notification shall include— (i) email notification to the extent that the person has email addresses of individuals to whom it is required to provide notification under subsection (a)(1); (ii) a conspicuous notice on the Internet website of the person (if such person maintains such a website); and (iii) notification in print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personal information was acquired reside. (C) Content of substitute notice Each form of substitute notice under this paragraph shall include— (i) notice that individuals whose personal information is included in the breach of security are entitled to receive, at no cost to the individuals, consumer credit reports on a quarterly basis for a period of 2 years, or credit monitoring or other service that enables consumers to detect the misuse of their personal information for a period of 2 years, and instructions on requesting such reports or service from the person, except when the only information which has been the subject of the security breach is the individual’s first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code; and (ii) a telephone number by which an individual can, at no cost to such individual, learn whether that individual’s personal information is included in the breach of security. (3) Regulations and guidance (A) Regulations Not later than 1 year after the date of enactment of this Act, the Commission shall, by regulation under section 553 of title 5, United States Code, establish criteria for determining circumstances under which substitute notification may be provided under paragraph (2), including criteria for determining if notification under paragraph (1) is not feasible due to excessive costs to the person required to provided such notification relative to the resources of such person. Such regulations may also identify other circumstances where substitute notification would be appropriate for any person, including circumstances under which the cost of providing notification exceeds the benefits to consumers. (B) Guidance In addition, the Commission shall provide and publish general guidance with respect to compliance with this subsection. Such guidance shall include— (i) a description of written or email notification that complies with the requirements of paragraph (1); and (ii) guidance on the content of substitute notification under paragraph (2), including the extent of notification to print and broadcast media that complies with the requirements of such paragraph. (e) Other Obligations Following Breach (1) In general A person required to provide notification under subsection (a) shall, upon request of an individual whose personal information was included in the breach of security, provide or arrange for the provision of, to each such individual and at no cost to such individual— (A) consumer credit reports from at least one of the major consumer reporting agencies beginning not later than 60 days following the individual’s request and continuing on a quarterly basis for a period of 2 years thereafter; or (B) a credit monitoring or other service that enables consumers to detect the misuse of their personal information, beginning not later than 60 days following the individual’s request and continuing for a period of 2 years. (2) Limitation This subsection shall not apply if the only personal information which has been the subject of the security breach is the individual’s first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code. (3) Rulemaking As part of the Commission’s rulemaking described in subsection (d)(3), the Commission shall determine the circumstances under which a person required to provide notification under subsection (a)(1) shall provide or arrange for the provision of free consumer credit reports or credit monitoring or other service to affected individuals. (f) Exemption (1) General exemption A person shall be exempt from the requirements under this section if, following a breach of security, such person determines that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. (2) Presumption (A) In general If the data in electronic form containing personal information is rendered unusable, unreadable, or indecipherable through encryption or other security technology or methodology (if the method of encryption or such other technology or methodology is generally accepted by experts in the information security field), there shall be a presumption that no reasonable risk of identity theft, fraud, or other unlawful conduct exists following a breach of security of such data. Any such presumption may be rebutted by facts demonstrating that the encryption or other security technologies or methodologies in a specific case, have been or are reasonably likely to be compromised. (B) methodologies or technologies Not later than 1 year after the date of the enactment of this Act and biannually thereafter, the Commission shall issue rules (pursuant to section 553 of title 5, United States Code) or guidance to identify security methodologies or technologies which render data in electronic form unusable, unreadable, or indecipherable, that shall, if applied to such data, establish a presumption that no reasonable risk of identity theft, fraud, or other unlawful conduct exists following a breach of security of such data. Any such presumption may be rebutted by facts demonstrating that any such methodology or technology in a specific case has been or is reasonably likely to be compromised. In issuing such rules or guidance, the Commission shall consult with relevant industries, consumer organizations, and data security and identity theft prevention experts and established standards setting bodies. (3) FTC guidance Not later than 1 year after the date of the enactment of this Act the Commission shall issue guidance regarding the application of the exemption in paragraph (1). (g) Website Notice of Federal Trade Commission If the Commission, upon receiving notification of any breach of security that is reported to the Commission under subsection (a)(2), finds that notification of such a breach of security via the Commission’s Internet website would be in the public interest or for the protection of consumers, the Commission shall place such a notice in a clear and conspicuous location on its Internet website. (h) FTC Study on Notification in Languages in Addition to English Not later than 1 year after the date of enactment of this Act, the Commission shall conduct a study on the practicality and cost effectiveness of requiring the notification required by subsection (d)(1) to be provided in a language in addition to English to individuals known to speak only such other language. (i) General rulemaking authority The Commission may promulgate regulations necessary under section 553 of title 5, United States Code, to effectively enforce the requirements of this section. (j) Treatment of persons governed by other law A person who is in compliance with any other Federal law that requires such person to provide notification to individuals following a breach of security, and that, taken as a whole, provides protections substantially similar to, or greater than, those required under this section, as the Commission shall determine by rule (under section 553 of title 5, United States Code), shall be deemed to be in compliance with this section. 4. Application and Enforcement (a) General application The requirements of sections 2 and 3 shall only apply to those persons, partnerships, or corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ). (b) Enforcement by the Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 2 or 3 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of commission The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. Any person who violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. (3) Limitation In promulgating rules under this Act, the Commission shall not require the deployment or use of any specific products or technologies, including any specific computer software or hardware. (c) Enforcement by State Attorneys General (1) Civil action In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates section 2 or 3 of this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction— (A) to enjoin further violation of such section by the defendant; (B) to compel compliance with such section; or (C) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties (A) Calculation (i) Treatment of violations of section 2 For purposes of paragraph (1)(C) with regard to a violation of section 2, the amount determined under this paragraph is the amount calculated by multiplying the number of days that a person is not in compliance with such section by an amount not greater than $11,000. (ii) Treatment of violations of section 3 For purposes of paragraph (1)(C) with regard to a violation of section 3, the amount determined under this paragraph is the amount calculated by multiplying the number of violations of such section by an amount not greater than $11,000. Each failure to send notification as required under section 3 to a resident of the State shall be treated as a separate violation. (B) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amounts specified in clauses (i) and (ii) of 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. (C) Maximum total liability Notwithstanding the number of actions which may be brought against a person under this subsection, the maximum civil penalty for which any person may be liable under this subsection shall not exceed— (i) $5,000,000 for each violation of section 2; and (ii) $5,000,000 for all violations of section 3 resulting from a single breach of security. (3) Intervention by the FTC (A) Notice and intervention The State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (4) Construction For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (d) Affirmative Defense for a Violation of section 3 (1) In general It shall be an affirmative defense to an enforcement action brought under subsection (b), or a civil action brought under subsection (c), based on a violation of section 3, that all of the personal information contained in the data in electronic form that was acquired or accessed as a result of a breach of security of the defendant is public record information that is lawfully made available to the general public from Federal, State, or local government records and was acquired by the defendant from such records. (2) No effect on other requirements Nothing in this subsection shall be construed to exempt any person from the requirement to notify the Commission of a breach of security as required under section 3(a). 5. Definitions In this Act, the following definitions apply: (1) Breach of security The term breach of security means the unauthorized acquisition of data in electronic form containing personal information. (2) Commission The term Commission means the Federal Trade Commission. (3) Consumer reporting agency The term consumer reporting agency has the meaning given the term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). (4) Data in electronic form The term data in electronic form means any data stored electronically or digitally on any computer system or other database and includes recordable tapes and other mass storage devices. (5) Encryption The term encryption means the protection of data in electronic form in storage or in transit using an encryption technology that has been adopted by an established standards setting body which renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data. Such encryption must include appropriate management and safeguards of such keys to protect the integrity of the encryption. (6) Identity theft The term identity theft means the unauthorized use of another person’s personal information for the purpose of engaging in commercial transactions under the name of such other person. (7) Information broker The term information broker — (A) means a commercial entity whose business is to collect, assemble, or maintain personal information concerning individuals who are not current or former customers of such entity in order to sell such information or provide access to such information to any nonaffiliated third party in exchange for consideration, whether such collection, assembly, or maintenance of personal information is performed by the information broker directly, or by contract or subcontract with any other entity; and (B) does not include a commercial entity to the extent that such entity processes information collected by and received from a nonaffiliated third party concerning individuals who are current or former customers or employees of such third party to enable such third party to (1) provide benefits for its employees or (2) directly transact business with its customers. (8) Personal information (A) Definition The term personal information means an individual’s first name or initial and last name, or address, or phone number, in combination with any 1 or more of the following data elements for that individual: (i) Social Security number. (ii) Driver’s license number, passport number, military identification number, or other similar number issued on a government document used to verify identity. (iii) Financial account number, or credit or debit card number, and any required security code, access code, or password that is necessary to permit access to an individual’s financial account. (B) Modified definition by rulemaking The Commission may, by rule promulgated under section 553 of title 5, United States Code, modify the definition of personal information under subparagraph (A)— (i) for the purpose of section 2 to the extent that such modification will not unreasonably impede interstate commerce, and will accomplish the purposes of this Act; or (ii) for the purpose of section 3, to the extent that such modification is necessary to accommodate changes in technology or practices, will not unreasonably impede interstate commerce, and will accomplish the purposes of this Act. (9) Public record information The term public record information means information about an individual which has been obtained originally from records of a Federal, State, or local government entity that are available for public inspection. (10) Non-public information The term non-public information means information about an individual that is of a private nature and neither available to the general public nor obtained from a public record. (11) Service provider The term service provider means an entity that provides to a user transmission, routing, intermediate and transient storage, or connections to its system or network, for electronic communications, between or among points specified by such user of material of the user’s choosing, without modification to the content of the material as sent or received. Any such entity shall be treated as a service provider under this Act only to the extent that it is engaged in the provision of such transmission, routing, intermediate and transient storage or connections. 6. Effect on other laws (a) Preemption of State Information Security Laws This Act supersedes any provision of a statute, regulation, or rule of a State or political subdivision of a State, with respect to those entities covered by the regulations issued pursuant to this Act, that expressly— (1) requires information security practices and treatment of data containing personal information similar to any of those required under section 2; and (2) requires notification to individuals of a breach of security resulting in unauthorized access to or acquisition of data in electronic form containing personal information. (b) Additional Preemption (1) In general No person other than a person specified in section 4(c) may bring a civil action under the laws of any State if such action is premised in whole or in part upon the defendant violating any provision of this Act. (2) Protection of consumer protection laws This subsection shall not be construed to limit the enforcement of any State consumer protection law by an attorney general of a State. (c) Protection of Certain State Laws This Act shall not be construed to preempt the applicability of— (1) State trespass, contract, or tort law; or (2) other State laws to the extent that those laws relate to acts of fraud. (d) Preservation of FTC Authority Nothing in this Act may be construed in any way to limit or affect the Commission’s authority under any other provision of law. 7. Effective date This Act shall take effect 1 year after the date of enactment of this Act. 8. Authorization of appropriations There is authorized to be appropriated to the Commission $1,000,000 for each of fiscal years 2011 through 2016 to carry out this Act.
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113-hr-4401
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I 113th CONGRESS 2d Session H. R. 4401 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Schrader (for himself and Ms. Bonamici ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to provide for the immediate designation of substitute representative payees, and for other purposes.
1. Short title This Act may be cited as the Social Security Temporary Emergency Payee Act . 2. Substitute representative payees (a) In general Section 205(j)(1) of the Social Security Act ( 42 U.S.C. 405(j)(1) ) is amended— (1) in subparagraph (A), by striking the second sentence; and (2) by adding at the end the following: (C) If the Commissioner of Social Security or a court of competent jurisdiction determines that the representative payee for an individual has died, has misused any individual's benefit paid to such representative payee pursuant to this subsection or section 807 or 1631(a)(2), or has otherwise become unable or unwilling to continue serving as a representative payee, the Commissioner of Social Security shall— (i) immediately revoke certification for payment of the individual’s benefits to such representative payee; and (ii) (I) notwithstanding paragraph (2), as of the date of the revocation required under clause (i), certify payment of such benefits, on a permanent or temporary basis, to a qualified organization (as defined in paragraph (4)(B)) to serve as a substitute representative payee for the individual; or (II) if the interest of the individual under this title would be served thereby, certify payment of such benefits to the individual. . (b) No deferral of benefit payment during selection of substitute payee Section 205(j)(2)(D) of such Act (42 U.S.C. (j)(2)(D)) is amended— (1) in clause (i), by striking clause (ii) and inserting clauses (ii) and (iii) ; (2) by redesignating clause (iii) as clause (iv); and (3) by inserting after clause (ii) the following: (iii) This subparagraph shall not apply with respect to the selection of a representative payee for an individual in any case in which a representative payee has previously been designated for such individual. .
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113-hr-4402
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I 113th CONGRESS 2d Session H. R. 4402 IN THE HOUSE OF REPRESENTATIVES April 4, 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 authorize the Secretary of the Navy to establish a surface danger zone over the Guam National Wildlife Refuge or any portion thereof to support the operation of a live-fire training range complex.
1. Short title This Act may be cited as the Guam Military Training and Readiness Act of 2014 . 2. Establishment of a surface danger zone, Guam National Wildlife Refuge (a) Authority To establish The Secretary of the Navy may establish a surface danger zone over the Guam National Wildlife Refuge or any portion thereof if the Secretary determines that establishment of a surface danger zone will support the operation by the Department of the Navy of a live-fire training range complex on Andersen Air Force Base, Northwest Field, to support training and operations. (b) Treatment of operations The operation of a live-fire training range complex on Andersen Air Force Base, Northwest Field, and associated surface danger zone, if established under subsection (a), are deemed to be authorized uses of the Guam National Wildlife Refuge. (c) Closure to Public (1) Authority to close The Secretary of the Navy may close to public use any road or trail within, or any portion of, the Guam National Wildlife Refuge if the Secretary determines that military operations, public safety, or national security require the closure. (2) Limited area and duration The Secretary shall limit a closure under paragraph (1) to the minimum area and period that the Secretary determines to be appropriate for the purpose for which the closure is imposed. (3) Notification requirements Before imposing a closure under paragraph (1), and for the duration of the closure, the Secretary shall— (A) post and maintain appropriate warning notices regarding the closure; and (B) take appropriate steps to notify the public concerning of the closure. (d) Relation to refuge management and uses Nothing in this section limits the management authority of the Secretary of the Interior over the Guam National Wildlife Refuge and other uses of the Guam National Wildlife Refuge established pursuant to section 4 of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd ) to the extent such management authority and refuge uses are compatible with the authorities provided to the Secretary of the Navy under subsections (a) and (c).
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113-hr-4403
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I 113th CONGRESS 2d Session H. R. 4403 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Ms. Clarke of New York (for herself, Mr. Rangel , Mr. Grimm , Mrs. McCarthy of New York , and Mr. Richmond ) 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 waive the 10-percent penalty on qualified natural disaster distributions from qualified retirement plans.
1. Short title This Act may be cited as the Homeowner Disaster Relief Act of 2014 . 2. Waiver of 10-percent penalty on qualified natural disaster distributions from qualified retirement plans (a) In general Section 72(t)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (H) Qualified natural disaster distributions (i) In general Any qualified natural disaster distribution. (ii) Cross reference For definitions and rules related to qualified natural disaster distributions, see paragraph (11). . (b) Definitions and special rules Section 72(t) of such Code is amended by adding at the end the following new paragraph: (11) Qualified natural disaster distributions (A) In general Except as provided in subparagraph (B), the term qualified natural disaster distribution means any distribution from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii), to an individual if— (i) such individual sustained an economic loss by reason of a federally declared disaster, (ii) the principal place of abode of such individual on the disaster declaration date is in the disaster area, and (iii) such distribution is made during the 1-year period beginning on the disaster declaration date. (B) Aggregate dollar limitation (i) In general The aggregate amount of distributions received by an individual which may be treated as qualified natural disaster distributions for any taxable year with respect to any federally declared disaster shall not exceed the excess (if any) of— (I) $100,000, over (II) the aggregate amounts treated as qualified natural disaster distributions with respect to such federally declared disaster received by such individual for all prior taxable years. (ii) Treatment of plan distributions If a distribution to an individual would (without regard to clause (i)) be a qualified natural disaster distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified natural disaster distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. (iii) Controlled group For purposes of clause (ii), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. (C) Amount distributed may be repaid Any individual who receives a qualified natural disaster distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions to an individual retirement plan of such individual in an aggregate amount not to exceed the amount of such distribution. The dollar limitations otherwise applicable to contributions to individual retirement plans shall not apply to any contribution made pursuant to the preceding sentence. No deduction shall be allowed for any contribution pursuant to this subparagraph. (D) Federally declared disaster For purposes of this paragraph— (i) In general The term federally declared disaster means any disaster subsequently determined by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (ii) Disaster area The term disaster area means the area so determined to warrant such assistance. (iii) Disaster declaration date The term disaster declaration date means the date of such determination. . (c) Effective date The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.
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113-hr-4404
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I 113th CONGRESS 2d Session H. R. 4404 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Crawford (for himself and Mr. Griffin of Arkansas ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General to acquire data, for each calendar year, about sexual offenses, including rape, that occur aboard aircraft.
1. Short title This Act may be cited as the Sexual Assault Reporting on Aircraft Act of 2014 or the SARA Act of 2014 . 2. Statistics relating to sexual offenses that occur aboard aircraft Under the authority of section 534 of title 28, United States Code, the Attorney General shall acquire data, for each calendar year, about sexual offenses, including rape, that occur aboard aircraft.
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113-hr-4405
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I 113th CONGRESS 2d Session H. R. 4405 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to prohibit the possession of a firearm by a person who is adjudicated to have committed a violent juvenile act.
1. Short title This Act may be cited as the Preventing Gun Violence Act . 2. Prohibition on possession of a firearm by a person who is adjudicated to have committed a violent juvenile act (a) Possession ban Section 922(g) of title 18, United States Code, is amended— (1) by striking or at the end of paragraph (8); (2) by striking the comma at the end of paragraph (9) and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) who has been adjudicated by a court of the United States to have committed a violent juvenile act, . (b) Violent juvenile act defined Section 921(a) of such title is amended by adding at the end the following: (36) The term violent juvenile act means— (A) an act by a person before the person attains 18 years of age that, if committed by an adult, would be punishable by a term of imprisonment exceeding one year, and— (i) has as an element the use, attempted use, or threatened use of physical force against another person; or (ii) by its nature, involves a substantial risk that physical force against another person may be used in the course of committing the act; and (B) an act described in subparagraph (A)— (i) by a person who has attained 18 years of age but not 21 years of age; and (ii) for which the person is tried as a juvenile or youthful offender under State law. .
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113-hr-4406
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I 113th CONGRESS 2d Session H. R. 4406 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Lance introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title I of the Patient Protection and Affordable Care Act to impose restrictions on the risk corridor program.
1. Short title This Act may be cited as the Taxpayer Bailout Protection Act . 2. Restrictions on PPACA risk corridor program Section 1342(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18062(b) ) is amended— (1) in paragraph (1), by striking The Secretary and inserting Subject to paragraph (3), the Secretary ; and (2) by adding at the end the following new paragraph: (3) Safeguard to protect taxpayers (A) In general The Secretary shall ensure that the amount of payments to plans under paragraph (1) for a plan year beginning during calendar year 2014, 2015, or 2016 does not exceed the amount of payments to the Secretary under paragraph (2) for such plan year. (B) Adjustment to protect taxpayers The Secretary shall proportionately decrease the amount of payments to plans under paragraph (1) in order to ensure that the requirement of subparagraph (A) is satisfied each year. .
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113-hr-4407
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I 113th CONGRESS 2d Session H. R. 4407 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Luetkemeyer (for himself and Mr. Harper ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Administrator of the Environmental Protection Agency to set reasonable limits on the stringency and timing of proposed regulations for new residential wood heaters, new residential hydronic heaters, new forced-air furnaces, and new residential masonry heaters, and for other purposes.
1. Short title This Act may be cited as the Wood Stove Regulatory Relief Act of 2014 . 2. Regulation of new residential wood heaters, new residential hydronic heaters, new forced-air furnaces, and new residential masonry heaters (a) Prohibition During the period specified in subsection (c), the Administrator may not finalize, issue, implement, or enforce any rule described in subsection (b) unless such rule meets the requirements described in subsection (d). (b) Rules Subsection (a) applies with respect to— (1) the proposed rule entitled Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces, and New Residential Masonry Heaters published at 79 Fed. Reg. 6330 (February 3, 2014) or any successor or substantially similar rule; and (2) any other rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) that is applicable to any new source that is a residential wood heater, a residential hydronic heater, a forced-air furnace, or a residential masonry heater. (c) Applicability This Act applies during the 8-year period beginning on the date of enactment of this Act. (d) Requirements (1) Numeric emission limits During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator may not establish a particulate matter emissions limit— (A) for adjustable rate wood heaters or pellet heaters/stoves that were, on or before the effective date of the rule, certified as being in compliance with any applicable standard of performance for particulate matter, that is less than 4.5 grams of particulate matter per hour; (B) for all other adjustable rate wood heaters, single burn rate wood heaters, or pellet heaters/stoves, that is less than 4.5 grams of particulate matter per hour; (C) for any residential hydronic heater, that is less than 0.32 pound per million British thermal unit heat output as measured under ASTM E2618–13 Standard Test Method for Measurement of Particulate Emissions and Heating Efficiency of Solid Fuel-Fired Hydronic Heating Appliances using either cordwood or cribs; or (D) for any forced-air furnace, that is less than 0.93 pound per million British thermal unit heat output. (2) Transition period During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator shall— (A) with respect to a residential wood heater that was certified on or before the effective date of the rule by the Administrator as in compliance with any applicable emissions limit in effect prior to the date of enactment of this Act— (i) provide that such certification shall remain valid until the date that is five years after such heater was certified; and (ii) permit any such heater to be manufactured and sold at retail until the date that is five years after such heater was certified; (B) with respect to a forced-air furnace— (i) except as provided in clause (ii)— (I) that is manufactured on or before the effective date of such rule, permit such forced-air furnace to be sold at retail for a period of at least one year after such effective date; or (II) that is manufactured after the effective date of such rule, not require such forced-air furnace to meet any applicable particulate matter emissions limit set forth in such rule until the date that is at least one year after such effective date; or (ii) that was tested under Canadian Standards Administration B415.1–10 test protocol on or before the effective date of the rule and met a particulate matter emissions limit of 0.93 pound per million British thermal unit heat output, permit such forced-air furnace to be manufactured and sold at retail for a period of five years after such effective date; and (C) with respect to a hydronic heater that— (i) is a qualified model, deem such hydronic heater to be certified as in compliance with any otherwise applicable emissions limit under such rule for the duration of the period it would be considered a qualified model, but in no case for a period of less than 3 years beginning on the effective date of such rule; or (ii) is not a qualified model and that is manufactured on or before the effective date of such rule, permit such hydronic heater to be sold at retail for a period of at least one year after such effective date. (3) Certification procedures (A) Independent Accredited Third Party Testing and Certification During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator shall provide that certifications of compliance with any applicable emissions limit under such rule be issued by independent third party laboratories accredited as certification bodies under ISO/IEC 17065, based on testing performed by the certification body or another laboratory accredited under ISO/IEC 17025 to perform certification testing. (B) Limited role of EPA During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator shall provide that the Environmental Protection Agency’s role in any certification or auditing process provided in such rule shall be limited to conducting selective audits of the testing, certification, and quality assurance/quality control functions performed by certification bodies or test laboratories that are accredited by the ISO. (e) Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) ISO The term ISO means the International Organization for Standardization. (3) ISO/IEC 17025 The term ISO/IEC 17025 means the International Organization for Standardization/International Electrotechnical Commission standard number 17025. (4) ISO/IEC 17065 The term ISO/IEC 17065 means the International Organization for Standardization/International Electrotechnical Commission standard number 17065. (5) New source The term new source has the meaning given such term in section 111(a)(2) of the Clean Air Act ( 42 U.S.C. 7411(a)(2) ). (6) Standard of performance The term standard of performance has the meaning given such term in section 111(a)(1) of the Clean Air Act ( 42 U.S.C. 7411(a)(1) ). (7) Qualified model The term qualified model means, with respect to a hydronic heater, a model that had been shown to meet performance levels established by the Administrator under a voluntary partnership program in effect prior to the date of enactment of this Act.
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113-hr-4408
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I 113th CONGRESS 2d Session H. R. 4408 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Maffei introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to establish a task force on Agent Orange exposure.
1. Short title This Act may be cited as the Lawrence J. Hackett Jr. Vietnam Veterans Agent Orange Fairness Act . 2. Department of Veterans Affairs task force on Agent Orange exposure (a) Establishment The Secretary of Veterans Affairs shall establish a task force to assess and make recommendations about the care and compensation that should be provided to veterans who have been exposed to Agent Orange, their spouses, and multiple generations of their offspring. (b) Composition The task force shall be composed of the following: (1) The Secretary of Veterans Affairs. (2) The Under Secretary of Veterans Affairs for Benefits. (3) The Under Secretary of Veterans Affairs for Health. (4) At least one representative from the Institute of Medicine. (5) Individuals selected by the Secretary who represent veterans’ service organizations recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. (6) Such other individuals selected by the Secretary who represent such other organizations and institutions as the Secretary considers appropriate. (c) Duties The duties of the task force are as follows: (1) To make recommendations to establish a program to be known as the Agent Orange Illness Compensation Program to provide an exposed veteran, or eligible survivor of that veteran if the veteran is deceased, a lump sum payment for the injury, illness, or death of that veteran. (2) To make recommendations for the establishment of a coordinated, ongoing, national outreach and education campaign using such means as direct mail, on-line media, social media, and traditional media to communicate information about Agent Orange exposures and health conditions to veterans who are affected by incidents of toxic exposures and their families. (3) To make recommendations for compensation and health care for individuals with Spina Bifida, birth defects, or other illnesses who are the children or descendants of members of the Armed Forces who served in the Republic of Vietnam or in or near the demilitarization zone in Korea during certain time periods determined by the task force. (4) To make recommendations for the establishment of a unified policy to deal with the consequences of exposure to hazardous materials in the military. (d) Duration The task force established under subsection (a) shall terminate not later than two years after the date on which the task force is established under such subsection. (e) Reports (1) Submittal of report Not later than one year after the date of the establishment of the task force, the Secretary of Veterans Affairs shall submit to Congress a report on the findings of the task force this section. (2) Assessment of implementation Not later than 120 days after the termination of the task force, the Secretary shall submit to Congress a report containing the assessment of the Secretary regarding the implementation of the findings of the task force. (f) Definition of Agent Orange In this section, the term Agent Orange means a chemical in an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.
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113-hr-4409
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I 113th CONGRESS 2d Session H. R. 4409 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Thompson of Mississippi (for himself, Mr. Harper , Mr. Lewis , and Mr. Nunnelee ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award posthumously a Congressional Gold Medal, collectively, to James Chaney, Andrew Goodman, and Michael Schwerner to commemorate the lives they lost 50 years ago in an effort to bring justice and equality to Americans in Mississippi during Freedom Summer.
1. Findings Congress finds the following: (1) June 21, 2014, will mark 50 years since the lives of James Chaney, Andrew Goodman, and Michael Schwerner were brutally taken on the basis of racism and hatred. (2) Chaney, Goodman, and Schwerner were assisting Congress of Racial Equality in Mississippi during the Freedom Summer of 1964, wherein they risked their lives leading voting registration efforts for people who were denied the right to vote. (3) Chaney, Goodman, and Schwerner were imprisoned in Neshoba County, Mississippi, without due process and released into the dead of the night into the hands of Klansmen. (4) The disappearance of these devoted civil rights activists captured national attention and led to an investigation by the Federal Bureau of Investigations. (5) Following a 44-day search by Federal agents, the grim remains of James Chaney, Andrew Goodman, and Michael Schwerner were discovered in an earthen dam. (6) This tragedy galvanized momentum for the Civil Rights Movement and helped to secure the passage of the Civil Rights Act of 1964 and later the Voting Rights Act of 1965 and led to the first permanent Federal Bureau of Investigation field office in the State of Mississippi. (7) Justice was delayed 41 years, to the day, for these three brave men and their families until a Neshoba County grand jury found 1 of the 18 men originally charged in the case guilty on three counts of murder. (8) These three valiant activists are representative of countless individuals who lost their lives on a quest for justice and equality, including Henry Hezekiah Dee and Charles Eddie More whose bodies were also found during the massive search for Chaney, Goodman, and Schwerner. (9) Chaney, Goodman, and Schwerner’s legacy of advocacy and unyielding resolve for justice in the face of peril is one that continues to be embodied in young adults across this great country. (10) It is befitting that Congress bestow the highest civilian honor, the Congressional Gold Medal, in 2014 to James Chaney, Andrew Goodman, and Michael Schwerner, posthumously in recognition of the 50th commemoration of their kidnapping and subsequent murders. 2. Congressional Gold Medal (a) Award authorized The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, collectively, to James Chaney, Andrew Goodman, and Michael Schwerner to commemorate the lives they lost 50 years ago in an effort to bring justice and equality to Americans in Mississippi during Freedom Summer. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Award of medal Following the award of the gold medal described in subsection (a), the medal shall be given to Tougaloo College in Tougaloo, Mississippi, where it shall be available for display or temporary loan to be displayed elsewhere, as appropriate. 3. Duplicate medals (a) In general The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses. (b) National Medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (c) Numismatic Items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 4. Authorization to use amounts There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2.
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113-hr-4410
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I 113th CONGRESS 2d Session H. R. 4410 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Ms. Tsongas (for herself, Mr. Langevin , and Mr. Ruppersberger ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To improve the national defense laboratories by increasing retention and hiring flexibility to enable the laboratories to perform breakthrough scientific research and effectively fulfill the needs of members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the DoD Laboratory Authorities for Breakthrough Scientific Research Act or the DoD LABS Research Act . 2. Travel to technical symposium or technical conference The Secretary of Defense may not prohibit an employee of a defense laboratory from traveling to a technical symposium or technical conference if the head of the defense laboratory— (1) determines that there are sufficient amounts available to the defense laboratory for such travel; and (2) approves of such travel using the standard procedures for approving travel. 3. Inclusion of qualified students in the temporary authorities for certain positions at Department of Defense research and engineering facilities Section 1107(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 887; 10 U.S.C. 2358 note) is amended to read as follows: (1) Candidates for scientific and engineering positions at science and technology reinvention laboratories (A) The director of any Science and Technology Reinvention Laboratory (hereinafter in this section referred to as an STRL ) may appoint qualified candidates to positions described in paragraph (1) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than section 3303 and 3328 of such title). (B) Notwithstanding the provisions of chapter 51 of title 5, United States Code, for purposes of this subsection, the term qualified candidate means an individual who— (i) has earned a bachelor’s degree; or (ii) is a student enrolled in a program of undergraduate or graduate instruction leading to a bachelor’s or master’s degree in a scientific, technical, engineering, mathematical, or medical course of study at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001)). . 4. Assessment of certain Department of Defense hiring practices (a) Assessment report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation and use by the Department of Defense of the following hiring authorities: (1) Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note). (2) Section 1107 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 887; 10 U.S.C. 2358 note). (3) Section 9903 of title 5, United States Code (relating to highly qualified experts). (4) The Intergovernmental Personnel Act ( 5 U.S.C. 3371 et seq. ). (b) Contents The report required under subsection (a) shall contain— (1) a description, including quantitative data, of the implementation and use by each service and Defense Agency within the Department of Defense of each authority in subsection (a), including issues encountered, successes, and lessons learned; and (2) recommendations with respect to— (A) improvements for such authorities; (B) tailoring the number of positions or eliminating any limitation on the numbers of positions provided in such authorities (if applicable); (C) how such authorities can be used or improved to best suit the needs of each Department of Defense laboratory; and (D) the continuance of the hiring authority provided under section 1107 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 887; 10 U.S.C. 2358 note) beyond the sunset date provided in subsection (e) of such section. 5. Permanent authority for experimental personnel program for scientific and technical personnel (a) In general Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261) is amended by striking subsections (e) and (f). (b) Technical and conforming amendments Such section is further amended— (1) in the section heading, by striking Experimental ; (2) in subsection (a)— (A) by striking During the program period specified in subsection (e)(1), the and inserting The ; and (B) by striking experimental ; (3) in subsection (d)(1)— (A) in the matter preceding subparagraph (A), by striking 12-month period and inserting calendar year ; and (B) in subparagraph (A), striking fiscal year and inserting calendar year ; (4) by redesignating subsection (g) as subsection (e); and (5) in subsection (e) (as redesignated by paragraph (4)), by striking in which the authority under this section is in effect .
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113-hr-4411
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I 113th CONGRESS 2d Session H. R. 4411 IN THE HOUSE OF REPRESENTATIVES April 7, 2014 Mr. Meadows (for himself, Mr. Schneider , Mr. Royce , and Mr. Engel ) introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 prevent Hezbollah and associated entities from gaining access to international financial and other institutions, and for other purposes.
1. Short title This Act may be cited as the Hezbollah International Financing Prevention Act of 2014 . I Prevention of access by Hezbollah to international financial and other institutions 101. Findings; Statement of policy (a) Findings Congress finds the following: (1) The United States Government holds Hezbollah responsible for the largest number of American deaths overseas by a terrorist organization prior to the attacks of September 11, 2001, including a number of attacks on and hostage takings targeting Americans in Lebanon during the 1980s, including the bombing of the United States Embassy in Beirut in April 1983, and the bombing of the United States Marine barracks in October 1983. (2) Hezbollah’s operations outside of Lebanon, including its participation in bombings of Israeli and Jewish institutions in Argentina during the 1990s, recent support to Shiite insurgents in Iraq, recent attacks and attempted attacks in Europe, Southeast Asia, and elsewhere, and extensive international operational, logistical, and financial networks have rendered it a capable and deadly adversary with global reach. (3) Hezbollah has been designated as a terrorist organization by the United States since 1995, and remains on foreign terrorist organization and Specially Designated Terrorist lists. (4) In March 2013, a Cypriot court convicted a Hezbollah member for participation in a criminal organization, planning to commit a crime and money laundering. In July 2013, the Bulgarian government concluded that Hezbollah was responsible for the 2012 Burgas bombing, which killed six people. (5) In July 2013, the European Union designated the military wing of Hezbollah as a terrorist organization. The designation helps to facilitate European law enforcement agencies’ actions against Hezbollah’s fundraising, logistical activity, and terrorist plotting on European soil. (6) In July 2013, the Gulf Cooperation Council, consisting of Saudi Arabia, Qatar, Bahrain, Kuwait, Oman and the United Arab Emirates, declared Hezbollah a terrorist organization. (7) Hezbollah continues to provide material assistance, including assuming a combat role, in Syria, and aids the Government of Iran and the Government of Syria in their human rights and other abuses perpetrated against the Syrian people. (8) An estimated 5,000 Hezbollah fighters are supporting the Assad regime in Syria by fighting on his behalf and by providing military training, advice and logistical support to regime forces. (9) Hezbollah continues to serve as a proxy of Iran, in its effort to target the United States and its allies and interests. (10) Hezbollah’s global logistics and financial network serves as a lifeline to the organization, and enables it to consolidate power within Lebanon and provides it with the capabilities to perpetrate complex attacks internationally. (11) Hezbollah has evolved into a significant drug smuggling organization, and also engages in other serious criminal activity, including money laundering, counterfeiting pharmaceuticals, and trade in conflict diamonds. (12) In April 2013, the Department of the Treasury blacklisted two Lebanese exchange houses, Kassem Rmeiti & Co. and Halawi Exchange Co., for laundering drug profits for Hezbollah, and stated that Hezbollah was operating like an international drug cartel . (13) In 2009, the Department of the Treasury blacklisted the Lebanese Canadian Bank as a primary money laundering concern, alleging that it is part of a drug trafficking network that profited Hezbollah by moving approximately $200,000,000 per month. (14) The Department of Justice reports that 29 of the 63 organizations on its FY 2010 Consolidated Priority Organization Targets list, which includes the most significant international drug trafficking organizations (DTOs) threatening the United States, were associated with terrorist groups. There is concern about Hezbollah’s drug and criminal activities, as well as indications of links between al-Qa`ida in the Lands of the Islamic Maghreb and the drug trade. (15) Al-Manar, the Lebanese satellite television station affiliated with Hezbollah broadcasting from Beirut, Lebanon, was designated as a Specially Designated Global Terrorist entity in 2004, but continues to be carried by international broadcasting agents. (16) Hezbollah continues to present a threat to the United States and its allies and interests. (b) Statement of policy It shall be the policy of the United States to— (1) prevent Hezbollah’s global logistics and financial network from operating in order to curtail funding of its domestic and international activities; and (2) utilize all available diplomatic, legislative, and executive avenues to combat the criminal activities of Hezbollah as a means to block that organization’s ability to fund its global terrorist activities. 102. Report on imposition of sanctions on certain satellite providers that carry al-Manar TV (a) In general Not later than 30 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that includes— (1) a list of all satellite, broadcast, or other providers that knowingly transmits or otherwise broadcasts the content of al-Manar TV, and any affiliates or successors thereof; and (2) with respect to all providers included on the list pursuant to paragraph (1)— (A) an identification of those providers that have been sanctioned pursuant to Executive Order 13224 (September 23, 2001); and (B) an identification of those providers that have not been sanctioned pursuant to Executive Order 13224 and, with respect to each such provider, the reason why sanctions have not been imposed. (b) Form The report required by subsection (a) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. 103. Sanctions with respect to financial institutions that engage in certain transactions (a) Prohibitions and conditions with respect to certain accounts held by foreign financial institutions (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, with the concurrence of the Secretary of State and in consultation with the heads of other applicable departments and agencies, shall prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the Secretary finds engages in an activity described in paragraph (2). (2) Activities described A foreign financial institution engages in an activity described in this paragraph if the foreign financial institution— (A) knowingly facilitates the activities of Hezbollah, including its agents, instrumentalities, affiliates, or successors; (B) knowingly facilitates the activities of a person acting on behalf of or at the direction of, or owned or controlled by, a person described in subparagraph (A); (C) knowingly engages in money laundering to carry out an activity described in subparagraph (A) or (B); (D) knowingly facilitates a significant transaction or transactions or provides significant financial services to carry out an activity described in subparagraph (A), (B), or (C), including facilitating a significant transaction or transactions or providing significant financial services that involve a transaction of gold, silver, platinum, or other precious metals; or (E) (i) knowingly facilitates, or participates or assists in, an activity described in subparagraph (A), (B), (C), or (D), including by acting on behalf of, at the direction of, or as an intermediary for, or otherwise assisting, another person with respect to the activity described in any such subparagraph; (ii) knowingly attempts or conspires to facilitate or participate in an activity described in subparagraph (A), (B), (C), or (D); or (iii) is owned or controlled by a foreign financial institution that the Secretary finds knowingly engages in an activity described in subparagraph (A), (B), (C), or (D). (3) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under paragraph (1) of this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. (4) Regulations The Secretary of the Treasury shall prescribe and implement regulations to carry out this subsection. (b) Requirements for financial institutions maintaining accounts for foreign financial institutions (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to require a domestic financial institution maintaining a correspondent account or payable-through account in the United States for a foreign financial institution to do one or more of the following: (A) Report to the Department of the Treasury with respect to financial transactions or other financial services provided with respect to any activity described in subsection (a). (B) Provide timely and accurate information to domestic financial institutions maintaining a correspondent account or payable-through account in the United States for a foreign financial institution with respect to any activity described in subsection (a). (C) Establish due diligence policies, procedures, and controls, such as the due diligence policies, procedures, and controls described in section 5318(i) of title 31, United States Code, reasonably designed to detect whether the Secretary of the Treasury has found the foreign financial institution to knowingly engage in any activity described in subsection (a). (2) Penalties The penalties provided for in sections 5321(a) and 5322 of title 31, United States Code, shall apply to a person that violates a regulation prescribed under paragraph (1) of this subsection, in the same manner and to the same extent as such penalties would apply to any person that is otherwise subject to such section 5321(a) or 5322. (c) Waiver The Secretary of the Treasury, with the concurrence of the Secretary of State and in consultation with the heads of other applicable departments and agencies, may waive the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) on and after the date that is 30 days after the Secretary of the Treasury, with the concurrence of the Secretary of State— (1) determines that such a waiver is vital to the national security interests of the United States; and (2) submits to the appropriate congressional committees a report describing the reasons for the determination. (d) Provisions relating to foreign central banks (1) Report Not later than 45 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that— (A) identifies each foreign central bank that the Secretary finds engages in one or more activities described in subsection (a)(2)(D); and (B) provides a detailed description of each such activity. (2) Special rule to allow for termination of sanctionable activity The Secretary of the Treasury shall not be required to apply sanctions to a foreign central bank described in the report required under paragraph (1) if the Secretary of the Treasury, with the concurrence of the Secretary of State and in consultation with the heads of other applicable departments and agencies, certifies in writing to the appropriate congressional committees that— (A) the foreign central bank— (i) is no longer engaging in the activity described in subsection (a)(2)(D); or (ii) has taken significant verifiable steps toward terminating the activity described in subsection (a)(2)(D) not later than 90 days after the date on which the Secretary makes such certification; and (B) the Secretary has received reliable assurances from the government with primary jurisdiction over the foreign central bank that the foreign central bank will not engage in any activity described in subsection (a)(2)(D) in the future. (e) Definitions (1) In general In this section: (A) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (B) Agent The term agent includes an entity established by a person for purposes of conducting transactions on behalf of the person in order to conceal the identity of the person. (C) Appropriate congressional committees The term appropriate congressional committees means— (i) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (ii) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (D) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (R), or (Y) of section 5312(a)(2) of title 31, United States Code. (E) Foreign financial institution; domestic financial institution (i) Foreign financial institution The term foreign financial institution — (I) has the meaning of such term as determined by the Secretary of the Treasury; and (II) includes a foreign central bank. (ii) Domestic financial institution The term domestic financial institution has the meaning of such term as determined by the Secretary of the Treasury. (F) Money laundering The term money laundering means any of the activities described in paragraph (1), (2), or (3) of section 1956(a) of title 18, United States Code, with respect to which penalties may be imposed pursuant to such section. (2) Other definitions The Secretary of the Treasury may further define the terms used in this section in the regulations prescribed under this section. II Designation of Hezbollah as a major drug smuggling enterprise and a transnational criminal organization 201. Designation of Hezbollah as significant foreign narcotics traffickers (a) In general Not later than 30 days after the date of the enactment of this Act, the President shall determine if Hezbollah meets the criteria specified for designation of a significant foreign narcotics trafficker under the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq. ). (b) Affirmative determination If the President determines under subsection (a) that Hezbollah meets the criteria set forth under the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq. ), the President shall designate Hezbollah as a significant foreign narcotics trafficker under such Act. (c) Negative Determination (1) In general If the President determines under subsection (a) that Hezbollah does not meet the criteria set forth under the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), the President shall submit to the appropriate congressional committees a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain classified annex, if necessary. 202. Designation of Hezbollah as a significant transnational criminal organization (a) In general Not later than 30 days after the date of the enactment of this Act, the President shall determine if Hezbollah meets the criteria specified for designation as a significant transnational criminal organization under Executive Order 13581 (76 Fed. Reg. 44757), and the authorities granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), the National Emergencies Act ( 50 U.S.C. 1601 et seq. ), and section 301 of title 3, United States Code. (b) Affirmative determination If the President determines under subsection (a) that Hezbollah meets the criteria set forth under the orders and statutes specified in subsection (a), the President shall designate Hezbollah a significant transnational criminal organization under such orders and statutes. (c) Negative Determination (1) In general If the President determines under subsection (a) that Hezbollah does not meet the criteria set forth under the orders and statutes specified in subsection (a), the President shall submit to the appropriate congressional committees a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain classified annex, if necessary. 203. Report on Hezbollah’s involvement in the trade of conflict diamonds (a) In general Not later than 180 days after the date of the enactment of this Act, 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 detailing Hezbollah’s involvement in the trade in rough diamonds outside of the Kimberly Process Certification Scheme. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 204. Appropriate congressional committees defined In this title, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Finance, and the Committee on the Judiciary of the Senate. III Miscellaneous provisions 301. Rule of construction Nothing in this Act or any amendment made by this Act shall apply to the authorized intelligence activities of the United States. 302. Regulatory authority (a) In general 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 Act and the amendments made by this Act. (b) Notification to congress Not less than 10 days prior to the promulgation of regulations under subsection (a), the President shall notify the appropriate congressional committees (as defined in section 204) of the proposed regulations and the provisions of this Act and the amendments made by this Act that the regulations are implementing. 303. Termination Any provision of this Act or amendment made by this Act shall cease to be in effect beginning 30 days after the date on which the President certifies to Congress that Hezbollah— (1) is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); (2) is no longer listed in the Annex to Executive Order 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and (3) poses no significant threat to United States national security, interests, or allies.
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113-hr-4412
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I 113th CONGRESS 2d Session H. R. 4412 IN THE HOUSE OF REPRESENTATIVES April 7, 2014 Mr. Palazzo (for himself and Mr. Smith of Texas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To authorize the programs of the National Aeronautics and Space Administration, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the National Aeronautics and Space Administration Authorization Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Authorization of Appropriations Sec. 101. Fiscal year 2014. Title II—Human Space Flight Subtitle A—Exploration Sec. 201. Space exploration policy. Sec. 202. Stepping stone approach to exploration. Sec. 203. Space Launch System. Sec. 204. Orion crew capsule. Sec. 205. Advanced booster competition. Subtitle B—Space Operations Sec. 211. Findings. Sec. 212. International Space Station. Sec. 213. Commercial crew report. Sec. 214. Flight readiness demonstration. Sec. 215. Aerospace Safety Advisory Panel advice. Sec. 216. Space communications. Title III—Science Subtitle A—General Sec. 301. Science portfolio. Sec. 302. Assessment of science mission extensions. Sec. 303. Radioisotope thermoelectric generators. Sec. 304. Congressional declaration of policy and purpose. Sec. 305. Utilization of International Space Station for Science Missions. Subtitle B—Astrophysics Sec. 311. Decadal cadence. Sec. 312. Extrasolar planet exploration strategy. Sec. 313. James Webb Space Telescope. Sec. 314. Wide-Field Infrared Survey Telescope. Sec. 315. National Reconnaissance Office telescope donation. Subtitle C—Planetary Science Sec. 321. Decadal cadence. Sec. 322. Near-Earth objects. Sec. 323. Astrobiology strategy. Sec. 324. Public-private partnerships. Subtitle D—Heliophysics Sec. 331. Decadal cadence. Sec. 332. Review of space weather. Sec. 333. Deep Space Climate Observatory. Subtitle E—Earth Science Sec. 341. Goal. Sec. 342. Decadal cadence. Sec. 343. Research to operations. Sec. 344. Interagency coordination. Sec. 345. Joint Polar Satellite System climate sensors. Sec. 346. Land imaging. Sec. 347. Sources of Earth science data. Title IV—Aeronautics Sec. 401. Sense of Congress. Sec. 402. Unmanned aerial systems research and development. Sec. 403. Research program on composite materials used in aeronautics. Sec. 404. Hypersonic research. Sec. 405. Supersonic research. Sec. 406. Research on NextGen airspace management concepts and tools. Sec. 407. Rotorcraft research. Title V—Space Technology Sec. 501. Space technology. Sec. 502. Utilization of the International Space Station for technology demonstrations. Title VI—Education Sec. 601. Education. Sec. 602. Independent review of the National Space Grant College and Fellowship Program. Title VII—Policy Provisions Sec. 701. Asteroid Retrieval Mission. Sec. 702. Termination liability. Sec. 703. Baseline and cost controls. Sec. 704. Project and program reserves. Sec. 705. Independent reviews. Sec. 706. Space Act Agreements. Sec. 707. Human spaceflight accident investigations. Sec. 708. Commercial technology transfer program. Sec. 709. Orbital debris. Sec. 710. NASA Advisory Council. Sec. 711. Cost estimation. Sec. 712. Detection and avoidance of counterfeit electronic parts. Sec. 713. Prohibition on use of funds for contractors that have committed fraud or other crimes. 2. Definitions In this Act: (1) Administration The term Administration means the National Aeronautics and Space Administration. (2) Administrator The term Administrator means the Administrator of the Administration. (3) Orion crew capsule The term Orion crew capsule refers to the multipurpose crew vehicle described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18323 ). (4) Space Act Agreement The term Space Act Agreement means an agreement created under the authority to enter into other transactions under section 20113(e) of title 51, United States Code. (5) Space Launch System The term Space Launch System refers to the follow-on Government-owned civil launch system developed, managed, and operated by the Administration to serve as a key component to expand human presence beyond low-Earth orbit, as described in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322). I Authorization of Appropriations 101. Fiscal year 2014 There are authorized to be appropriated to the Administration for fiscal year 2014 $17,646,500,000 as follows: (1) For Space Exploration, $4,113,200,000, of which— (A) $1,918,200,000 shall be for the Space Launch System, of which $318,200,000 shall be for Exploration Ground Systems; (B) $1,197,000,000 shall be for the Orion crew capsule; (C) $302,000,000 shall be for Exploration Research and Development; and (D) $696,000,000 shall be for Commercial Crew Development activities. (2) For Space Operations, $3,778,000,000, of which $2,984,100,000 shall be for the International Space Station Program. (3) For Science, $5,151,200,000, of which— (A) $1,826,000,000 shall be for Earth Science; (B) $1,345,000,000 shall be for Planetary Science, of which $30,000,000 shall be for the Astrobiology Institute; (C) $668,000,000 shall be for Astrophysics; (D) $658,200,000 shall be for the James Webb Space Telescope; and (E) $654,000,000 shall be for Heliophysics. (4) For Aeronautics, $566,000,000. (5) For Space Technology, $576,000,000. (6) For Education, $116,600,000. (7) For Cross-Agency Support, $2,793,000,000. (8) For Construction and Environmental Compliance and Restoration, $515,000,000. (9) For Inspector General, $37,500,000. II Human Space Flight A Exploration 201. Space exploration policy (a) Findings Congress finds the following: (1) Congress supports a human exploration program that is not critically dependent on the achievement of milestones by fixed dates and an exploration technology development program to enable lunar human and robotic operations, as described in paragraphs (1) and (2) of section 70502 of title 51, United States Code. (2) Congress supports the expansion of permanent human presence beyond low-Earth orbit, in a manner involving international partners, commercial partners, and other not-for-profit partners where practical. (3) Congress remains committed to ensuring that authorized budgets for the human space flight program should allow the Administration to maintain high safety standards. (4) Exploration deeper into the solar system should be the core mission of the Administration. (5) Congress strongly supports the development of the Space Launch System and the Orion crew capsule as the enabling elements for human exploration, advanced scientific missions, and national security priorities beyond low-Earth orbit. (b) Policy It is the policy of the United States that the development of capabilities and technologies necessary for human missions to lunar orbit, the surface of the Moon, the surface of Mars, and beyond shall be the goal of the Administration’s human space flight program. (c) Vision for space exploration Section 20302 of title 51, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) In general The Administrator shall establish a program to develop a sustained human presence on the Moon and the surface of Mars, including a robust precursor program that follows the stepping stone plan required in section 70504 to promote exploration, science, commerce, and United States preeminence in space. The Administrator is further authorized to develop and conduct appropriate international collaborations, commercial collaborations, and other not-for-profit collaborations in pursuit of such program, but the absence of such partnerships may not be justification for failure to pursue such program in a timely manner. ; (2) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Returning Americans to the Moon. ; (B) by striking paragraph (2) and inserting the following: (2) Launching the first crewed mission of the fully integrated Orion crew capsule with the Space Launch System as close to 2020 as possible. ; and (C) in paragraph (4), by striking from Mars and and inserting from the Moon, Mars, and ; and (3) by adding at the end the following: (c) Definitions In this section: (1) Orion crew capsule The term Orion crew capsule refers to the multipurpose crew vehicle described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18323 ). (2) Space Launch System The term Space Launch System refers to the follow-on Government-owned civil launch system developed, managed, and operated by the Administration to serve as a key component to expand human presence beyond low-Earth orbit, as described in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322). . (d) Key objectives Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)) is amended— (1) in paragraph (3), by striking and after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) to accelerate the development of capabilities to enable a human exploration mission to the surface of Mars and beyond through the prioritization of those technologies and capabilities best suited for such a mission in accordance with the Mars Human Exploration Roadmap under section 70504 of title 51, United States Code. . (e) Use of non-United States human space flight transportation capabilities Section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(a)) is amended to read as follows: (a) Use of non-United States human space flight transportation capabilities (1) In general NASA may not obtain non-United States human space flight capabilities unless no domestic commercial or public-private partnership provider that the Administrator has determined to meet safety requirements established by NASA for the transport of its astronauts is available to provide such capabilities. (2) Definition For purposes of this subsection, the term domestic commercial provider means a person providing space transportation services or other space-related activities, the majority control of which is held by persons other than a Federal, State, local, or foreign government, foreign company, or foreign national. . (f) Repeal of Space Shuttle capability assurance Section 203 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18313) is amended— (1) by striking subsection (b); (2) in subsection (d), by striking subsection (c) and inserting subsection (b) ; and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (g) Fullest commercial use of space (1) Report Not later than 90 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on current and continuing efforts by the Administration to seek and encourage, to the maximum extent possible, the fullest commercial use of space, as described in section 20102(c) of title 51, United States Code. (2) Elements The report required under subsection (a) shall include— (A) an assessment of the Administration’s efforts to comply with the policy; (B) an explanation of criteria used to define compliance; (C) a description of programs, policies, and activities the Administration is using, and will continue to use, to ensure compliance; (D) an explanation of how the Administration could expand on the efforts to comply; and (E) a summary of all current and planned activities pursuant to this policy. (h) Barriers to fullest commercial use of space Not later than 90 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on current and continuing efforts by the Administration to reduce impediments, bureaucracy, redundancy, and burdens to ensure the fullest commercial use of space as required in section 20102(c) of title 51, United States Code. 202. Stepping stone approach to exploration (a) In general Section 70504 of title 51, United States Code, is amended to read as follows: 70504. Stepping stone approach to exploration (a) In general In order to maximize the cost effectiveness of the long-term space exploration and utilization activities of the United States, the Administrator shall direct the Human Exploration and Operations Mission Directorate to develop a Mars Human Exploration Roadmap to define the specific capabilities and technologies necessary to extend human presence to the surface of Mars and the mission sets required to demonstrate such capabilities and technologies. (b) International participation The President should invite the United States partners in the International Space Station program and other nations, as appropriate, to participate in an international initiative under the leadership of the United States to achieve the goal of successfully conducting a crewed mission to the surface of Mars. (c) Roadmap requirements In developing the Mars Human Exploration Roadmap, the Administrator shall— (1) include the specific set of capabilities and technologies required to extend human presence to the surface of Mars and the mission sets necessary to demonstrate the proficiency of these capabilities and technologies with an emphasis on using the International Space Station, lunar landings, cis-lunar space, trans-lunar space, Lagrangian points, and the natural satellites of Mars, Phobos and Deimos, as testbeds, as necessary, and shall include the most appropriate process for developing such capabilities and technologies; (2) describe those technologies already under development across the Federal Government or by nongovernment entities which meet or exceed the needs described in paragraph (1); (3) provide a specific process for the evolution of the capabilities of the fully integrated Orion crew capsule with the Space Launch System and how these systems demonstrate the capabilities and technologies described in paragraph (1); (4) provide a description of the capabilities and technologies that could be demonstrated or research data that could be gained through the utilization of the International Space Station and the status of the development of such capabilities and technologies; (5) describe a framework for international cooperation in the development of all technologies and capabilities required in this section, as well as an assessment of the risks posed by relying on international partners for capabilities and technologies on the critical path of development; (6) describe a process for utilizing nongovernmental entities for future human exploration beyond trans-lunar space and specify what, if any, synergy could be gained from— (A) partnerships using Space Act Agreements (as defined in section 2 of the National Aeronautics and Space Administration Authorization Act of 2014 ); or (B) other acquisition instruments; (7) include in the Roadmap an addendum from the NASA Advisory Council, and an addendum from the Aerospace Safety Advisory Panel, each with a statement of review of the Roadmap that shall include— (A) subjects of agreement; (B) areas of concern; and (C) recommendations; and (8) include in the Roadmap an examination of the benefits of utilizing current Administration launch facilities for trans-lunar missions. (d) Updates The Administrator shall update such Roadmap at least every 4 years and include it in the budget for that fiscal year transmitted to Congress under section 1105(a) of title 31, and describe— (1) the achievements and goals reached in the process of developing such capabilities and technologies during the 4-year period prior to the submission of the Roadmap to Congress; and (2) the expected goals and achievements in the following 4-year period. (e) Definitions The terms Orion crew capsule and Space Launch System have the meanings given such terms in section 20302. . (b) Report (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit a copy of the Mars Human Exploration Roadmap developed under section 70504 of title 51, United States Code, to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) Updates The Administrator shall transmit a copy of each updated Mars Human Exploration Roadmap to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 7 days after such Roadmap is updated under section 70504(b)(6) of such title. 203. Space Launch System (a) Findings Congress finds that— (1) the Space Launch System is the most practical approach to reaching the Moon, Mars, and beyond, and Congress reaffirms the policy and minimum capability requirements for the Space Launch System contained in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322 ); (2) the primary goal for the design of the fully integrated Space Launch System is to safely carry a total payload of 130 tons or more to low-Earth orbit to enable human space exploration of the Moon, Mars, and beyond over the course of the next century as required in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c) ); (3) the uncrewed flight test of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule as described in section 302(c)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c)(1) ) is a necessary flight demonstration in an overall program plan, subject to appropriations; and (4) the schedule of the 70-ton core element crewed flight demonstration in 2021 with the Space Launch System fully integrated with the Orion crew capsule as described in section 302(c)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c)(1) ) is subject to appropriations. (b) In general As required in section 302(c)(2) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c)(2) ), the Administration shall design the Space Launch System as a fully integrated vehicle capable of carrying a total payload of 130 tons or more into low-Earth orbit in preparation for transit for missions beyond low-Earth orbit. (c) Progress report (1) In general Using the President’s budget request for fiscal year 2014 and notional numbers requested therein as a baseline, not later than 90 days after the date of enactment of this Act the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an estimate of— (A) when the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule may be demonstrated as an operational capability; (B) when the 130-ton Space Launch System fully integrated with the Orion crew capsule may be demonstrated as an operational capability; (C) the projected annual operational costs through 2030 for the 130-ton Space Launch System fully integrated with the Orion crew capsule after its operational capability has been demonstrated; and (D) the projected flight rate for the 130-ton Space Launch System fully integrated with the Orion crew capsule through 2030. (2) Contingency funding estimates If the Administrator determines that the uncrewed test flight of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule will not occur on or before December 31, 2017, or that the crewed test flight of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule will not occur on or before December 31, 2021, the report transmitted under paragraph (1) shall include an estimate of additional funds required through annual appropriations for fiscal years 2015 through 2021 which may be necessary to meet such goals in those years. (d) Utilization Report The Administrator, in consultation with the Secretary of Defense and the Director of National Intelligence, shall prepare a report that addresses the effort and budget required to enable and utilize a cargo variant of the 130-ton Space Launch System configuration described in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)). This report shall also include consideration of the technical requirements of the scientific and national security communities related to such Space Launch System and shall directly assess the utility and estimated cost savings obtained by using such Space Launch System for national security and space science missions. The Administrator shall transmit such report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 180 days after the date of enactment of this Act. (e) Naming competition Beginning not later than 180 days after the date of enactment of this Act and concluding not later than 1 year after such date of enactment, the Administrator shall conduct a well-publicized competition among students in elementary and secondary schools to name the elements of the Administration’s exploration program, including— (1) a name for the deep space human exploration program as a whole, which includes the Space Launch System, the Orion crew capsule, lunar landers, and future missions; and (2) a name for the Space Launch System. 204. Orion crew capsule (a) In general The Orion crew capsule shall meet the practical needs and the minimum capability requirements described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18323 ). (b) Report Not later than 60 days after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (1) detailing those components and systems of the Orion crew capsule that ensure it is in compliance with section 303(b) of such Act ( 42 U.S.C. 18323(b) ); (2) detailing the expected date that the Orion crew capsule will be available to transport crew and cargo to the International Space Station; and (3) certifying that the requirements of section 303(b)(3) of such Act ( 42 U.S.C. 18323(b)(3) ) will be met by the Administration in time for the first crewed test flight in 2021. 205. Advanced booster competition (a) Report Not later than 90 days after the date of enactment of this Act, the Associate Administrator of the National Aeronautics and Space Administration shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that— (1) describes the estimated total development cost of an advanced booster for the Space Launch System; (2) details any reductions or increases to the development cost of the Space Launch System which may result from conducting a competition for an advanced booster; and (3) outlines any potential schedule delay to the Space Launch System 2017 EM–1 launch as a result of increased costs associated with conducting a competition for an advanced booster. (b) Competition If the Associate Administrator reports reductions pursuant to paragraph (2) of subsection (a), and no adverse schedule impact pursuant to paragraph (3), then the Administration shall conduct a full and open competition for an advanced booster for the Space Launch System to meet the requirements described in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c) ), to begin not later than 1 year after the Associate Administrator transmits the report required under subsection (a). B Space Operations 211. Findings Congress finds the following: (1) The International Space Station is the ideal short-term testbed for future exploration systems development, including long-duration space travel. (2) The use of the private market to provide cargo and crew transportation services is currently the most expeditious process to restore domestic access to the International Space Station and low-Earth orbit. (3) Government-assured access to low-Earth orbit is paramount to the continued success of the International Space Station and National Laboratory. (4) Acquiring and maintaining an operational domestic commercial crew transportation service by the year 2017 is of the utmost importance for the future viability of the International Space Station and National Laboratory. 212. International Space Station (a) In general The following is the policy of the United States: (1) The International Space Station shall be utilized to the maximum extent practicable for the development of capabilities and technologies needed for the future of human exploration beyond low-Earth orbit. (2) The Administrator shall, in consultation with the International Space Station partners— (A) take all necessary measures to support the operation and full utilization of the International Space Station; and (B) seek to minimize, to the extent practicable, the operating costs of the International Space Station. (3) Reliance on foreign carriers for crew transfer is unacceptable, and the Nation’s human space flight program must acquire the capability to launch United States astronauts on United States rockets from United States soil as soon as is safe and practically possible, whether on Government-owned and operated space transportation systems or privately owned systems that have been certified for flight by the appropriate Federal agencies. (b) Reaffirmation of policy Congress reaffirms— (1) its commitment to the development of a commercially developed launch and delivery system to the International Space Station for crew missions as expressed in the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155), the National Aeronautics and Space Administration Authorization Act of 2008 ( Public Law 110–422 ), and the National Aeronautics and Space Administration Authorization Act of 2010 ( Public Law 111–267 ); (2) that the Administration shall make use of United States commercially provided International Space Station crew transfer and crew rescue services to the maximum extent practicable; and (3) the policy stated in section 501(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18351(b) ) that the Administration shall pursue international, commercial, and intragovernmental means to maximize International Space Station logistics supply, maintenance, and operational capabilities, reduce risks to International Space Station systems sustainability, and offset and minimize United States operations costs relating to the International Space Station. (c) Assured access to low-Earth orbit Section 70501(a) of title 51, United States Code, is amended to read as follows: (a) Policy statement It is the policy of the United States to maintain an uninterrupted capability for human space flight and operations in low-Earth orbit, and beyond, as an essential instrument of national security and the capability to ensure continued United States participation and leadership in the exploration and utilization of space. . (d) Repeals (1) Use of space shuttle or alternatives Chapter 701 of title 51, United States Code, and the item relating to such chapter in the table of chapters for such title, are repealed. (2) Shuttle pricing policy for commercial and foreign users Chapter 703 of title 51, United States Code, and the item relating to such chapter in the table of chapters for such title, are repealed. (3) Shuttle privatization Section 50133 of title 51, United States Code, and the item relating to such section in the table of sections for chapter 501 of such title, are repealed. (e) Extension criteria report Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the feasibility of extending the operation of the International Space Station that includes— (1) criteria for defining the International Space Station as a research success; (2) cost estimates for operating the International Space Station to achieve the criteria in paragraph (1); (3) cost estimates for extending operations to 2020, 2025, and 2030; and (4) an assessment of how the defined criteria under paragraph (1) respond to the National Academies Decadal Survey on Biological and Physical Sciences in Space. (f) Strategic plan for International Space Station research (1) In general The Director of the Office of Science and Technology Policy, in consultation with the Administrator, academia, other Federal agencies, the International Space Station National Laboratory Advisory Committee, and other potential stakeholders, shall develop and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a strategic plan for conducting competitive, peer-reviewed research in physical and life sciences and related technologies on the International Space Station through at least 2020. (2) Plan requirements The strategic plan shall— (A) be consistent with the priorities and recommendations established by the National Academies in its Decadal Survey on Biological and Physical Sciences in Space; (B) provide a research timeline and identify resource requirements for its implementation, including the facilities and instrumentation necessary for the conduct of such research; and (C) identify— (i) criteria for the proposed research, including— (I) a justification for the research to be carried out in the space microgravity environment; (II) the use of model systems; (III) the testing of flight hardware to understand and ensure its functioning in the microgravity environment; (IV) the use of controls to help distinguish among the direct and indirect effects of microgravity, among other effects of the flight or space environment; (V) approaches for facilitating data collection, analysis, and interpretation; (VI) procedures to ensure repetition of experiments, as needed; (VII) support for timely presentation of the peer-reviewed results of the research; and (VIII) defined metrics for the success of each study; (ii) instrumentation required to support the measurements and analysis of the research to be carried out under the strategic plan; (iii) the capabilities needed to support direct, real-time communications between astronauts working on research experiments onboard the International Space Station and the principal investigator on the ground; (iv) a process for involving the external user community in research planning, including planning for relevant flight hardware and instrumentation, and for utilization of the International Space Station, free flyers, or other research platforms; (v) the acquisition strategies the Administration plans to use to acquire any new capabilities which are not operational on the International Space Station as of the date of enactment of this Act and which have an estimated total life cycle cost of $10,000,000 or more, along with a justification of any anticipated use of less than full and open competition and written approval therefor from the Administration’s Assistant Administrator for Procurement; and (vi) defined metrics for success of the research plan. (3) Report (A) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of the organization chosen for the management of the International Space Station National Laboratory as directed in section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354 ). (B) Specific requirements The report shall assess the management, organization, and performance of such organization and shall include a review of the status of each of the 7 required activities listed in section 504(c) of such Act ( 42 U.S.C. 18354(c) ). 213. Commercial crew report (a) In general The Administration shall consider the ramifications of and create contingencies as the sequestration adopted in the Budget Control Act of 2011 (Public Law 112–25) continues to reduce the Administration’s overall budget. (b) Report (1) In general Not later than 60 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing 5 distinct options for the final stages of the commercial crew program. (2) Requirements These options shall include— (A) a strategy that assumes an appropriation of $500,000,000 over the next 3 fiscal years; (B) a strategy that assumes an appropriation of $600,000,000 over the next 3 fiscal years; (C) a strategy that assumes an appropriation of $700,000,000 over the next 3 fiscal years; (D) a strategy that assumes an appropriation of $800,000,000 over the next 3 fiscal years; and (E) a strategy that has yet to be considered previously in any budget submission but that the Administration believes could ensure the flight readiness date of 2017 for at least one provider or significantly decreases the overall program lifecycle cost. (3) Inclusions Each strategy shall include the contracting instruments the Administration will employ to acquire the services in each phase of development or acquisition, the number of commercial providers the Administration will include in the program, and the estimated flight readiness date in each scenario. 214. Flight readiness demonstration (a) In general The Administration shall carry out its flight readiness demonstration, in which one or more commercial crew partner companies safely transports United States astronauts to the International Space Station, by December 31, 2017. (b) Report Not later than 180 days after the date of enactment of this Act and every 90 days thereafter until the Administration carries out its flight readiness demonstration, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report— (1) describing the current status of the Commercial Crew program, including all funding paid to any partner company throughout the life of the program detailed by specific dollar amounts provided for each milestone completed for each partner company; (2) specifying the accomplishments and milestones completed in the 90 days prior to the date of transmission of the report under any phase of the program and all dollar amounts provided for each of those milestones; (3) identifying those accomplishments and milestones that were expected to be completed in the 90 days prior to the date of transmission of such report under any phase of the program but that were not completed in that timeframe; (4) setting forth the accomplishments and milestones that are expected to be completed in the 90-day period following the transmission of such report under any phase of the program; and (5) containing a statement of flight readiness under subsection (c). (c) Statement of Flight Readiness The statement of flight readiness required by subsection (b)(5) shall include— (1) either— (A) a certification by the Administrator that the Administration is on schedule to comply with subsection (a); or (B) an explanation as to why the Administration is not on schedule to comply with subsection (a) and why the Administration did not develop an acquisition strategy based on existing budget authority; and (2) a certification by the Administrator that all deviations from the Aerospace Safety Advisory Panel recommendations have been reported in accordance with section 215. (d) Authorization of funds Not later than 60 days after the issuance of the explanation described in subsection (c)(2), the Administrator shall provide, and begin implementation of, a new acquisition strategy that ensures that at least 1 company will be prepared to provide crew transport services by December 31, 2017. 215. Aerospace Safety Advisory Panel advice (a) Importance Congress reaffirms the importance of the Aerospace Safety Advisory Panel in providing advice to the Administrator and Congress in accordance with the duties prescribed in section 31101 of title 51, United States Code. (b) Initial report Not later than 30 days after the date of enactment of this Act, the Administrator shall report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the extent to which the Administration has followed, intends to follow, or does not intend to follow the advice in the 2012 Annual Report of the Aerospace Safety Advisory Panel. (c) Annual reports Section 31101 of title 51, United States Code, is amended by striking subsection (e) and inserting the following: (e) Panel annual report The Panel shall submit an annual report to the Administrator and to Congress. The Panel shall include in such report an evaluation of the Administration’s management and culture related to safety. Each annual report shall include an evaluation of the extent to which the Administration follows the Panel’s advice. (f) Administrator annual report Not later than 30 days after each annual report by the Panel under subsection (e), the Administrator shall report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the extent to which the Administration has followed, intends to follow, or does not intend to follow the Panel’s advice. . 216. Space communications (a) Plan The Administrator shall develop a plan, in consultation with relevant Federal agencies, for updating the Administration’s space communications architecture for both low-Earth orbital operations and deep space exploration so that it is capable of meeting the Administration’s needs over the next 20 years. The plan shall include lifecycle cost estimates, milestones, estimated performance capabilities, and 5-year funding profiles. The plan shall also include an estimate of the amounts of any reimbursements the Administration is likely to receive from other Federal agencies during the expected life of the upgrades described in the plan. At a minimum, the plan shall include a description of the following: (1) Projected Deep Space Network requirements for the next 20 years, including those in support of human space exploration missions. (2) Upgrades needed to support Deep Space Network requirements, including cost estimates and schedules. (3) Cost estimates for the maintenance of existing Deep Space Network capabilities. (4) Projected Tracking and Data Relay Satellite System requirements for the next 20 years, including those in support of other relevant Federal agencies. (5) Cost and schedule estimates to maintain and upgrade the Tracking and Data Relay Satellite System to meet projected requirements. (6) Steps the Administration is taking to mitigate threats to electromagnetic spectrum use. (b) Schedule The Administrator shall transmit the plan developed under this section to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 1 year after the date of enactment of this Act. III Science A General 301. Science portfolio (a) Balanced and adequately funded activities Section 803 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2832) is amended to read as follows: 803. Overall science portfolio; Sense of Congress Congress reaffirms its sense, expressed in the National Aeronautics and Space Administration Authorization Act of 2010, that a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology development, small, medium, and large space missions, and suborbital research activities, contributes to a robust and productive science program and serves as a catalyst for innovation and discovery. . (b) Decadal surveys In proposing the funding of programs and activities for the National Aeronautics and Space Administration for each fiscal year, the Administrator shall, to the greatest extent practicable, follow guidance provided in the current decadal surveys from the National Academies’ Space Studies Board. 302. Assessment of science mission extensions Section 30504 of title 51, United States Code, is amended to read as follows: 30504. Assessment of science mission extensions (a) Assessment The Administrator shall carry out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that exceed their planned mission lifetime. The assessment shall take into consideration how extending existing missions impacts the start of future missions. (b) Consultation and Consideration of Potential Benefits of Instruments on Missions When deciding whether to extend a mission that has an operational component, the Administrator shall consult with any affected Federal agency and shall take into account the potential benefits of instruments on missions that are beyond their planned mission lifetime. (c) Costs If a mission is extended based on consultation required under subsection (b), the full costs of the extension shall be paid for by the operational agency or agencies. (d) Report The Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, at the same time as the submission to Congress of the President’s annual budget request, a report detailing any assessment required by subsection (a) that was carried out during the previous year. . 303. Radioisotope thermoelectric generators (a) Analysis of Requirements and Risks The Administrator, in consultation with other Federal agencies, shall conduct an analysis of— (1) the requirements of the Administration for radioisotope power system material that is needed to carry out planned, high priority robotic missions in the solar system and other surface exploration activities beyond low-Earth orbit; and (2) the risks to missions of the Administration in meeting those requirements, or any additional requirements, due to a lack of adequate radioisotope power system material. (b) Contents of analysis The analysis conducted under subsection (a) shall— (1) detail the Administration’s current projected mission requirements and associated timeframes for radioisotope power system material; (2) explain the assumptions used to determine the Administration’s requirements for the material, including— (A) the planned use of Advanced Stirling Radioisotope Generator technology; (B) the status of and timeline for completing development and demonstration of the Advanced Stirling Radioisotope Generator technology, including the development of flight readiness requirements; and (C) the risks and implications of, and contingencies for, any delays or unanticipated technical challenges affecting or related to the Administration’s mission plans for the anticipated use of Advanced Stirling Radioisotope Generator technology; (3) assess the risk to the Administration’s programs of any potential delays in achieving the schedule and milestones for planned domestic production of radioisotope power system material; (4) outline a process for meeting any additional Administration requirements for the material; (5) estimate the incremental costs required to increase the amount of material produced each year, if such an increase is needed to support additional Administration requirements for the material; (6) detail how the Administration and other Federal agencies will manage, operate, and fund production facilities and the design and development of all radioisotope power systems used by the Administration and other Federal agencies as necessary; (7) specify the steps the Administration will take, in consultation with the Department of Energy, to preserve the infrastructure and workforce necessary for production of radioisotope power systems; and (8) detail how the Administration has implemented or rejected the recommendations from the National Research Council’s 2009 report titled Radioisotope Power Systems: An Imperative for Maintaining U.S. Leadership in Space Exploration . (c) Transmittal Not later than 180 days after the date of enactment of this Act, the Administrator shall transmit the results of the analysis to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 304. Congressional declaration of policy and purpose Section 20102(d) of title 51, United States Code, is amended by adding at the end the following new paragraph: (10) The direction of the unique competence of the Administration to the search for life’s origin, evolution, distribution, and future in the Universe. In carrying out this objective, the Administration may use any practicable ground-based, airborne, or space-based technical means and spectra of electromagnetic radiation. . 305. Utilization of International Space Station for Science Missions The Administrator shall utilize the International Space Station and commercial services for Science Mission Directorate missions in low-Earth orbit wherever it is practical and cost effective to do so. B Astrophysics 311. Decadal cadence In carrying out section 301(b), the Administrator shall ensure a steady cadence of large, medium, and small astrophysics missions. 312. Extrasolar planet exploration strategy (a) Strategy The Administrator shall enter into an arrangement with the National Academies to develop a science strategy for the study and exploration of extrasolar planets, including the use of TESS, the James Webb Space Telescope, WFIRST, or any other telescope, spacecraft, or instrument as appropriate. Such strategy shall— (1) outline key scientific questions; (2) identify the most promising research in the field; (3) indicate the extent to which the mission priorities in existing decadal surveys address key extrasolar planet research goals; and (4) make recommendations with respect to optimal coordination with international partners, commercial partners, and other not-for-profit partners. (b) Use of strategy The Administrator shall use the strategy to— (1) inform roadmaps, strategic plans, and other activities of the Administration as they relate to extrasolar planet research and exploration; and (2) provide a foundation for future activities and initiatives. (c) Report to Congress Not later than 18 months after the date of enactment of this Act, the National Academies shall transmit a report to the Administrator, and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, containing the strategy developed under subsection (a). 313. James Webb Space Telescope It is the sense of Congress that the James Webb Space Telescope program is significant to our understanding of the history of the universe, including galaxies, stars, and planetary systems, and should continue to receive priority of funding in accord with the recommendation of the most recent decadal survey for Astronomy and Astrophysics of the National Academies’ Space Studies Board. 314. Wide-Field Infrared Survey Telescope The Administrator shall ensure that the development of the Wide-Field Infrared Survey Telescope continues while the James Webb Space Telescope is completed. 315. National Reconnaissance Office telescope donation Not later than 90 days after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate outlining the cost of the Administration’s potential plan for developing the Wide-Field Infrared Survey Telescope as described in the most recent astronomy and astrophysics decadal survey, including an alternative plan for the Wide-Field Infrared Survey Telescope 2.4, which includes the donated 2.4-meter aperture National Reconnaissance Office telescope. Due to the budget constraints on the Administration’s science programs, this report shall include— (1) an assessment of affordable approaches to develop the Wide-Field Infrared Survey Telescope; (2) a comparison to the development of mission concepts that exclude the utilization of the donated asset; (3) an assessment of how the Administration’s existing science missions will be affected by the utilization of the donated asset described in this section; and (4) a description of the cost associated with storing and maintaining the donated asset. C Planetary Science 321. Decadal cadence In carrying out section 301(b), the Administrator shall ensure, to the greatest extent practicable, that the Administration carries out a balanced set of planetary science programs in accordance with the priorities established in the most recent decadal survey for planetary science. Such programs shall include, at a minimum— (1) a Discovery-class mission at least once every 24 months; (2) a New Frontiers-class mission at least once every 60 months; and (3) at least one Flagship-class mission per decadal survey period, starting with a Europa mission with a goal of launching by 2021. 322. Near-Earth objects (a) Findings Congress makes the following findings: (1) Near-Earth objects pose a serious and credible threat to humankind, as many scientists believe that a major asteroid or comet was responsible for the mass extinction of the majority of the Earth’s species, including the dinosaurs, nearly 65,000,000 years ago. (2) Similar objects have struck the Earth or passed through the Earth’s atmosphere several times in the Earth’s history and pose a similar threat in the future. (3) Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth, and recent discoveries of such large objects indicate that many large near-Earth objects remain to be discovered. (4) The efforts taken to date by the Administration for detecting and characterizing the hazards of near-Earth objects must continue to fully determine the threat posed by such objects to cause widespread destruction and loss of life. (b) Definition For purposes of this section, the term near-Earth object means an asteroid or comet with a perihelion distance of less than 1.3 Astronomical Units from the Sun. (c) Near-Earth object survey The Administrator shall continue to discover, track, catalogue, and characterize the physical characteristics of near-Earth objects equal to or greater than 140 meters in diameter in order to assess the threat of such near-Earth objects to the Earth, pursuant to the George E. Brown, Jr. Near-Earth Object Survey Act ( 42 U.S.C. 16691 ). It shall be the goal of the Survey program to achieve 90 percent completion of its near-Earth object catalogue (based on statistically predicted populations of near-Earth objects) by 2020. (d) Warning and mitigation of potential hazards of near-Earth objects Congress reaffirms the policy set forth in section 20102(g) of title 51, United States Code (relating to detecting, tracking, cataloguing, and characterizing asteroids and comets). (e) Program Report The Director of the Office of Science and Technology Policy and the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 1 year after the date of enactment of this Act, an initial report that provides— (1) recommendations for carrying out the Survey program and an associated proposed budget; (2) analysis of possible options that the Administration could employ to divert an object on a likely collision course with Earth; and (3) a description of the status of efforts to coordinate and cooperate with other countries to discover hazardous asteroids and comets, plan a mitigation strategy, and implement that strategy in the event of the discovery of an object on a likely collision course with Earth. (f) Annual reports The Administrator shall annually transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides— (1) a summary of all activities carried out pursuant to subsection (c) since the date of enactment of this Act; and (2) a summary of expenditures for all activities carried out pursuant to subsection (c) since the date of enactment of this Act. 323. Astrobiology strategy (a) Strategy The Administrator shall enter into an arrangement with the National Academies to develop a science strategy for astrobiology that would outline key scientific questions, identify the most promising research in the field, and indicate the extent to which the mission priorities in existing decadal surveys address the search for life’s origin, evolution, distribution, and future in the Universe. (b) Use of strategy The Administrator shall use the strategy developed under subsection (a) in planning and funding research and other activities and initiatives in the field of astrobiology. The strategy shall include recommendations for coordination with international partners. (c) Report to Congress Not later than 18 months after the date of enactment of this Act, the National Academies shall transmit a report to the Administrator, and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, containing the strategy developed under subsection (a). 324. Public-private partnerships Not later than 180 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing how the Administration can expand collaborative public-private partnerships to study life’s origin, evolution, distribution, and future in the Universe. D Heliophysics 331. Decadal cadence In carrying out section 301(b), the Administrator shall ensure a steady cadence of large, medium, and small heliophysics missions. 332. Review of space weather (a) Review The Director of the Office of Science and Technology Policy, in consultation with the Administrator, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the National Science Foundation, the Secretary of Defense, the Secretary of Energy, and the Secretary of Homeland Security, shall enter into an arrangement with the National Academies to provide a comprehensive study that reviews current and planned space weather monitoring requirements and capabilities. The study shall inform the process of identifying national needs for future space weather monitoring and mitigation. The National Academies shall give consideration to international and private sector efforts and collaboration. The study shall also review the current state of research capabilities in observing, modeling, and prediction and provide recommendations to ensure future advancement of predictive capability. (b) Report to Congress Not later than 1 year after the date of enactment of this Act, the National Academies shall transmit a report to the Administrator, and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, containing the results of the study provided under subsection (a). 333. Deep Space Climate Observatory (a) Integrating sensors The Administrator may not integrate or fund the development of any sensor on the Deep Space Climate Observatory (DSCOVR) that is not aligned with the spacecraft’s original space weather mission requirements. (b) Algorithms The Administration may not develop or implement algorithms, or any other applications or products, that— (1) are not aligned with the Deep Space Climate Observatory mission’s intended space weather requirements; or (2) enable Earth at noon images from the spacecraft. E Earth Science 341. Goal (a) In general Recognizing the contributions that Earth science and remote sensing have made to society over the last 50 years, the Administration shall continue to develop first-of-a-kind instruments that, once proved, can be transitioned to other agencies for operations. (b) Amendment Section 60501 of title 51, United States Code, is amended by inserting In order to accomplish this goal, the Administrator shall conduct research and development on new sensors and instruments that will mitigate the risks associated with the development of operational systems and long-term data continuity requirements by other agencies. The Administration shall not be responsible for the development of operational Earth science systems, including satellite, sensor, or instrument development, acquisition, and operations, as well as product development and data analysis, unless such work is conducted on a reimbursable basis that accounts for the full cost of the work. The Administrator shall use the Joint Agency Satellite Division structure, or a direct successor thereto, to manage this process on a fully reimbursable basis. after Earth observations-based research program. . 342. Decadal cadence In carrying out section 301(b), the Administrator shall ensure a steady cadence of large, medium, and small Earth science missions. 343. Research to operations Section 60502(a) of title 51, United States Code, is amended by inserting Operational responsibility for Earth science or space weather missions or sensors may not be transferred from any other Federal agency to the Administration, except as specifically authorized by law. after execute the transitions. . 344. Interagency coordination (a) Amendments Section 60505 of title 51, United States Code, is amended— (1) in the section heading, by inserting and other Federal agencies after Atmospheric Administration ; (2) in subsection (a)— (A) by striking and the Administrator of the National Oceanic and Atmospheric Administration and inserting , the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other relevant Federal agencies ; and (B) by striking the two agencies and inserting each of those agencies ; (3) in subsection (b)— (A) by striking and the Administrator of the National Oceanic and Atmospheric Administration and inserting , the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other relevant Federal agencies ; (B) by striking Committee on Science and Technology and inserting Committee on Science, Space, and Technology ; and (C) by striking and the National Oceanic and Atmospheric Administration and inserting , the National Oceanic and Atmospheric Administration, and other relevant Federal agencies ; and (4) in subsection (d), by striking Administration Earth science mission and all that follows through the period and inserting Earth science mission or Earth observing system to or from the National Oceanic and Atmospheric Administration, any other Federal agency, or the Administration, or to or from other stakeholders, until the plans required under subsection (c) have been approved by the Administrator, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other relevant Federal agencies, and until financial resources have been identified to support the transition or transfer in the President’s annual budget request for the National Oceanic and Atmospheric Administration, the Administration, or other relevant agencies. Operational responsibility for Earth science programs may not be transferred from any other Federal agency to the Administration, except as specifically authorized by law. . (b) Conforming amendment The item relating to section 60505 in the table of sections for chapter 605 of title 51, United States Code, is amended to read as follows: 60505. Coordination with the National Oceanic and Atmospheric Administration and other Federal agencies. . 345. Joint Polar Satellite System climate sensors The Administration shall not be responsible for the development of Joint Polar Satellite System climate sensors, including the Total Solar Irradiance Sensor (TSIS–2), the Ozone Mapping and Profiler Suite–Limb (OMPS–L), or the Clouds and Earth Radiant Energy System (CERES–C). Any effort by the Administration related to this work shall be conducted on a fully reimbursable basis and executed by the Administration’s Joint Agency Satellite Division or a direct successor thereto. 346. Land imaging (a) Reaffirmation of Policy Congress reaffirms the finding in section 2(1) of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601(1)), which states that The continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human impacts on the global environment, in managing the Earth’s natural resources, in carrying out national security functions, and in planning and conducting many other activities of scientific, economic, and social importance. . (b) Continuous Land Remote Sensing Data Collection The Director of the Office of Science and Technology Policy shall take steps in consultation with other relevant Federal agencies to ensure, to the maximum extent practicable, the continuous collection of space-based, medium-resolution observations of the Earth’s land cover, and to ensure that the data are made available in such ways as to facilitate the widest possible use. (c) Definition of land imaging capabilities The Administrator may not initiate the definition of requirements for land imaging capabilities unless such work is conducted on a fully reimbursable basis and executed by the Administration’s Joint Agency Satellite Division or a direct successor thereto. 347. Sources of Earth science data (a) Acquisition The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the Administration and, where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space-based and airborne Earth remote sensing data, services, distribution, and applications from non-Federal providers. (b) Treatment as Commercial Item Under Acquisition Laws Acquisitions by the Administrator of the data, services, distribution, and applications referred to in subsection (a) shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10, United States Code). For purposes of such laws and regulations, such data, services, distribution, and applications shall be considered to be commercial items. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities. (c) Safety Standards Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. (d) Report Not later than 180 days after the date of enactment of the Act, the Administrator shall submit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the Administration’s efforts to carry out this section. IV Aeronautics 401. Sense of Congress It is the sense of Congress that— (1) a robust aeronautics research portfolio will help maintain the United States status as a leader in aviation; (2) aeronautics research is essential to the Administration’s mission; and (3) the Administrator should coordinate and consult with relevant Federal agencies and the private sector to minimize duplication and leverage resources. 402. Unmanned aerial systems research and development (a) In general The Administrator, in consultation with the Administrator of the Federal Aviation Administration and other Federal agencies, shall direct research and technological development to facilitate the safe integration of unmanned aerial systems into the National Airspace System, including— (1) positioning and navigation systems; (2) sense and avoid capabilities; (3) secure data and communication links; (4) flight recovery systems; and (5) human systems integration. (b) Roadmap The Administrator shall update a roadmap for unmanned aerial systems research and development and transmit this roadmap to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 90 days after the date of enactment of this Act. (c) Cooperative unmanned aerial vehicle activities Section 31504 of title 51, United States Code, is amended by inserting Operational flight data derived from these cooperative agreements shall be made available, in appropriate and usable formats, to the Administration and the Federal Aviation Administration for the development of regulatory standards. after in remote areas. . 403. Research program on composite materials used in aeronautics (a) Consultation The Administrator, in overseeing the Administration’s Integrated Systems Research Program’s work on composite materials, shall consult with relevant Federal agencies and partners in industry to accelerate safe development and certification processes for new composite materials and design methods while maintaining rigorous inspection of new composite materials. (b) Report Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate detailing the Administration’s work on new composite materials and the coordination efforts among Federal agencies. 404. Hypersonic research Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal agencies, shall develop and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a research and development roadmap for hypersonic aircraft research with the objective of exploring hypersonic science and technology using air-breathing propulsion concepts, through a mix of theoretical work, basic and applied research, and development of flight research demonstration vehicles. The roadmap shall prescribe appropriate agency contributions, coordination efforts, and technology milestones. 405. Supersonic research Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a roadmap that allows for flexible funding profiles, for supersonic aeronautics research and development with the objective of developing and demonstrating, in a relevant environment, airframe and propulsion technologies to minimize the environmental impact, including noise, of supersonic overland flight in an efficient and economical manner. The roadmap shall include— (1) a status report on the Administration’s existing research on supersonic flight; (2) a list of specific technological, environmental, and other challenges that must be overcome to minimize the environmental impact, including noise, of supersonic overland flight; (3) a research plan to address such challenges, as well as a project timeline for accomplishing relevant research goals; and (4) a plan for coordination with stakeholders, including relevant government agencies and industry. 406. Research on NextGen airspace management concepts and tools (a) In general The Administrator shall, in consultation with other Federal agencies, review at least annually the alignment and timing of the Administration’s research and development activities in support of the NextGen airspace management modernization initiative, and shall make any necessary adjustments by reprioritizing or retargeting the Administration’s research and development activities in support of the NextGen initiative. (b) Annual reports The Administrator shall report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually regarding the progress of the Administration’s research and development activities in support of the NextGen airspace management modernization initiative, including details of consultation with the Federal Aviation Administration and any adjustments made to research activities. 407. Rotorcraft research Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal agencies, shall prepare and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for research relating to rotorcraft and other runway-independent air vehicles, with the objective of developing and demonstrating improved safety, noise, and environmental impact in a relevant environment. The plan shall include specific goals for the research, a timeline for implementation, metrics for success, and guidelines for collaboration and coordination with industry and other Federal agencies. V Space Technology 501. Space technology (a) Findings Congress finds the following: (1) The Space Technology Mission Directorate created by the Administration is lacking an organic statutory authorization and in need of congressional direction. (2) In order to appropriately prioritize the Administration’s resources to accomplish its goals and purposes, the Space Technology Mission Directorate needs to be reorganized as provided in the amendments made by this section. (3) Projects, programs, and activities currently within the Exploration Research and Development program should continue as planned as part of the Human Exploration and Operations Mission Directorate. (b) Space technology program (1) Amendment Section 70507 of title 51, United States Code, is amended to read as follows: 70507. Space Technology Program authorized (a) Program authorized The Administrator shall establish, within the office of the Administrator, a Space Technology Program to pursue the development of technologies that enable exploration of the solar system or advanced space science throughout the various elements of the Administration. (b) Small business programs The Administrator shall organize and manage the Administration’s Small Business Innovation Research program and Small Business Technology Transfer program within the Space Technology Program. (c) Nonduplication certification The Administrator shall include in the budget for each fiscal year, as transmitted to Congress under section 1105(a) of title 31, a certification that no project, program, or mission undertaken by the Space Technology Program is independently under development by any other office or directorate of the Administration. . (2) Table of sections amendment The item relating to section 70507 in the table of sections for chapter 705 of title 51, United States Code, is amended to read as follows: 70507. Space Technology Program authorized. . 502. Utilization of the International Space Station for technology demonstrations The Administrator shall utilize the International Space Station and commercial services for Space Technology Demonstration missions in low-Earth orbit wherever it is practical and cost effective to do so. VI Education 601. Education (a) In general The Administration shall continue its education and outreach efforts to— (1) increase student interest and participation in Science, Technology, Engineering, and Mathematics ( STEM ) education; (2) improve public literacy in STEM; (3) employ proven strategies for improving student learning and teaching; (4) provide curriculum support materials; and (5) create and support opportunities for professional development for STEM teachers. (b) Organization In order to ensure the inspiration and engagement of children and the general public, the Administration shall continue its STEM education and outreach activities within the Science, Aeronautics Research, Space Operations, and Exploration Mission Directorates. Funds devoted to education and public outreach shall be maintained in the Directorates, and the consolidation of these activities into the Education Directorate is prohibited. (c) Prohibition The Administration may not implement any proposed STEM education and outreach-related changes proposed in the budget for fiscal year 2014 transmitted to Congress under section 1105(a) of title 31, United States Code. (d) Continuation of space grant program The Administrator shall continue to operate the National Space Grant College and Fellowship program through a national network consisting of a State-based consortium in each State that provides flexibility to the States, with the objective of providing hands-on research, training, and education programs, with measurable outcomes, to enhance America’s STEM education and workforce. (e) Reaffirmation of policy Congress reaffirms its commitment to informal science education at science centers and planetariums as set forth in section 616 of the National Aeronautics and Space Administration Authorization Act of 2005 ( 51 U.S.C. 40907 ). 602. Independent review of the National Space Grant College and Fellowship Program (a) Sense of congress It is the sense of Congress that the National Space Grant College and Fellowship Program, which was established in the National Aeronautics and Space Administration Authorization Act of 1988 ( 42 U.S.C. 2486 et seq. ), has been an important program by which the Federal Government has partnered with State and local governments, universities, private industry, and other organizations to enhance the understanding and use of space and aeronautics activities and their benefits through education, fostering of interdisciplinary and multidisciplinary space research and training, and supporting Federal funding for graduate fellowships in space-related fields, among other purposes. (b) Review The Administrator shall enter into an arrangement with the National Academies for— (1) a review of the National Space Grant College and Fellowship Program, including its structure and capabilities for supporting science, technology, engineering, and mathematics education and training consistent with the National Science and Technology Council’s Federal Science, Technology, Engineering, and Mathematics (STEM) Education 5–Year Strategic Plan; and (2) recommendations on measures, if needed, to enhance the Program’s effectiveness and mechanisms by which any increases in funding appropriated by Congress can be applied. (c) National Space Grant College and Fellowship Program amendments (1) Purposes Section 40301 of title 51, United States Code, is amended— (A) by striking and at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ; and ; and (C) by adding at the end the following new paragraph: (7) support outreach to primary and secondary schools to help support STEM engagement and learning at the K–12 level and to encourage K–12 students to pursue postsecondary degrees in fields related to space. . (2) Regional consortium Section 40306(a) of title 51, United States Code, is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following new paragraph: (2) Inclusion of 2-year institutions A space grant regional consortium designated in paragraph (1)(B) may include one or more 2-year institutions of higher education. . VII Policy Provisions 701. Asteroid Retrieval Mission (a) In General Consistent with the policy stated in section 201(b), the Administrator may not fund the development of an asteroid retrieval mission to send a robotic spacecraft to a near-Earth asteroid for rendezvous, retrieval, and redirection of that asteroid to lunar orbit for exploration by astronauts. (b) Asteroid survey The Administration may not pursue a program to search for asteroids of 20 meters or less in diameter unless the survey program described in section 322(c) is at least 90 percent complete. (c) Report Not later than 180 days after the date of enactment of this Act, the Administrator shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the proposed Asteroid Retrieval Mission. Such report shall include— (1) a detailed budget profile, including cost estimates for the development of all necessary technologies and spacecraft required for the mission; (2) a detailed technical plan that includes milestones and a specific schedule; (3) a description of the technologies and capabilities anticipated to be gained from the proposed mission that will enable future human missions to Mars which could not be gained by lunar missions; (4) a description of the technologies and capabilities anticipated to be gained from the proposed mission that will enable future planetary defense missions, against impact threats from near-Earth objects equal to or greater than 140 meters in diameter, which could not be gained by current or planned missions; and (5) a complete review by the Small Bodies Assessment Group and the NASA Advisory Council that includes a recommendation to Congress on the feasibility of the mission as proposed by the Administration. 702. Termination liability (a) Findings Congress makes the following findings: (1) The International Space Station, the Space Launch System, and the Orion crew capsule will enable the Nation to continue operations in low-Earth orbit and to send its astronauts to deep space. The James Webb Space Telescope will revolutionize our understanding of star and planet formation and how galaxies evolved and advance the search for the origins of our universe. As a result of their unique capabilities and their critical contribution to the future of space exploration, these systems have been designated by Congress and the Administration as priority investments. (2) While the Space Launch System and the Orion programs, currently under development, have made significant progress, they have not been funded at levels authorized, and as a result congressionally authorized milestones will be delayed by several years. (3) Although the James Webb Space Telescope is making steady progress towards its scheduled 2018 launch, it confronts a number of challenging integration tests that will stress a congressionally imposed development cost cap. (4) In addition, contractors are currently holding program funding, estimated to be in the hundreds of millions of dollars, to cover the potential termination liability should the Government choose to terminate a program for convenience. As a result, hundreds of millions of taxpayer dollars are unavailable for meaningful work on these programs. (5) According to the Government Accountability Office, the Administration procures most of its goods and services through contracts, and it terminates very few of them. In fiscal year 2010, the Administration terminated 28 of 16,343 active contracts and orders—a termination rate of about 0.17 percent. (6) Providing processes requiring congressional action on termination of these high-priority programs would enable contractors to apply taxpayer dollars to making maximum progress in meeting the established technical goals and schedule milestones of these programs. (b) NASA termination liability (1) General rule Termination liability costs for a covered program shall be provided only pursuant to this subsection. (2) Prohibition on reserving funds The Administrator may not reserve funds from amounts appropriated for a covered program, or require the reservation of funds by the prime contractor, for potential termination liability costs with respect to a covered program. (3) Intent of Congress It is the intent of Congress that funds authorized to be appropriated for covered programs be applied in meeting established technical goals and schedule milestones. (4) Application of prior reserved funds Funds that have been reserved before the date of enactment of this Act for potential termination liability shall be promptly used to make maximum progress in meeting the established goals and milestones of the covered program. (5) Notification The Administrator shall notify the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 120 days in advance of initiating termination for convenience or termination for cause of a prime contract on a covered program. (6) Supplemental appropriation request (A) Request If the Administrator initiates termination of a prime contract on a covered program pursuant to paragraph (5), and sufficient unobligated appropriations are not available to cover termination liability costs in the appropriations account that is funding the prime contract being terminated, the Administrator shall provide to Congress a notification that an authorization of appropriations is necessary not later than 120 days in advance of the proposed contract termination settlement for the covered program. (B) Intent of Congress It is the intent of Congress to provide additional authorization for appropriations as may be necessary to pay termination liability costs on prime contracts for covered programs if Congress deems it appropriate that the Administration terminate such prime contracts. The Administration shall be responsible for applying these additional funds for payment of all allowable and reasonable negotiated termination liability costs if the Administration terminates a prime contract for a covered program. If the Administration terminates a prime contract for a covered program for the convenience of the Federal Government, then the Federal Government is responsible for payment of all allowable and reasonable negotiated termination liability costs on the prime contract. (c) Reporting Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter for the duration of the prime contracts on covered programs, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides— (1) the estimated termination liability costs for each of the prime contracts; and (2) the basis for how such estimate was determined. (d) Definitions For purposes of this section: (1) Covered program The term covered program means the International Space Station, the Space Launch System, the Orion crew capsule, and the James Webb Space Telescope. (2) Prime contract The term prime contract means a contract entered directly between a person or entity and the Federal Government for the performance of all or the majority of the responsibilities for developing, integrating, fielding, operating, or sustaining a covered program. (3) Prime contractor The term prime contractor means a person or entity contracting directly with the Federal Government on a covered program. (4) Termination liability costs The term termination liability costs means any costs incurred by a prime contractor, or by any subcontractor of a prime contractor, for which the Federal Government is liable as a result of termination of a prime contract by the Administrator. 703. Baseline and cost controls Section 30104 of title 51, United States Code, is amended— (1) in subsection (a)(1), by striking Procedural Requirements 7120.5c, dated March 22, 2005 and inserting Procedural Requirements 7120.5E, dated August 14, 2012 ; and (2) in subsection (f), by striking beginning 18 months after the date the Administrator transmits a report under subsection (e)(1)(A) and inserting beginning 18 months after the Administrator makes such determination . 704. Project and program reserves To ensure that the establishment, maintenance, and allotment of project and program reserves contribute to prudent management, not later than 180 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Administration’s criteria for establishing the amount of reserves at the project and program levels and how such criteria complement the Administration’s policy of budgeting at a 70-percent confidence level. 705. Independent reviews Not later than 270 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Administration’s procedures for conducting independent reviews of projects and programs at lifecycle milestones and how the Administration ensures the independence of the individuals who conduct those reviews prior to their assignment. 706. Space Act Agreements (a) Cost Sharing To the extent that the Administrator determines practicable, the funds provided by the Government under a funded Space Act Agreement shall not exceed the total amount provided by other parties to the Space Act Agreement. (b) Need A funded Space Act Agreement may be used only when the use of a standard contract, grant, or cooperative agreement is not feasible or appropriate, as determined by the Associate Administrator for Procurement. (c) Public Notice and Comment The Administrator shall make available for public notice and comment each proposed Space Act Agreement at least 30 days before entering into such agreement, with appropriate redactions for proprietary, sensitive, or classified information. (d) Transparency The Administrator shall publicly disclose on the Administration’s website and make available in a searchable format all Space Act Agreements, with appropriate redactions for proprietary, sensitive, or classified information, not later than 60 days after such agreement is signed. (e) Authorization The Administrator may not enter into a funded Space Act Agreement for an amount in excess of $50,000,000 unless such agreement has been specifically authorized by law. (f) Annual report (1) Requirement Not later than 90 days after the end of each fiscal year, the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the use of Space Act Agreement authority by the Administration during the previous fiscal year. (2) Contents The report shall include for each Space Act Agreement in effect at the time of the report— (A) an indication of whether the agreement is a reimbursable, nonreimbursable, or funded Space Act Agreement; (B) a description of— (i) the subject and terms; (ii) the parties; (iii) the responsible— (I) mission directorate; (II) center; or (III) headquarters element; (iv) the value; (v) the extent of the cost sharing among Federal Government and non-Federal sources; (vi) the time period or schedule; and (vii) all milestones; and (C) an indication of whether the agreement was renewed during the previous fiscal year. (3) Anticipated agreements The report shall also include a list of all anticipated reimbursable, nonreimbursable, and funded Space Act Agreements for the upcoming fiscal year. (4) Cumulative program benefits The report shall also include, with respect to the Space Act Agreements covered by the report, a summary of— (A) the technology areas in which research projects were conducted under such agreements; (B) the extent to which the use of the Space Act Agreements— (i) has contributed to a broadening of the technology and industrial base available for meeting Administration needs; and (ii) has fostered within the technology and industrial base new relationships and practices that support the United States; and (C) the total amount of value received by the Federal Government during the fiscal year pursuant to such Space Act Agreements. 707. Human spaceflight accident investigations Section 70702(a) of title 51, United States Code, is amended by striking paragraph (3) and inserting the following: (3) any other space vehicle carrying humans that is owned by the Federal Government or that is being used pursuant to a contract or Space Act Agreement, as defined in section 2 of the National Aeronautics and Space Administration Authorization Act of 2014 with the Federal Government; or . 708. Commercial technology transfer program Section 50116(a) of title 51, United States Code, is amended by inserting , while protecting national security after research community . 709. Orbital debris (a) Finding Congress finds that orbital debris poses serious risks to the operational space capabilities of the United States and that an international consensus and strategic plan is needed to mitigate the growth of orbital debris wherever possible, as well as the status of any orbital debris mitigation concepts and technological options that have been developed or funded by any Federal agency in the past 5 years, or that otherwise show significant promise, in the near-term, to mitigate orbital debris. (b) Reports (1) Coordination Not later than 90 days after the date of enactment of this Act, the Administrator shall provide the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with a report on the status of efforts to coordinate with countries within the Inter-Agency Space Debris Coordination Committee to mitigate the effects and growth of orbital debris as required by section 1202(b)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18441(b)(1) ). (2) Mitigation strategy Not later than 90 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall provide the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with a report on the status of the orbital debris mitigation strategy required under section 1202(b)(2) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18441(b)(2) ). 710. NASA Advisory Council (a) Establishment Subchapter II of chapter 201 of title 51, United States Code, is amended by adding at the end the following new section: 20118. NASA Advisory Council (a) Establishment There shall be established a NASA Advisory Council (in this section referred to as the Council ) for the Administration in accordance with this section, not later than 9 months after the date of enactment of this section. (b) Membership and appointment The Council shall consist of 11 members to be appointed as follows: (1) 5 members shall be appointed by the President. (2) 2 members shall be appointed by the President pro tempore of the Senate. (3) 1 member shall be appointed by the minority leader of the Senate. (4) 2 members shall be appointed by the Speaker of the House of Representatives. (5) 1 member shall be appointed by the minority leader of the House of Representatives. In addition to the members appointed under paragraphs (1) through (5), the Administrator shall be an ex officio, nonvoting member of the Council. Members of the Council shall comply with the Federal Advisory Committee Act (5 U.S.C. App.) and the Ethics in Government Act of 1978 (5 U.S.C. App.). (c) Qualifications The persons appointed as members of the Council shall be— (1) former astronauts or scientists or engineers eminent in the fields of human spaceflight, planetary science, space science, Earth science, aeronautics, or disciplines related to space exploration and aeronautics, including other scientific, engineering, or business disciplines; (2) selected on the basis of established records of distinguished service; and (3) so selected as to provide representation of the views of engineering, science, and aerospace leaders in all areas of the Nation. (d) Terms The term of office of each member of the Council shall be 6 years. (e) Meetings The Council shall meet two times annually at minimum and at such other times as the Chairman may determine, but the Chairman shall also call a meeting whenever one-third of the members so request in writing. The Council shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the members of the Council. (f) Chairman and vice chairman The Chairman and Vice Chairman of the Council shall be elected by a majority vote of the Council for a two-year term. A member may serve as Chairman and Vice Chairman for up to three terms. The Vice Chairman shall perform the duties of the Chairman in his absence. If a vacancy occurs in the chairmanship or vice chairmanship, the Council shall elect a member to fill such vacancy. (g) Staff The Administrator shall support the Council with professional staff to provide for the performance of such duties as may be prescribed by the Council. (h) Committees The Council is authorized to appoint from among its members such committees as it deems necessary and to assign to committees so appointed such survey and advisory functions as the Council deems appropriate to assist it in exercising its powers and functions. (i) Functions (1) Budget proposal (A) Review of proposal Not later than October 15 of each year, the Council shall have reviewed the Administration’s proposed budget for the next fiscal year and shall provide to the President their advice based on the best professional judgment of a majority of members. Portions of Council meetings in which the Council considers the budget proposal for the next fiscal year may be closed to the public until the Council submits the proposal to the President and Congress. (B) Advice to congressional committees Not later than 14 days following the President’s budget submittal to Congress for the next fiscal year, the Council shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate their advice based on the best professional judgment of a majority of members. (2) Advice to the President and Congress The Council shall report their findings, advice, and recommendations to the President and Congress on matters of particular policy interest on space exploration and aeronautics based on the best professional judgment of a majority of members. . (b) Table of sections The table of sections for chapter 201 of title 51, United States Code, is amended by adding at the end of the items for subchapter II the following new item: 20118. NASA Advisory Council. . (c) Consultation and advice Section 20113(g) of title 51, United States Code, is amended by inserting and Congress after advice to the Administration . 711. Cost estimation (a) Report Not later than 90 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on current and continuing efforts to implement more effective cost-estimation practices. (b) Elements The report required under subsection (a) shall include— (1) a list of steps the Administration is undertaking to advance consistent implementation of the joint cost and schedule level (JCL) process; and (2) a description of mechanisms the Administration is using and will continue to use to ensure that adequate resources are dedicated to cost estimation. 712. Detection and avoidance of counterfeit electronic parts (a) Regulations (1) In general Not later than 270 days after the date of the enactment of this Act, the Administrator shall revise the NASA Supplement to the Federal Acquisition Regulation to address the detection and avoidance of counterfeit electronic parts. (2) Contractor responsibilities The revised regulations issued pursuant to paragraph (1) shall provide that— (A) Administration contractors who supply electronic parts or products that include electronic parts are responsible for detecting and avoiding the use or inclusion of counterfeit electronic parts or suspect counterfeit electronic parts in such products and for any rework or corrective action that may be required to remedy the use or inclusion of such parts; and (B) the cost of counterfeit electronic parts and suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of such parts are not allowable costs under Agency contracts, unless (i) the covered contractor has an operational system to detect and avoid counterfeit parts and suspect counterfeit electronic parts that has been reviewed and approved by the Administration or the Department of Defense; (ii) the covered contractor provides timely notice to the Administration pursuant to paragraph (4); or (iii) the counterfeit electronic parts or suspect counterfeit electronic parts were provided to the contractor as Government property in accordance with part 45 of the Federal Acquisition Regulation. (3) Suppliers of electronic parts The revised regulations issued pursuant to paragraph (1) shall— (A) require that the Administration and Administration contractors and subcontractors at all tiers— (i) obtain electronic parts that are in production or currently available in stock from the original manufacturers of the parts or their authorized dealers, or from suppliers who obtain such parts exclusively from the original manufacturers of the parts or their authorized dealers; and (ii) obtain electronic parts that are not in production or currently available in stock from suppliers that meet qualification requirements established pursuant to subparagraph (C); (B) establish documented requirements consistent with published industry standards or Government contract requirements for— (i) notification of the Administration; and (ii) inspection, testing, and authentication of electronic parts that the Administration or an Administration contractor or subcontractor obtains from any source other than a source described in subparagraph (A); (C) establish qualification requirements, consistent with the requirements of section 2319 of title 10, United States Code, pursuant to which the Administration may identify suppliers that have appropriate policies and procedures in place to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts; and (D) authorize Administration contractors and subcontractors to identify and use additional suppliers beyond those identified pursuant to subparagraph (C), provided that— (i) the standards and processes for identifying such suppliers comply with established industry standards; (ii) the contractor or subcontractor assumes responsibility for the authenticity of parts provided by such suppliers as provided in paragraph (2); and (iii) the selection of such suppliers is subject to review and audit by appropriate Administration officials. (4) Timely notification The revised regulations issued pursuant to paragraph (1) shall require that any Administration contractor or subcontractor who becomes aware, or has reason to suspect, that any end item, component, part, or material contained in supplies purchased by the Administration, or purchased by a contractor or subcontractor for delivery to, or on behalf of, the Administration, contains counterfeit electronic parts or suspect counterfeit electronic parts, shall provide notification to the applicable Administration contracting officer within 30 calendar days. (b) Definitions In this section, the term electronic part means a discrete electronic component, including a microcircuit, transistor, capacitor, resistor, or diode that is intended for use in a safety or mission critical application. 713. Prohibition on use of funds for contractors that have committed fraud or other crimes None of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Administration may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, pursuant to the Federal Acquisition Regulation, that the offeror or any of its principals— (1) within a three-year period preceding this offer has been convicted of or had a civil judgment rendered against it for— (A) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; (B) violation of Federal or State antitrust statutes relating to the submission of offers; or (C) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (1); or (3) within a three-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4412ih/xml/BILLS-113hr4412ih.xml
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113-hr-4413
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I 113th CONGRESS 2d Session H. R. 4413 IN THE HOUSE OF REPRESENTATIVES April 7, 2014 Mr. Lucas (for himself, Mr. Peterson , Mr. Conaway , and Mr. David Scott of Georgia ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To reauthorize the Commodity Futures Trading Commission, to better protect futures customers, to provide end users with market certainty, to make basic reforms to ensure transparency and accountability at the Commission, to help farmers, ranchers, and end users manage risks to help keep consumer costs low, and for other purposes.
1. Short title This Act may be cited as the Customer Protection and End User Relief Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Customer protections Sec. 101. Short title. Sec. 102. Enhanced protections for futures customers. Sec. 103. Electronic confirmation of customer funds. Sec. 104. Notice and certifications providing additional customer protections. Sec. 105. Futures commission merchant compliance. Sec. 106. Certainty for futures customers and market participants. Sec. 107. Study on high-frequency trading. Title II—Commodity Futures Trading Commission reforms Sec. 201. Short title. Sec. 202. Extension of operations. Sec. 203. Consideration by the Commodity Futures Trading Commission of the costs and benefits of its regulations and orders. Sec. 204. Division directors. Sec. 205. Office of the Chief Economist. Sec. 206. Procedures governing actions taken without a commission vote. Sec. 207. Strategic technology plan. Sec. 208. Internal risk controls. Sec. 209. Subpoena duration and renewal. Sec. 210. Implementation plan for Commission rulemakings. Sec. 211. Applicability of notice and comment requirements of the Administrative Procedure Act to guidance voted on by the Commission. Sec. 212. Judicial review of Commission rules. Sec. 213. GAO study on adequacy of CFTC resources. Title III—End-user relief Sec. 301. Short title. Subtitle A—End-User exemption from margin requirements Sec. 311. End-user margin requirements. Sec. 312. Implementation. Subtitle B—Inter-Affiliate swaps Sec. 321. Treatment of affiliate transactions. Subtitle C—Indemnification requirements related to swap data repositories Sec. 331. Indemnification requirements. Subtitle D—Relief for municipal utilities Sec. 341. Transactions with utility special entities. Sec. 342. Utility special entity defined. Sec. 343. Utility operations-related swap. Subtitle E—End-User regulatory relief Sec. 351. End users not treated as financial entities. Sec. 352. Reporting of illiquid swaps so as to not disadvantage certain non-financial end users. Sec. 353. Relief for grain elevator operators, farmers, agricultural counterparties, and commercial market participants. Sec. 354. Relief for end users who use physical contracts with volumetric optionality. Sec. 355. Commission vote required before automatic change of swap dealer de minimis level. Sec. 356. Capital requirements for non-bank swap dealers. Sec. 357. Harmonization with the Jumpstart Our Business Startups Act. Sec. 358. Bona fide hedge defined to protect end user risk management needs. Sec. 359. Cross-border regulation of derivatives transactions. Subtitle F—Effective date Sec. 371. Effective date. I Customer protections 101. Short title This title may be cited as the Futures Customer Protection Act . 102. Enhanced protections for futures customers Section 17 of the Commodity Exchange Act ( 7 U.S.C. 21 ) is amended by adding at the end the following: (s) A registered futures association shall— (1) require each member of the association that is a futures commission merchant to maintain written policies and procedures regarding the maintenance of— (A) the residual interest of the member, as described in section 1.23 of title 17, Code of Federal Regulations, in any customer segregated funds account of the member, as identified in section 1.20 of such title, and in any foreign futures and foreign options customer secured amount funds account of the member, as identified in section 30.7 of such title; and (B) the residual interest of the member, as described in section 22.2(e)(4) of such title, in any cleared swaps customer collateral account of the member, as identified in section 22.2 of such title; and (2) establish rules to govern the withdrawal, transfer or disbursement by any member of the association, that is a futures commission merchant, of the member's residual interest in customer segregated funds as provided in such section 1.20, in foreign futures and foreign options customer secured amount funds, identified as provided in such section 30.7, and from a cleared swaps customer collateral, identified as provided in such section 22.2. . 103. Electronic confirmation of customer funds Section 17 of the Commodity Exchange Act ( 7 U.S.C. 21 ), as amended by section 102 of this Act, is amended by adding at the end the following: (t) A registered futures association shall require any member of the association that is a futures commission merchant to— (1) use an electronic system or systems to report financial and operational information to the association, including information related to customer segregated funds, foreign futures and foreign options customer secured amount funds accounts, and cleared swaps customer collateral, in accordance with such terms, conditions, documentation standards, and regular time intervals as are established by the association; (2) instruct each depository, including any bank, trust company, derivatives clearing organization, or futures commission merchant, holding customer segregated funds under section 1.20 of title 17, Code of Federal Regulations, foreign futures and foreign options customer secured amount funds under section 30.7 of such title, or cleared swap customer funds under section 22.2 of such title, to report balances in the futures commission merchant's section 1.20 customer segregated funds, section 30.7 foreign futures and foreign options customer secured amount funds, and section 22.2 cleared swap customer funds, to the registered futures association or another party designated by the registered futures association, in the form, manner, and interval prescribed by the registered futures association; and (3) hold section 1.20 customer segregated funds, section 30.7 foreign futures and foreign options customer secured amount funds and section 22.2 cleared swaps customer funds in a depository that reports the balances in these accounts of the futures commission merchant held at the depository to the registered futures association or another party designated by the registered futures association in the form, manner, and interval prescribed by the registered futures association. . 104. Notice and certifications providing additional customer protections Section 17 of the Commodity Exchange Act ( 7 U.S.C. 21 ), as amended by sections 102 and 103 of this Act, is amended by adding at the end the following: (u) A futures commission merchant that has adjusted net capital in an amount less than the amount required by regulations established by the Commission or a self-regulatory organization of which the futures commission merchant is a member shall immediately notify the Commission and the self-regulatory organization of this occurrence. (v) A futures commission merchant that does not hold a sufficient amount of funds in segregated accounts for futures customers under section 1.20 of title 17, Code of Federal Regulations, in foreign futures and foreign options secured amount accounts for foreign futures and foreign options secured amount customers under section 30.7 of such title, or in segregated accounts for cleared swap customers under section 22.2 of such title, as required by regulations established by the Commission or a self-regulatory organization of which the futures commission merchant is a member, shall immediately notify the Commission and the self-regulatory organization of this occurrence. (w) Within such time period established by the Commission after the end of each fiscal year, a futures commission merchant shall file with the Commission a report from the chief compliance officer of the futures commission merchant containing an assessment of the internal compliance programs of the futures commission merchant. . 105. Futures commission merchant compliance (a) In general Section 4d(a) of the Commodity Exchange Act ( 7 U.S.C. 6d(a) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B) and by moving the margins of such subparagraphs two ems to the right; (2) by inserting (1) before It shall be unlawful ; and (3) by adding at the end the following new paragraph: (2) Any rules or regulations requiring a futures commission merchant to maintain a residual interest in accounts held for the benefit of customers in amounts at least sufficient to exceed the sum of all uncollected margin deficits of such customers shall provide that a futures commission merchant shall meet its residual interest requirement as of the end of each business day calculated as of the close of business on the previous business day. . (b) Conforming amendment Section 4d(h) of the Commodity Exchange Act ( 7 U.S.C. 6d(h) ) is amended by striking Notwithstanding subsection (a)(2) and inserting Notwithstanding subsection (a)(1)(B) . 106. Certainty for futures customers and market participants Section 20(a) of the Commodity Exchange Act ( 7 U.S.C. 24(a) ) is amended— (1) by striking and at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ; and ; and (3) by adding at the end the following: (6) that cash, securities, or other property of the estate of a commodity broker, including the trading or operating accounts of the commodities broker and commodities held in inventory by the commodity broker, shall be included in customer property, but only to the extent that the property that is otherwise customer property is insufficient to satisfy the net equity claims of public customers (as such term may be defined by the Commission by rule or regulation) of the commodity broker. . 107. Study on high-frequency trading (a) In general Not later than one year after the date of the enactment of this Act, the Commodity Futures Trading Commission shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report examining the effect of the practice commonly referred to as high-frequency trading on markets under its jurisdiction. (b) Specific areas examined in report In preparing the report submitted under subsection (a), the Commission shall particularly examine each of the following areas: (1) The technology, personnel, or other resources the Commission may require for purposes of monitoring the effect of high-frequency trading. (2) The role such trading plays in providing market liquidity. (3) Whether the technology creates discrepancies in the marketplace between market participants. (4) Whether the existing authority of the Commission with respect to such trading is sufficient to meet the Commission’s mission to— (A) protect market participants and the public from fraud, manipulation, abusive practices, and systemic risk related to derivatives; and (B) foster transparent, open, competitive, and financially sound markets. II Commodity Futures Trading Commission reforms 201. Short title This title may be cited as the Commodity Futures Trading Commission Reform Act . 202. Extension of operations Section 12(d) of the Commodity Exchange Act ( 7 U.S.C. 16(d) ) is amended by striking 2013 and inserting 2018 . 203. Consideration by the Commodity Futures Trading Commission of the costs and benefits of its regulations and orders Section 15(a) of the Commodity Exchange Act ( 7 U.S.C. 19(a) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) In general Before promulgating a regulation under this Act or issuing an order (except as provided in paragraph (3)), the Commission, through the Office of the Chief Economist, shall assess and publish in the regulation or order the costs and benefits, both qualitative and quantitative, of the proposed regulation or order, and the proposed regulation or order shall state its statutory justification. (2) Considerations In making a reasoned determination of the costs and the benefits, the Commission shall evaluate— (A) considerations of protection of market participants and the public; (B) considerations of the efficiency, competitiveness, and financial integrity of futures and swaps markets; (C) considerations of the impact on market liquidity in the futures and swaps markets; (D) considerations of price discovery; (E) considerations of sound risk management practices; (F) available alternatives to direct regulation; (G) the degree and nature of the risks posed by various activities within the scope of its jurisdiction; (H) the costs of complying with the proposed regulation or order by all regulated entities, including a methodology for quantifying the costs (recognizing that some costs are difficult to quantify); (I) whether the proposed regulation or order is inconsistent, incompatible, or duplicative of other Federal regulations or orders; (J) whether, in choosing among alternative regulatory approaches, those approaches maximize net benefits (including potential economic and other benefits, distributive impacts, and equity); and (K) other public interest considerations. . 204. Division directors Section 2(a)(6)(C) of the Commodity Exchange Act ( 7 U.S.C. 2(a)(6)(C) ) is amended by inserting , and the heads of the units shall serve at the pleasure of the Commission, report directly to the Commission, and perform such functions and duties as the Commission may prescribe before the period. 205. Office of the Chief Economist (a) In general Section 2(a) of the Commodity Exchange Act ( 7 U.S.C. 2(a) ) is amended by adding at the end the following: (17) Office of the chief economist (A) Establishment There is established in the Commission the Office of the Chief Economist. (B) Head The Office of the Chief Economist shall be headed by the Chief Economist, who shall be appointed by the Commission and serve at the pleasure of the Commission. (C) Functions The Chief Economist shall report directly to the Commission and perform such functions and duties as the Commission may prescribe. (D) Professional staff The Commission shall appoint such other economists as may be necessary to assist the Chief Economist in performing such economic analysis, regulatory cost-benefit analysis, or research the Commission may direct. . (b) Conforming amendment Section 2(a)(6)(A) of such Act ( 7 U.S.C. 2(a)(6)(A) ) is amended by striking (4) and (5) and inserting (4), (5), and (17) . 206. Procedures governing actions taken without a commission vote Section 2(a)(12) of the Commodity Exchange Act ( 7 U.S.C. 2(a)(12) ) is amended— (1) by striking (12) The and inserting the following: (12) Rules and regulations (A) In general Subject to the other provisions of this paragraph, the ; and (2) by adding after and below the end the following new subparagraph: (B) Notice to commission (i) General rule A division or office of the Commission may not issue an interpretive rule of general applicability, a statement of general policy, a response to a formal, written request or petition from any member of the public for guidance, or an exemptive, a no-action, or an interpretive letter, unless, at least 7 calendar days before the issuance, the division or office has provided the Commission with a copy of the matter to be issued. (ii) Opportunity for meeting required After receiving a copy of the matter provided in accordance with clause (i), any member of the Commission may request that the Commission hold a meeting to review the matter, and the Chairman shall immediately put any such request for a meeting before the Commission, and if the Commission decides to hold the meeting by a majority vote, the matter may not be issued until the Commission has concluded the meeting. (iii) Limitations on applicability By a majority vote, the Commission may waive the 7-day prior notice requirement of clause (i) when the Commission finds that requiring such a notice would be impracticable, unnecessary, or contrary to the public interest. . 207. Strategic technology plan Section 2(a) of the Commodity Exchange Act ( 7 U.S.C. 2(a) ), as amended by section 204(a) of this Act, is amended by adding at the end the following: (18) Strategic technology plan (A) In general Every 5 years, the Commission shall develop and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a detailed plan focused on the acquisition and use of technology by the Commission. (B) Contents The plan shall— (i) include for each related division or office a detailed technology strategy focused exclusively on market surveillance and risk detection, market data collection, aggregation, interpretation, standardization, harmonization, streamlining, and internal management and protection of data collected by the Commission, including a detailed accounting of how the funds provided for technology will be used and the priorities that will apply in the use of the funds; and (ii) set forth annual goals to be accomplished and annual budgets needed to accomplish the goals. . 208. Internal risk controls (a) In general Section 2(a)(12) of the Commodity Exchange Act ( 7 U.S.C. 2(a)(12) ), as amended by section 206 of this Act, is amended by adding at the end the following: (C) Internal risk controls The Commission staff and the Chief Economist shall develop comprehensive internal risk control mechanisms to safeguard and govern the storage of all market data by the Commission, all market data sharing agreements of the Commission, and all academic research performed at the Commission using market data. . (b) Reports to the Congress (1) Content The Commission shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate 2 reports on the progress made in implementing the internal risk controls provided for in section 2(a)(12)(C) of the Commodity Exchange Act. (2) Timing The Commission shall submit the 1st report required by paragraph (1) within 60 days after the date of the enactment of this Act, and the 2nd such report within 120 days after such date of enactment. 209. Subpoena duration and renewal Section 6(c)(5) of the Commodity Exchange Act ( 7 U.S.C. 9(5) ) is amended— (1) by striking (5) Subpoena.— For and inserting the following: (5) Subpoena (A) In general For ; and (2) by adding after and below the end the following: (B) Content of subpoena order An order of the Commission authorizing the issuance of a subpoena— (i) shall state in good faith the purpose of the investigation; (ii) shall require only the provision of information reasonably relevant to that purpose; and (iii) shall not be for an indefinite duration. (C) Renewal An order issued under this paragraph may be renewed only by Commission action. . 210. Implementation plan for Commission rulemakings Section 2(a)(12) of the Commodity Exchange Act ( 7 U.S.C. 2(a)(12) ), as amended by sections 206 and 208(a) of this Act, is amended by adding at the end the following: (E) Requirement to publish implementation plan for Commission rules The Commission shall direct its staff to develop and publish in any proposed rule a plan for— (i) when and for how long the proposed rule will be subject to public comment; and (ii) by when compliance with the final rule will be required. . 211. Applicability of notice and comment requirements of the Administrative Procedure Act to guidance voted on by the Commission Section 2(a)(12) of the Commodity Exchange Act ( 7 U.S.C. 2(a)(12) ), as amended by sections 206, 208(a), and 210 of this Act, is amended by adding at the end the following: (F) Applicability of notice and comment rules to guidance voted on by the Commission The notice and comment requirements of chapter 5 of title 5, United States Code, shall also apply with respect to any guidance issued by the Commission after being voted on by the Commission. . 212. Judicial review of Commission rules The Commodity Exchange Act ( 7 U.S.C. 1 et seq. ) is amended by adding at the end the following: 24. Judicial review of commission rules (a) A person aggrieved by a final rule of the Commission under this Act may obtain review of the rule in the United States Court of Appeals for the District of Columbia Circuit or the United States Court of Appeals for the circuit where the party resides, by filing in the court, within 60 days after publication in the Federal Register of the entry of the rule, a written petition requesting that the rule be modified or set aside in whole or in part. (b) A copy of the petition shall be transmitted forthwith by the clerk of the court to an officer designated by the Commission for that purpose. Thereupon the Commission shall file in the court the record on which the rule complained of is entered, as provided in section 2112 of title 28, United States Code, and the Federal Rules of Appellate Procedure. (c) On the filing of the petition, the court has jurisdiction, which becomes exclusive on the filing of the record, to affirm or modify and enforce or to set aside the rule in whole or in part. (d) The findings of the Commission as to the facts identified by the Commission as the basis, in whole or in part, of the rule, if supported by substantial evidence, are conclusive. The court shall affirm and enforce the rule unless the Commission's action in promulgating the rule is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; or without observance of procedure required by law. (e) If either party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there was reasonable ground for failure to adduce it before the Commission, the court may remand the case to the Commission for further proceedings, in whatever manner and on whatever conditions the court considers appropriate. If the case is remanded to the Commission, it shall file in the court a supplemental record containing any new evidence, any further or modified findings, and any new order. . 213. GAO study on adequacy of CFTC resources (a) Study The Comptroller General of the United States shall conduct a study of the resources of the Commodity Futures Trading Commission that— (1) assesses whether the resources of the Commission are sufficient to enable the Commission to effectively carry out the duties of the Commission; and (2) examines the prior expenditures of the Commission on hardware, software, and analytical processes designed to protect customers in the areas of— (A) market surveillance and risk detection; and (B) market data collection, aggregation, interpretation, standardization, harmonization, and streamlining. (b) Report Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains the results of the study. III End-user relief 301. Short title This title may be cited as the End-User Relief and Market Certainty Act . A End-User exemption from margin requirements 311. End-user margin requirements Section 4s(e) of the Commodity Exchange Act ( 7 U.S.C. 6s(e) ) is amended by adding at the end the following new paragraph: (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including the initial and variation margin requirements imposed by rules adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall not apply to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A), or an exemption issued under section 4(c)(1) from the requirements of section 2(h)(1)(A) for cooperative entities as defined in such exemption, or satisfies the criteria in section 2(h)(7)(D). . 312. Implementation The amendment made by this subtitle shall be implemented— (1) without regard to— (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 of title 5, United States Code; (2) through the promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued; and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of the amendment. B Inter-Affiliate swaps 321. Treatment of affiliate transactions (a) In general Section 2(h)(7)(D)(i) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(D)(i) ) is amended to read as follows: (i) In general An affiliate of a person that qualifies for an exception under subparagraph (A) (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate enters into the swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity, provided that if the transfer of commercial risk is addressed by entering into a swap with a swap dealer or major swap participant, a credit support measure or other mechanism is utilized. . (b) Applicability of credit support measure requirement Notwithstanding section 371 of this Act, the requirement in section 2(h)(7)(D)(i) of the Commodity Exchange Act, as amended by subsection (a), requiring that a credit support measure or other mechanism be utilized if the transfer of commercial risk referred to in such section is addressed by entering into a swap with a swap dealer or major swap participant, shall not apply with respect to swaps entered into before the date of the enactment of this Act. C Indemnification requirements related to swap data repositories 331. Indemnification requirements (a) Derivatives clearing organizations Section 5b(k)(5) of the Commodity Exchange Act ( 7 U.S.C. 7a–1(k)(5) ) is amended to read as follows: (5) Confidentiality agreement Before the Commission may share information with any entity described in paragraph (4), the Commission shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in section 8 relating to the information on swap transactions that is provided. . (b) Swap data repositories Section 21(d) of such Act ( 7 U.S.C. 24a(d) ) is amended to read as follows: (d) Confidentiality agreement Before the swap data repository may share information with any entity described in subsection (c)(7), the swap data repository shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in section 8 relating to the information on swap transactions that is provided. . D Relief for municipal utilities 341. Transactions with utility special entities Section 1a(49) of the Commodity Exchange Act ( 7 U.S.C. 1a(49) ) is amended by adding at the end the following: (E) Certain transactions with a utility special entity (i) Transactions in utility operations-related swaps shall be reported pursuant to section 4r. (ii) In making a determination to exempt pursuant to subparagraph (D), the Commission shall treat a utility operations-related swap entered into with a utility special entity, as defined in section 4s(h)(2)(D), as if it were entered into with an entity that is not a special entity, as defined in section 4s(h)(2)(C). . 342. Utility special entity defined Section 4s(h)(2) of the Commodity Exchange Act ( 7 U.S.C. 6s(h)(2) ) is amended by adding at the end the following: (D) Utility special entity For purposes of this Act, the term utility special entity means a special entity, or any instrumentality, department, or corporation of or established by a State or political subdivision of a State, that— (i) owns or operates an electric or natural gas facility or an electric or natural gas operation; (ii) supplies natural gas and or electric energy to another utility special entity; (iii) has public service obligations under Federal, State, or local law or regulation to deliver electric energy or natural gas service to customers; or (iv) is a Federal power marketing agency, as defined in section 3 of the Federal Power Act. . 343. Utility operations-related swap (a) Swap further defined Section 1a(47)(A)(iii) of the Commodity Exchange Act ( 7 U.S.C. 1a(47)(A)(iii) ) is amended— (1) by striking and at the end of subclause (XXI); (2) by adding and at the end of subclause (XXII); and (3) by adding at the end the following: (XXIII) a utility operations-related swap; . (b) Utility operations-related swap defined Section 1a of such Act ( 7 U.S.C. 1a ) is amended by adding at the end the following: (52) Utility operations-related swap The term utility operations-related swap means a swap that— (A) is entered into to hedge or mitigate a commercial risk; (B) is not a contract, agreement, or transaction based on, derived on, or referencing— (i) an interest rate, credit, equity, or currency asset class; or (ii) a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation; and (C) is associated with— (i) the generation, production, purchase, or sale of natural gas or electric energy, the supply of natural gas or electric energy to a utility, or the delivery of natural gas or electric energy service to utility customers; (ii) all fuel supply for the facilities or operations of a utility; (iii) compliance with an electric system reliability obligation; (iv) compliance with an energy, energy efficiency, conservation, or renewable energy or environmental statute, regulation, or government order applicable to a utility; or (v) any other electric energy or natural gas swap to which a utility is a party. . E End-User regulatory relief 351. End users not treated as financial entities (a) In general Section 2(h)(7)(C)(iii) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(C)(iii) ) is amended to read as follows: (iii) Limitation Such definition shall not include an entity— (I) whose primary business is providing financing, and who uses derivatives for the purpose of hedging underlying commercial risks related to interest rate and foreign currency exposures, 90 percent or more of which arise from financing that facilitates the purchase or lease of products, 90 percent or more of which are manufactured by the parent company or another subsidiary of the parent company; or (II) who is not supervised by a prudential regulator, and is not described in any of subclauses (I) through (VII) of clause (i), and— (aa) is a commercial market participant and is considered a financial entity under clause (i)(VIII) because the entity predominantly engages in physical delivery contracts; or (bb) enters into swaps, contracts for future delivery, and other derivatives on behalf of, or to hedge or mitigate the commercial risk of, whether directly or in the aggregate, affiliates that are not so supervised or described. . (b) Commercial market participant defined (1) In general Section 1a of such Act ( 7 U.S.C. 1a ) is amended by redesignating paragraphs (8) through (51) as paragraphs (9) through (52), respectively, and by inserting after paragraph (6) the following: (7) Commercial market participant The term commercial market participant means any producer, processor, merchant, or commercial user of an exempt or agricultural commodity, or the products or byproducts of such a commodity. . (2) Conforming amendments (A) Section 1a of such Act ( 7 U.S.C. 1a ) is amended— (i) in subparagraph (A) of paragraph (18) (as so redesignated by paragraph (1) of this subsection), in the matter preceding clause (i), by striking (18)(A) and inserting (19)(A) ; and (ii) in subparagraph (A)(vii) of paragraph (19) (as so redesignated by paragraph (1) of this subsection), in the matter following subclause (III), by striking (17)(A) and inserting (18)(A) . (B) Section 4(c)(1)(A)(i)(I) of such Act ( 7 U.S.C. 6(c)(1)(A)(i)(I) ) is amended by striking (7), paragraph (18)(A)(vii)(III), paragraphs (23), (24), (31), (32), (38), (39), (41), (42), (46), (47), (48), and (49) and inserting (8), paragraph (19)(A)(vii)(III), paragraphs (24), (25), (32), (33), (39), (40), (42), (43), (47), (48), (49), and (50) . (C) Section 4q(a)(1) of such Act ( 7 U.S.C. 6o–1(a)(1) ) is amended by striking 1a(9) and inserting 1a(10) . (D) Section 4s(f)(1)(D) of such Act ( 7 U.S.C. 6s(f)(1)(D) ) is amended by striking 1a(47)(A)(v) and inserting 1a(48)(A)(v) . (E) Section 4s(h)(5)(A)(i) of such Act ( 7 U.S.C. 6s(h)(5)(A)(i) ) is amended by striking 1a(18) and inserting 1a(19) . (F) Section 4t(b)(1)(C) of such Act ( 7 U.S.C. 6t(b)(1)(C) ) is amended by striking 1a(47)(A)(v) and inserting 1a(48)(A)(v) . (G) Section 5(d)(23) of such Act ( 7 U.S.C. 7(d)(23) ) is amended by striking 1a(47)(A)(v) and inserting 1a(48)(A)(v) . (H) Section 5(e)(1) of such Act ( 7 U.S.C. 7(e)(1) ) is amended by striking 1a(9) and inserting 1a(10) . (I) Section 5b(k)(3)(A) of such Act ( 7 U.S.C. 7a–1(k)(3)(A) ) is amended by striking 1a(47)(A)(v) and inserting 1a(48)(A)(v) . (J) Section 5c(c)(4)(B) of such Act ( 7 U.S.C. 7a–2(c)(4)(B) ) is amended by striking 1a(10) and inserting 1a(11) . (K) Section 5h(f)(10)(A)(iii) of such Act ( 7 U.S.C. 7b–3(f)(10)(A)(iii) ) is amended by striking 1a(47)(A)(v) and inserting 1a(48)(A)(v) . (L) Section 21(f)(4)(C) of such Act ( 7 U.S.C. 24a(f)(4)(C) ) is amended by striking 1a(48) and inserting 1a(49) . 352. Reporting 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 the volume and frequency of trading in swaps is at such a level as to allow identification of individual market participants. . 353. Relief for grain elevator operators, farmers, agricultural counterparties, and commercial market participants The Commodity Exchange Act ( 7 U.S.C. 1 et seq. ) is amended by inserting after section 4t the following: 4u. Recordkeeping requirements applicable to non-registered members of certain registered entities Except as provided in section 4(a)(3), a member of a designated contract market or a swap execution facility that is not registered with the Commission and not required to be registered with the Commission in any capacity shall satisfy the recordkeeping requirements of this Act and any recordkeeping rule, order, or regulation under this Act by maintaining a written record of each transaction in a contract for future delivery, option on a future, swap, swaption, trade option, or related cash or forward transaction. The written record shall be sufficient if it includes the final agreement between the parties and the material economic terms of the transaction and is identifiable and searchable by transaction. . 354. 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— (I) exercise results in a physical delivery obligation; (II) cannot be severed or marketed separately from the overall transaction for the purpose of financial settlement; and (III) both parties are commercial market participants. . 355. Commission vote required before automatic change of swap dealer de minimis level Section 1a(49)(D) of the Commodity Exchange Act ( 7 U.S.C. 1a(49)(D) ) is amended— (1) by striking all that precedes shall exempt and inserting the following: (D) De minimis exception (i) In general The Commission ; and (2) by adding after and below the end the following new clause: (ii) The de minimis quantity of swap dealing as described in clause (i) that is currently set at a quantity of $8,000,000,000 shall only be amended or reduced through a new affirmative action of the Commission undertaken by rule or regulation. . 356. Capital requirements for non-bank swap dealers Section 4s(e) of the Commodity Exchange Act ( 7 U.S.C. 6s(e) ) is amended— (1) in paragraph (2)(B), by inserting , in consultation with the prudential regulators and the Securities and Exchange Commission, before shall ; and (2) in paragraph (3)(D)— (A) in clause (ii), by striking shall, to the maximum extent practicable, and inserting shall ; and (B) by adding at the end the following: (iii) Financial models To the extent that swap dealers and major swap participants that are banks are permitted to use financial models approved by the prudential regulators or the Securities and Exchange Commission to calculate minimum capital requirements and minimum initial and variation margin requirements, including the use of non-cash collateral, the Commission shall, in consultation with the prudential regulators and the Securities and Exchange Commission, permit the use of comparable financial models by swap dealers and major swap participants that are not banks. . 357. Harmonization with the Jumpstart Our Business Startups Act Within 90 days after the date of the enactment of this Act, the Commodity Futures Trading Commission shall— (1) revise section 4.7(b) of title 17, Code of Federal Regulations, in the matter preceding paragraph (1), to read as follows: (b) Relief available to commodity pool operators . Upon filing the notice required by paragraph (d) of this section, and subject to compliance with the conditions specified in paragraph (d) of this section, any registered commodity pool operator who sells participations in a pool solely to qualified eligible persons in an offering which qualifies for exemption from the registration requirements of the Securities Act pursuant to section 4(2) of that Act or pursuant to Regulation S, 17 CFR 230.901 et seq ., and any bank registered as a commodity pool operator in connection with a pool that is a collective trust fund whose securities are exempt from registration under the Securities Act pursuant to section 3(a)(2) of that Act and are sold solely to qualified eligible persons, may claim any or all of the following relief with respect to such pool: ; and (2) revise section 4.13(a)(3)(i) of such title to read as follows: (i) Interests in the pool are exempt from registration under the Securities Act of 1933, and such interests are offered and sold pursuant to section 4 of the Securities Act of 1933 and the regulations thereunder; . 358. Bona fide hedge defined to protect end user risk management needs Section 4a(c) of the Commodity Exchange Act ( 7 U.S.C. 6a(c) ) is amended— (1) in paragraph (1)— (A) by striking may and inserting shall ; and (B) by striking future for which and inserting future, to be determined by the Commission, for which either an appropriate swap is available or ; (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking subsection (a)(2) and all that follows through position as and inserting paragraphs (2) and (5) of subsection (a) for swaps, contracts of sale for future delivery, or options on the contracts or commodities, a bona fide hedging transaction or position is ; and (B) in subparagraph (A)(ii), by striking of risks and inserting or management of current or anticipated risks ; and (3) by adding at the end the following: (3) The Commission may further define, by rule or regulation, what constitutes a bona fide hedging transaction, provided that the rule or regulation is consistent with the requirements of subparagraphs (A) and (B) of paragraph (2). . 359. Cross-border regulation of derivatives transactions (a) Rules required Within 180 days after the date of the enactment of this Act, the Commodity Futures Trading Commission shall issue rules that address— (1) the nature of the connections to the United States that require a non-U.S. person to register as a swap dealer or major swap participant under the Commodity Exchange Act and the regulations issued under such Act; (2) which of the United States swaps requirements shall apply to the swap activities of non-U.S. persons, U.S. persons, and their branches, agencies, subsidiaries, and affiliates outside of the United States and the extent to which such requirements shall apply; and (3) the circumstances under which a non-U.S. person in compliance with the regulatory requirements of a foreign jurisdiction shall be exempt from United States swaps requirements. (b) Rule in accordance with APA required No guidance, memorandum of understanding, or any such other agreement may satisfy the requirement to issue a rule from the Commission in accordance with section 553 of title 5, United States Code. (c) General application to countries or administrative regions having 9 largest markets (1) General application In issuing rules under this section, the Commission shall provide that a non-U.S. person in compliance with the swaps regulatory requirements of a country or administrative region that has 1 of the 9 largest swap markets by notional amount in the calendar year preceding issuance of such rules, or other foreign jurisdiction as determined by the Commission, shall be exempt from United States swaps requirements in accordance with the schedule set forth in paragraph (2), unless the Commission determines that the regulatory requirements of the country or administrative region or other foreign jurisdiction are not broadly equivalent to United States swaps requirements. (2) Effective date schedule The exemption described in paragraph (1) and set forth under the rules required by this section shall apply to persons or transactions relating to or involving— (A) countries or administrative regions described in such paragraph, or any other foreign jurisdiction as determined by the Commission, accounting for the 5 largest swap markets by notional amount in the calendar year preceding issuance of such rules, on the date on which final rules are issued under this section; and (B) the remaining countries or administrative regions described in such paragraph, and any other foreign jurisdiction as determined by the Commission, 1 year after the date on which such rules are issued. (3) Criteria In such rules, the Commission shall establish criteria for determining that 1 or more categories of regulatory requirements of a country or administrative region described in paragraph (1) or other foreign jurisdiction is not broadly equivalent to United States swaps requirements and shall determine the appropriate application of certain United States swap requirements to persons or transactions relating to or involving the country or administrative region or other foreign jurisdiction. The criteria shall include the scope and objectives of the regulatory requirements of a country or administrative region described in paragraph (1) or other foreign jurisdiction as well as the effectiveness of the supervisory compliance program administered, and the enforcement authority exercised, by the country or administrative region or other foreign jurisdiction, and such other factors as the Commission, by rule, determines to be necessary or appropriate in the public interest. (4) Required assessment Beginning on the date on which final rules are issued under this section, the Commission shall begin to assess the regulatory requirements of countries or administrative regions described in paragraph (1), as the Commission determines appropriate, in accordance with the criteria established pursuant to this subsection, to determine if 1 or more categories of regulatory requirements of such a country or administrative region or other foreign jurisdiction is not broadly equivalent to United States swaps requirements. (d) Report to Congress If the Commission makes the determination described in subsection (c)(1) that the regulatory requirements of a country or administrative region described in such subsection or other foreign jurisdiction are not broadly equivalent to United States swaps requirements, the Commission shall articulate the basis for the determination in a written report transmitted to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate within 30 days of the determination. The determination shall not be effective until the transmission of the report. (e) Definitions As used in this section and for purposes of the rules issued pursuant to this section, the following definitions apply: (1) The term U.S. person — (A) means— (i) any natural person resident in the United States; (ii) any partnership, corporation, trust, or other legal person organized or incorporated under the laws of the United States or having its principal place of business in the United States; (iii) any account (whether discretionary or non-discretionary) of a U.S. person; and (iv) any other person as the Commission may further define to more effectively carry out the purposes of this section; and (B) does not include the International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, their agencies and pension plans, and any other similar international organizations and their agencies and pension plans. (2) The term United States swaps requirements means the provisions relating to swaps contained in the Commodity Exchange Act (7 U.S.C. 1a et seq.) that were added by title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and any rules or regulations prescribed by the Commodity Futures Trading Commission pursuant to such provisions. (f) Conforming amendment Section 4(c)(1)(A) of the Commodity Exchange Act ( 7 U.S.C. 6(c)(1)(A) ) is amended by inserting or except as necessary to effectuate section 361 of the Customer Protection and End User Relief Act, after to grant exemptions, . F Effective date 371. Effective date The amendments made by this title shall take effect as if enacted on July 21, 2010.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4413ih/xml/BILLS-113hr4413ih.xml
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113-hr-4414
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II 113th CONGRESS 2d Session H. R. 4414 IN THE SENATE OF THE UNITED STATES April 30, 2014 Received AN ACT To clarify the treatment under the Patient Protection and Affordable Care Act of health plans in which expatriates are the primary enrollees, and for other purposes.
1. Short title This Act may be cited as the Expatriate Health Coverage Clarification Act of 2014 . 2. Treatment of expatriate health plans under ACA (a) In general Subject to subsection (b), the provisions of (including any amendment made by) the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and of title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ) shall not apply with respect to— (1) expatriate health plans; (2) employers with respect to any such plans for which such employers are acting as plan sponsors; or (3) expatriate health insurance issuers with respect to coverage offered by such issuers under such plans. (b) Minimum essential coverage and eligible employer-Sponsored plan For purposes of section 5000A(f) of the Internal Revenue Code of 1986, and any other section of the Internal Revenue Code of 1986 that incorporates the definition of minimum essential coverage provided under such section 5000A(f) by reference, coverage under an expatriate health plan shall be deemed to be minimum essential coverage under an eligible employer-sponsored plan as defined in paragraph (2) of such section. (c) Qualified expatriates and dependents not United States health risk (1) In general For purposes of section 9010 of the Patient Protection and Affordable Care Act ( 26 U.S.C. 4001 note prec.), for calendar years after 2014, a qualified expatriate (and any dependent of such individual) enrolled in an expatriate health plan shall not be considered a United States health risk. (2) Special rule for 2014 The fee under section 9010 of such Act for calendar year 2014 with respect to any expatriate health insurance issuer shall be the amount which bears the same ratio to the fee amount determined by the Secretary of the Treasury with respect to such issuer under such section for such year (determined without regard to this paragraph) as— (A) the amount of premiums taken into account under such section with respect to such issuer for such year, less the amount of premiums for expatriate health plans taken into account under such section with respect to such issuer for such year, bears to (B) the amount of premiums taken into account under such section with respect to such issuer for such year. (d) Definitions In this section: (1) Expatriate health insurance issuer The term expatriate health insurance issuer means a health insurance issuer that issues expatriate health plans. (2) Expatriate health plan The term expatriate health plan means a group health plan, health insurance coverage offered in connection with a group health plan, or health insurance coverage offered to a group of individuals described in paragraph (3)(B) (which may include dependents of such individuals) that meets each of the following standards: (A) Substantially all of the primary enrollees in such plan or coverage are qualified expatriates, with respect to such plan or coverage. In applying the previous sentence, an individual shall not be taken into account as a primary enrollee if the individual is not a national of the United States and resides in the country of which the individual is a citizen. (B) Substantially all of the benefits provided under the plan or coverage are not excepted benefits described in section 9832(c) of the Internal Revenue Code of 1986. (C) The plan or coverage provides benefits for items and services, in excess of emergency care, furnished by health care providers— (i) in the case of individuals described in paragraph (3)(A), in the country or countries in which the individual is present in connection with the individual’s employment, and such other country or countries as the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, may designate; or (ii) in the case of individuals described in paragraph (3)(B), in the country or countries as the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, may designate. (D) In the case of an expatriate health plan that is a group health plan offered by a plan sponsor that— (i) also offers a qualifying minimum value domestic group health plan, the plan sponsor reasonably believes that the benefits provided by the expatriate health plan are actuarially similar to, or better than, the benefits provided under a qualifying minimum value domestic group health plan offered by that plan sponsor; or (ii) does not also offer a qualifying minimum value domestic group health plan, the plan sponsor reasonably believes that the benefits provided by the expatriate health plan are actuarially similar to, or better than, the benefits provided under a qualifying minimum value domestic group health plan. (E) If the plan or coverage provides dependent coverage of children, the plan or coverage makes such dependent coverage available for adult children until the adult child turns 26 years of age, unless such individual is the child of a child receiving dependent coverage. (F) The plan or coverage— (i) is issued by an expatriate health plan issuer, or administered by an administrator, that maintains, with respect to such plan or coverage— (I) network provider agreements with health care providers that are outside of the United States; and (II) call centers in more than one country and accepts calls from customers in multiple languages; and (ii) offers reimbursements for items or services under such plan or coverage in more than two currencies. (G) The plan or coverage, and the plan sponsor or expatriate health insurance issuer with respect to such plan or coverage, satisfies the provisions of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ), chapter 100 of the Internal Revenue Code of 1986, and part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq. ), which would otherwise apply to such a plan or coverage, and sponsor or issuer, if not for the enactment of the Patient Protection and Affordable Care Act and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010. (3) Qualified expatriate The term qualified expatriate means any of the following individuals: (A) Workers An individual who is a participant in a group health plan, who is an alien residing outside the United States, a national of the United States, lawful permanent resident, or nonimmigrant for whom there is a good faith expectation by the plan sponsor of the plan that, in connection with the individual’s employment, the individual is abroad for a total of not less than 180 days during any period of 12 consecutive months. (B) Other individuals abroad An individual, such as a student or religious missionary, who is abroad, and who is a member of a group determined appropriate by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor. (4) Qualifying minimum value domestic group health plan The term qualifying minimum value domestic group health plan means a group health plan that is offered in the United States that meets the following requirements: (A) Substantially all of the primary enrollees in the plan are not qualified expatriates, with respect to such plan. (B) Substantially all of the benefits provided under the plan are not excepted benefits described in section 9832(c) of the Internal Revenue Code of 1986. (C) The application of section 36B(c)(2)(C)(ii) of such Code to such plan would not prevent an employee eligible for coverage under such plan from being treated as eligible for minimum essential coverage for purposes of section 36B(c)(2)(B) of such Code. (5) Abroad (A) United States Nationals (i) In general Except as provided in clause (ii), for purposes of applying paragraph (3) to a national of the United States, the term abroad means outside the 50 States, the District of Columbia, and Puerto Rico. (ii) Special rule For purposes of applying paragraph (3) to a national of the United States who resides in the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, or Guam, the term abroad means outside of the 50 States, the District of Columbia, Puerto Rico, and such territory or possession. (B) Foreign citizens For purposes of applying paragraph (3) to an individual who is not a national of the United States, the term abroad means outside of the country of which that individual is a citizen. (6) United States The term United States means the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam. (7) Miscellaneous terms (A) Group health plan; health insurance coverage; health insurance issuer; plan sponsor The terms group health plan , health insurance coverage , health insurance issuer , and plan sponsor have the meanings given those terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91), except that in applying such terms under this section the term health insurance issuer includes a foreign corporation which is predominantly engaged in an insurance business and which would be subject to tax under subchapter L of chapter 1 of the Internal Revenue Code of 1986 if it were a domestic corporation. (B) Foreign state; national of the United States; nonimmigrant; reside; lawful permanent resident The terms national of the United States , and nonimmigrant have the meaning given such terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), the term reside means having a residence (within the meaning of such term in such section), and the term lawful permanent resident means an alien lawfully admitted for permanent residence (as defined in such section).
Passed the House of Representatives April 29, 2014. Karen L. Haas, Clerk
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113-hr-4415
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I 113th CONGRESS 2d Session H. R. 4415 IN THE HOUSE OF REPRESENTATIVES April 7, 2014 Mr. Kildee introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the extension of certain unemployment benefits, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Emergency Unemployment Compensation Extension 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. Extension of emergency unemployment compensation program. Sec. 3. Temporary extension of extended benefit provisions. Sec. 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities. Sec. 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 6. Flexibility for unemployment program agreements. Sec. 7. Ending unemployment payments to jobless millionaires and billionaires. Sec. 8. GAO study on the use of work suitability requirements in unemployment insurance programs. Sec. 9. Funding stabilization. Sec. 10. Prepayment of certain PBGC premiums. Sec. 11. Extension of customs user fees. Sec. 12. Emergency services, government, and certain nonprofit volunteers. 2. Extension of emergency unemployment compensation program (a) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking January 1, 2014 and inserting June 1, 2014 . (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by inserting and at the end; and (3) by inserting after subparagraph (J) the following: (K) the amendment made by section 2(a) of the Emergency Unemployment Compensation Extension Act of 2014 ; . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 3. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 ( 26 U.S.C. 3304 note), is amended— (1) by striking December 31, 2013 each place it appears and inserting May 31, 2014 ; and (2) in subsection (c), by striking June 30, 2014 and inserting November 30, 2014 . (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 ; 26 U.S.C. 3304 note) is amended by striking June 30, 2014 and inserting November 30, 2014 . (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended— (1) in subsection (d), by striking December 31, 2013 and inserting May 31, 2014 ; and (2) in subsection (f)(2), by striking December 31, 2013 and inserting May 31, 2014 . (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities (a) Extension (1) In general Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking through fiscal year 2014 and inserting through the first five months of fiscal year 2015 . (2) Effective date The amendment made by this subsection shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). (b) Timing for services and activities (1) In general Section 4001(i)(1)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by adding at the end the following new sentence: At a minimum, such reemployment services and reemployment and eligibility assessment activities shall be provided to an individual within a time period (determined appropriate by the Secretary) after the date the individual begins to receive amounts under section 4002(b) (first tier benefits) and, if applicable, again within a time period (determined appropriate by the Secretary) after the date the individual begins to receive amounts under section 4002(d) (third tier benefits). . (2) Effective date The amendment made by this subsection shall apply on and after the date of the enactment of this Act. (c) Purposes of services and activities The purposes of the reemployment services and reemployment and eligibility assessment activities under section 4001(i) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) are— (1) to better link the unemployed with the overall workforce system by bringing individuals receiving unemployment insurance benefits in for personalized assessments and referrals to reemployment services; and (2) to provide individuals receiving unemployment insurance benefits with early access to specific strategies that can help get them back into the workforce faster, including through— (A) the development of a reemployment plan; (B) the provision of access to relevant labor market information; (C) the provision of access to information about industry-recognized credentials that are regionally relevant or nationally portable; (D) the provision of referrals to reemployment services and training; and (E) an assessment of the individual's on-going eligibility for unemployment insurance benefits. 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act (a) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) ) is amended— (1) by striking June 30, 2013 and inserting November 30, 2013 ; and (2) by striking December 31, 2013 and inserting May 31, 2014 . (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for administration Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $105,000 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. 6. Flexibility for unemployment program agreements (a) Flexibility (1) In general Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) shall not apply with respect to a State that has enacted a law before December 1, 2013, that, upon taking effect, would violate such subsection. (2) Effective date Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a subsequent agreement Nothing in title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title. 7. Ending unemployment payments to jobless millionaires and billionaires (a) Prohibition Notwithstanding any other provision of law, no Federal funds may be used for payments of unemployment compensation under the emergency unemployment compensation program under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) to an individual whose adjusted gross income in the preceding year was equal to or greater than $1,000,000. (b) Compliance Unemployment Insurance applications shall include a form or procedure for an individual applicant to certify the individual’s adjusted gross income was not equal to or greater than $1,000,000 in the preceding year. (c) Audits The certifications required by subsection (b) shall be auditable by the U.S. Department of Labor or the U.S. Government Accountability Office. (d) Status of applicants It is the duty of the States to verify the residency, employment, legal, and income status of applicants for Unemployment Insurance and no Federal funds may be expended for purposes of determining whether or not the prohibition under subsection (a) applies with respect to an individual. (e) Effective date The prohibition under subsection (a) shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act. 8. GAO study on the use of work suitability requirements in unemployment insurance programs (a) Study The Comptroller General of the United States shall conduct a study on the use of work suitability requirements to strengthen requirements to ensure that unemployment insurance benefits are being provided to individuals who are actively looking for work and who truly want to return to the labor force. Such study shall include an analysis of— (1) how work suitability requirements work under both State and Federal unemployment insurance programs; and (2) how to incorporate and improve such requirements under Federal unemployment insurance programs; and (3) other items determined appropriate by the Comptroller General. (b) Briefing Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall brief Congress on the ongoing study required under subsection (a). Such briefing shall include preliminary recommendations for such legislation and administrative action as the Comptroller General determines appropriate. 9. Funding stabilization (a) Funding stabilization under the Internal Revenue Code The table in subclause (II) of section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 is amended to read as follows: If the calendar year is: The applicable minimum percentage is: The applicable maximum percentage is: 2012, 2013, 2014, 2015, 2016, or 2017 90% 110% 2018 85% 115% 2019 80% 120% 2020 75% 125% After 2020 70% 130% . (b) Funding stabilization under ERISA (1) In general The table in subclause (II) of section 303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of 1974 is amended to read as follows: If the calendar year is: The applicable minimum percentage is: The applicable maximum percentage is: 2012, 2013, 2014, 2015, 2016, or 2017 90% 110% 2018 85% 115% 2019 80% 120% 2020 75% 125% After 2020 70% 130% . (2) Conforming amendment (A) In general Clause (ii) of section 101(f)(2)(D) of such Act is amended by striking 2015 and inserting 2020 . (B) Statements The Secretary of Labor shall modify the statements required under subclauses (I) and (II) of section 101(f)(2)(D)(i) of such Act to conform to the amendments made by this section. (c) Stabilization not To apply for purposes of certain accelerated benefit distribution rules (1) Internal Revenue Code of 1986 The second sentence of paragraph (2) of section 436(d) of the Internal Revenue Code of 1986 is amended by striking of such plan and inserting of such plan (determined by not taking into account any adjustment of segment rates under section 430(h)(2)(C)(iv)) . (2) Employee Retirement Income Security Act of 1974 The second sentence of subparagraph (B) of section 206(g)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g)(3)(B) ) is amended by striking of such plan and inserting of such plan (determined by not taking into account any adjustment of segment rates under section 303(h)(2)(C)(iv)) . (3) Effective date (A) In general Except as provided in subparagraph (B), the amendments made by this subsection shall apply to plan years beginning after December 31, 2014. (B) Collectively bargained plans In the case of a plan maintained pursuant to 1 or more collective bargaining agreements, the amendments made by this subsection shall apply to plan years beginning after December 31, 2015. (4) Provisions relating to plan amendments (A) In general If this paragraph applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii). (B) Amendments to which paragraph applies (i) In general This paragraph shall apply to any amendment to any plan or annuity contract which is made— (I) pursuant to the amendments made by this subsection, or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under any provision as so amended, and (II) on or before the last day of the first plan year beginning on or after January 1, 2016, or such later date as the Secretary of the Treasury may prescribe. (ii) Conditions This subsection shall not apply to any amendment unless, during the period— (I) beginning on the date that the amendments made by this subsection or the regulation described in clause (i)(I) takes effect (or in the case of a plan or contract amendment not required by such amendments or such regulation, the effective date specified by the plan), and (II) ending on the date described in clause (i)(II) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and such plan or contract amendment applies retroactively for such period. (C) Anti-cutback relief A plan shall not be treated as failing to meet the requirements of section 204(g) of the Employee Retirement Income Security Act of 1974 and section 411(d)(6) of the Internal Revenue Code of 1986 solely by reason of a plan amendment to which this paragraph applies. (d) Modification of funding target determination periods (1) Internal Revenue Code of 1986 Clause (i) of section 430(h)(2)(B) of the Internal Revenue Code of 1986 is amended by striking the first day of the plan year and inserting the valuation date for the plan year . (2) Employee Retirement Income Security Act of 1974 Clause (i) of section 303(h)(2)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(h)(2)(B)(i)) is amended by striking the first day of the plan year and inserting the valuation date for the plan year . (e) Effective date (1) In general The amendments made by subsections (a), (b), and (d) shall apply with respect to plan years beginning after December 31, 2012. (2) Elections A plan sponsor may elect not to have the amendments made by subsections (a), (b), and (d) apply to any plan year beginning before January 1, 2014, either (as specified in the election)— (A) for all purposes for which such amendments apply, or (B) solely for purposes of determining the adjusted funding target attainment percentage under sections 436 of the Internal Revenue Code of 1986 and 206(g) of the Employee Retirement Income Security Act of 1974 for such plan year. A plan shall not be treated as failing to meet the requirements of section 204(g) of such Act and section 411(d)(6) of such Code solely by reason of an election under this paragraph. 10. Prepayment of certain PBGC premiums (a) In general Section 4007 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1307 ) is amended by adding at the end the following new subsection: (f) Election To prepay flat dollar premiums (1) In general The designated payor may elect to prepay during any plan year the premiums due under clause (i) or (v), whichever is applicable, of section 4006(a)(3)(A) for the number of consecutive subsequent plan years (not greater than 5) specified in the election. (2) Amount of prepayment (A) In general The amount of the prepayment for any subsequent plan year under paragraph (1) shall be equal to the amount of the premium determined under clause (i) or (v), whichever is applicable, of section 4006(a)(3)(A) for the plan year in which the prepayment is made. (B) Additional participants If there is an increase in the number of participants in the plan during any plan year with respect to which a prepayment has been made, the designated payor shall pay a premium for such additional participants at the premium rate in effect under clause (i) or (v), whichever is applicable, of section 4006(a)(3)(A) for such plan year. No credit or other refund shall be granted in the case of a plan that has a decrease in number of participants during a plan year with respect to which a prepayment has been made. (C) Coordination with premium for unfunded vested benefits The amount of the premium determined under section 4006(a)(3)(A)(i) for the purpose of determining the prepayment amount for any plan year shall be determined without regard to the increase in such premium under section 4006(a)(3)(E). Such increase shall be paid in the same amount and at the same time as it would otherwise be paid without regard to this subsection. (3) Election The election under this subsection shall be made at such time and in such manner as the corporation may prescribe. . (b) Conforming amendment The second sentence of subsection (a) of section 4007 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1307 ) is amended by striking Premiums and inserting Except as provided in subsection (f), premiums . (c) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. 11. Extension of customs user fees Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— (1) in subparagraph (A), by striking September 30, 2023 and inserting September 30, 2024 ; and (2) in subparagraph (B)(i), by striking September 30, 2023 and inserting September 30, 2024 . 12. Emergency services, government, and certain nonprofit volunteers (a) In general Section 4980H(c) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively, and by inserting after paragraph (4) the following new paragraph: (5) Special rules for certain emergency services, government, and nonprofit volunteers (A) Emergency services volunteers Qualified services rendered as a bona fide volunteer to an eligible employer shall not be taken into account under this section as service provided by an employee. For purposes of the preceding sentence, the terms qualified services , bona fide volunteer , and eligible employer shall have the respective meanings given such terms under section 457(e). (B) Certain other government and nonprofit volunteers (i) In general Services rendered as a bona fide volunteer to a specified employer shall not be taken into account under this section as service provided by an employee. (ii) Bona fide volunteer For purposes of this subparagraph, the term bona fide volunteer means an employee of a specified employer whose only compensation from such employer is in the form of— (I) reimbursement for (or reasonable allowance for) reasonable expenses incurred in the performance of services by volunteers, or (II) reasonable benefits (including length of service awards), and nominal fees, customarily paid by similar entities in connection with the performance of services by volunteers. (iii) Specified employer For purposes of this subparagraph, the term specified employer means— (I) any government entity, and (II) any organization described in section 501(c) and exempt from tax under section 501(a). (iv) Coordination with subparagraph (a) This subparagraph shall not fail to apply with respect to services merely because such services are qualified services (as defined in section 457(e)(11)(C)). . (b) Effective date The amendments made by this section shall apply to months beginning after December 31, 2013.
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113-hr-4416
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I 113th CONGRESS 2d Session H. R. 4416 IN THE HOUSE OF REPRESENTATIVES April 7, 2014 Mrs. Kirkpatrick (for herself, Mr. Barber , Mr. Grijalva , Mr. Gosar , Mr. Salmon , Mr. Schweikert , Mr. Pastor of Arizona , Mr. Franks of Arizona , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To redesignate the facility of the United States Postal Service located at 161 Live Oak Street in Miami, Arizona, as the Staff Sergeant Manuel V. Mendoza Post Office Building .
1. Staff Sergeant Manuel V. Mendoza Post Office Building (a) Redesignation The facility of the United States Postal Service located at 161 Live Oak Street in Miami, Arizona, shall be known and designated as the Staff Sergeant Manuel V. Mendoza Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Staff Sergeant Manuel V. Mendoza Post Office Building .
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113-hr-4417
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I 113th CONGRESS 2d Session H. R. 4417 IN THE HOUSE OF REPRESENTATIVES April 7, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to conduct a special resources study to determine the suitability and feasibility of entering into public-private partnerships to operate federally owned golf courses in the District of Columbia, and for other purposes.
1. National park service study and report (a) Study Process and Completion The Secretary of the Interior, acting through the Director of the National Park Service, shall conduct a special resources study to determine the suitability and feasibility of entering into public-private partnerships with non-Federal entities to operate East Potomac Golf Course, Langston Golf Course, and Rock Creek Park Golf Course, located in the District of Columbia. The Secretary shall conduct the study in accordance with section 8(c) of Public Law 91–383 ( 16 U.S.C. 1a–5(c) ). (b) Considerations In conducting the study pursuant to subsection (a), the Secretary shall assume that— (1) one of the three golf courses will be a world-class, tournament-quality public course, with playing fees commensurate with such courses; (2) the other two golf courses shall be public courses of substantially similar quality to top-ranked courses owned by cities, towns, counties, and States; and (3) the playing fees for the two courses referred to in paragraph (2) shall remain the same as they are on the date of the enactment of this Act, but shall be indexed annually to the Consumer Price Index as determined by the Bureau of Labor Statistics. (c) Report Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing— (1) the results of the study, including a determination of which golf course would be best suitable as the world-class, tournament-quality public course referred to in subsection (b)(1); and (2) any recommendations of the Secretary.
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113-hr-4418
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I 113th CONGRESS 2d Session H. R. 4418 IN THE HOUSE OF REPRESENTATIVES April 7, 2014 Mr. Ryan of Wisconsin (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to increase access to Medicare data.
1. Short title This Act may be cited as the Expanding the Availability of Medicare Data Act . 2. Expanding availability of Medicare data (a) Expanding uses of Medicare data by qualified entities (1) Additional analyses (A) In general Subject to subparagraph (B), to the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may use the combined data described in paragraph (4)(B)(iii) of such section received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), to conduct additional non-public analyses (as determined appropriate by the Secretary) and provide or sell such analyses to authorized users for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (B) Limitations with respect to analyses (i) Employers Any analyses provided or sold under subparagraph (A) to an employer described in paragraph (9)(A)(iii) may only be used by such employer for purposes of providing health insurance to employees and retirees of the employer. (ii) Health insurance issuers A qualified entity may not provide or sell an analysis to a health insurance issuer described in paragraph (9)(A)(iv) unless the issuer is providing the qualified entity with data under section 1874(e)(4)(B)(iii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(B)(iii)). (2) Access to certain data (A) Access To the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) ) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may— (i) provide or sell the combined data described in paragraph (4)(B)(iii) of such section to authorized users described in clauses (i), (ii), and (v) of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B); or (ii) subject to subparagraph (C), provide Medicare claims data to authorized users described in clauses (i), (ii), and (v), of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B). (B) Purposes described The purposes described in this subparagraph are assisting providers of services and suppliers in developing and participating in quality and patient care improvement activities, including developing new models of care. (C) Medicare claims data must be provided at no cost A qualified entity may not charge a fee for providing the data under subparagraph (A)(ii). (3) Protection of information (A) In general Except as provided in subparagraph (B), an analysis or data that is provided or sold under paragraph (1) or (2) shall not contain information that individually identifies a patient. (B) Information on patients of the provider of services or supplier To the extent consistent with applicable information, privacy, security, and disclosure laws, an analysis or data that is provided or sold to a provider of services or supplier under paragraph (1) or (2) may contain information that individually identifies a patient of such provider or supplier, including with respect to items and services furnished to the patient by other providers of services or suppliers. (C) Prohibition on using analyses or data for marketing purposes An authorized user shall not use an analysis or data provided or sold under paragraph (1) or (2) for marketing purposes. (4) Data use agreement A qualified entity and an authorized user described in clauses (i), (ii), and (v) of paragraph (9)(A) shall enter into an agreement regarding the use of any data that the qualified entity is providing or selling to the authorized user under paragraph (2). Such agreement shall describe the requirements for privacy and security of the data and, as determined appropriate by the Secretary, any prohibitions on using such data to link to other individually identifiable sources of information. If the authorized user is not a covered entity under the rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, the agreement shall identify the relevant regulations, as determined by the Secretary, that the user shall comply with as if it were acting in the capacity of such a covered entity. (5) No redisclosure of analyses or data (A) In general Except as provided in subparagraph (B), an authorized user that is provided or sold an analysis or data under paragraph (1) or (2) shall not redisclose or make public such analysis or data or any analysis using such data. (B) Permitted redisclosure A provider of services or supplier that is provided or sold an analysis or data under paragraph (1) or (2) may, as determined by the Secretary, redisclose such analysis or data for the purposes of performance improvement and care coordination activities but shall not make public such analysis or data or any analysis using such data. (6) Opportunity for providers of services and suppliers to review Prior to a qualified entity providing or selling an analysis to an authorized user under paragraph (1), to the extent that such analysis would individually identify a provider of services or supplier who is not being provided or sold such analysis, such qualified entity shall provide such provider or supplier with the opportunity to appeal and correct errors in the manner described in section 1874(e)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)). (7) Assessment for a breach (A) In general In the case of a breach of a data use agreement under this section or section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) ), the Secretary shall impose an assessment on the qualified entity both in the case of— (i) an agreement between the Secretary and a qualified entity; and (ii) an agreement between a qualified entity and an authorized user. (B) Assessment The assessment under subparagraph (A) shall be an amount up to $100 for each individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title— (i) in the case of an agreement described in subparagraph (A)(i), for whom the Secretary provided data on to the qualified entity under paragraph (2); and (ii) in the case of an agreement described in subparagraph (A)(ii), for whom the qualified entity provided data on to the authorized user under paragraph (2). (C) Deposit of amounts collected Any amounts collected pursuant to this paragraph shall be deposited in Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act ( 42 U.S.C. 1395t ). (8) Annual reports Any qualified entity that provides or sells an analysis or data under paragraph (1) or (2) shall annually submit to the Secretary a report that includes— (A) a summary of the analyses provided or sold, including the number of such analyses, the number of purchasers of such analyses, and the total amount of fees received for such analyses; (B) a description of the topics and purposes of such analyses; (C) information on the entities who received the data under paragraph (2), the uses of the data, and the total amount of fees received for providing, selling, or sharing the data; and (D) other information determined appropriate by the Secretary. (9) Definitions In this subsection and subsection (b): (A) Authorized user The term authorized user means the following: (i) A provider of services. (ii) A supplier. (iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). (iv) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). (v) A medical society or hospital association. (vi) Any entity not described in clauses (i) through (v) that is approved by the Secretary (other than an employer or health insurance issuer not described in clauses (iii) and (iv), respectively, as determined by the Secretary). (B) Provider of services The term provider of services has the meaning given such term in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)). (C) Qualified entity The term qualified entity has the meaning given such term in section 1874(e)(2) of the Social Security Act (42 U.S.C. 1395kk(e)). (D) Secretary The term Secretary means the Secretary of Health and Human Services. (E) Supplier The term supplier has the meaning given such term in section 1861(d) of the Social Security Act (42 U.S.C. 1395x(d)). (b) Access to Medicare data by qualified clinical data registries To facilitate quality improvement (1) Access (A) In general To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning July 1, 2015, the Secretary shall, at the request of a qualified clinical data registry under section 1848(m)(3)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E) ), provide the data described in subparagraph (B) (in a form and manner determined to be appropriate) to such qualified clinical data registry for purposes of linking such data with clinical outcomes data and performing risk-adjusted, scientifically valid analyses and research to support quality improvement or patient safety, provided that any public reporting of such analyses or research that identifies a provider of services or supplier shall only be conducted with the opportunity of such provider or supplier to appeal and correct errors in the manner described in subsection (a)(6). (B) Data described The data described in this subparagraph is— (i) claims data under the Medicare program under title XVIII of the Social Security Act; and (ii) if the Secretary determines appropriate, claims data under the Medicaid program under title XIX of such Act and the State Children's Health Insurance Program under title XXI of such Act. (2) Fee Data described in paragraph (1)(B) shall be provided to a qualified clinical data registry under paragraph (1) at a fee equal to the cost of providing such data. Any fee collected pursuant to the preceding sentence shall be deposited in the Centers for Medicare & Medicaid Services Program Management Account. (c) Expansion of data available to qualified entities Section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) ) is amended— (1) in the subsection heading, by striking Medicare ; and (2) in paragraph (3)— (A) by inserting after the first sentence the following new sentence: Beginning July 1, 2015, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under titles XIX and XXI for assistance provided under such titles for one or more specified geographic areas and time periods requested by a qualified entity. ; and (B) in the last sentence, by inserting or under titles XIX or XXI before the period at the end. (d) Revision of placement of fees Section 1874(e)(4)(A) of the Social Security Act ( 42 U.S.C. 1395kk(e)(4)(A) ) is amended, in the second sentence— (1) by inserting , for periods prior to July 1, 2015, after deposited ; and (2) by inserting the following before the period at the end: , and, beginning July 1, 2015, into the Centers for Medicare & Medicaid Services Program Management Account .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4418ih/xml/BILLS-113hr4418ih.xml
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113-hr-4419
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I 113th CONGRESS 2d Session H. R. 4419 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Agriculture 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 Endangered Species Act of 1973 to require periodic review of listings of endangered species and threatened species under that Act, to support protection and conservation measures for endangered or threatened species under that Act and to alleviate the need to list a species as an endangered or threatened species, to convey small parcels of National Forest System land and Department of the Interior land to generate revenues for such protection and conservation measures, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Sage-Grouse and Endangered Species Conservation and Protection Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—Listing of Endangered Species and Threatened Species Sec. 101. Best scientific and commercial data available. Sec. 102. Consideration of petitions to list species. Sec. 103. Limitation on treatment of species as endangered or threatened in States where majority of lands are Federal. Title II—Species Protection and Conservation Measures Sec. 201. Definitions. Sec. 202. Protection and conservation measures to alleviate threats to endangered or threatened species and to prevent additional listings. Sec. 203. Federal/State Endangered Species Councils. Sec. 204. Funding requirements. Sec. 205. Categorical exclusion and other exceptions. Title III—Small Lands Tracts Conveyances To Support Species Protection and Conservation Measures Sec. 301. Purpose. Sec. 302. Definitions. Sec. 303. Selection of parcels for conveyance. Sec. 304. Conveyance process. Sec. 305. Consideration. Sec. 306. Distribution of proceeds. Sec. 307. Payment of costs of conveyance. Sec. 308. Time for conveyance. Sec. 309. Categorical exclusion. Sec. 310. Additional authority. Title IV—Reviews of Status of Listed Species Sec. 401. Periodic 5-year status reviews of listed species. Title V—Private Property and Fifth Amendment Takings Sec. 501. Designation of critical habitat deemed a taking for which compensation is required. Sec. 502. Relation to Payments in Lieu of Taxes (PILT) program. Title VI—Reporting Requirements Sec. 601. Annual report. 2. Findings Congress makes the following findings: (1) The West has experienced record fire activity over the past 15 years, in terms of size, frequency, and intensity. In 1999, nearly 1.7 million acres of the Great Basin burned in just a week. In 2006, ten million acres across the West burned. In 2007, more than nine million acres burned. (2) Much of this fire activity occurred outside of the forested areas in the dry sagebrush plains parched by years of drought and dominated by highly flammable, invasive cheatgrass. Often driven by fierce winds, these rangeland fires raced across the low-growing vegetation, burning hundreds of thousands of square miles before the fires could be contained. (3) Historically, sagebrush survived less intense wildfires that occurred infrequently, and the native grasses re-sprouted. But fire cycles have intensified and native plan communities cannot compete with cheatgrass, which spreads rapidly after a wildfire. (4) The United States Fish and Wildlife Service considers wildland fire one of the most serious threats to sage-grouse habitat, and the Bureau of Land Management states wildfires are a leading cause of sagebrush habitat loss. (5) In 2005, the United States Fish and Wildlife Service identified and charted the threats to the greater sage-grouse and their habitat in the West. According to its review, wildfire has a relative rank of 84 percent of the threat, and invasive species has a relative rank of 91 percent of the threat. (6) In 2012, 1.2 percent of the Greater Sage-Grouse’s preliminary general habitat and 2.7 percent of the species’ preliminary priority habitat was burned. Over 84 percent of sage-grouse habitat in Nevada is located on federally-managed land.” (7) The United States Fish and Wildlife has determined that overgrazing by wild horses and burros is a threat to sage-grouse habitat. (8) The Sage-Grouse National Technical Team report produced December 21, 2011, states that wild horses and burros have the potential to impact habitats used by sage-grouse by reducing grass, shrub, and forb cover and increasing unpalatable forbs and exotic plans including cheatgrass. Effects of wild equids on habitats may be especially pronounced during periods of drought or vegetation stress. Wild equids have different grazing patterns than domestic livestock, thus increasing the magnitude of grazing across the entire landscape. (9) On February 28, 2013, the Bureau of Land Management estimated there were 20,195 wild free-roaming horses and burros in Nevada. Nevada has more wild free-roaming horses than the States of Arizona, California, Colorado, Idaho, Montana, New Mexico, Oregon, Utah, and Wyoming combined. (10) The Bureau of Land Management has determined that the appropriate management level for wild horses and burros in Nevada for fiscal year 2013 was 12,789, but, because wild horses and burros have virtually no predators, their herd sizes can double approximately every four years. I Listing of Endangered Species and Threatened Species 101. Best scientific and commercial data available (a) Definition Section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ) is amended by inserting after paragraph (1) the following: (1a) The term best scientific and economic data available — (A) means such data as available at the time the data is used; and (B) includes an analysis of the costs and benefits of the matter under consideration. . (b) Public availability Section 13 of the Endangered Species Act of 1973 (relating to amendments to current law that have executed) is amended to read as follows: 13. Availability of best scientific and economic data In each case in which the Secretary is required by this Act to use the best scientific and economic data available, the Secretary shall make such data available to the public. . 102. Consideration of petitions to list species (a) Extension of time periods for consideration Section 4(b)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(3) ) is amended— (1) in subparagraph (A), by striking 90 days and inserting 5 years ; and (2) in subparagraph (B), by striking 12 months after receiving a petition that is found under subparagraph (A) to present and inserting 5 years after finding under subparagraph (A) that a petition presents . (b) Action after finding on petition Section 4(b) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b) ) is amended— (1) in paragraph (3)— (A) in subparagraph (B)(ii), by inserting (except as provided in paragraph (5)(F)) after promptly ; and (B) by adding at the end the following: (E) (i) If the Secretary finds under subparagraph (B)(i) that adding a species to a list published under subsection (c) is not warranted, the Secretary shall not consider any petition to add the species to either of the lists published under subsection (c) before the end of the 10-year period beginning on the date of the date of such finding. (ii) If the Secretary finds under subparagraph (B)(iii) that adding a species to a list published under subsection (c) is warranted, the Secretary shall make publicly available an analysis of the costs and benefits of listing the species. ; and (2) in paragraph (5)— (A) by adding and after the semicolon at the end of subparagraph (D), and by striking the period at the end of subparagraph (E) and inserting ; and ; and (B) by adding at the end the following: (F) in the case of a finding under paragraph (3)(B)(ii) that adding a species to a list published under subsection (c) is warranted, the Secretary— (i) shall make such finding, separately, with respect to each State in which the species is believed to occur, taking into consideration— (I) regional variation in habitat and ecosystems; and (II) that State’s conservation plan for the species; (ii) notwithstanding paragraph (3)(B)(ii)— (I) shall promptly publish such finding; and (II) shall promptly publish general notice and the complete text of the analysis of costs and benefits required by this Act for the action and of a proposed regulation to implement such action by not later than 10 years after publication of such finding; (iii) shall provide a period of 12 months for the submission of public comments on the findings of the proposed regulation and the analysis of costs and benefits required by this Act; (iv) shall promptly provide notice of the findings of the proposed regulation, of the identity of the person that submitted the petition, and of the period for the submission of public comments under clause (iii), to— (I) each person that owns land or water on which the species is believed to occur; and (II) the Governor and wildlife department of each State, the legislative body of each county, the chairperson of each Indian tribe with tribal lands, the mayors or city manager of each city, and the holder of each permit for the conduct of activity on Federal land, in or on which the species is believed to occur; and (v) if the proposed regulation is withdrawn, may not consider any petition to add the species to such a list before the end of the 10-year period beginning on the date of such withdrawal. . 103. Limitation on treatment of species as endangered or threatened in States where majority of lands are Federal Section 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b) ) is amended by adding at the end the following: (3) Notwithstanding any other provision of this Act, the Secretary may not add to a list under this subsection a population of a species in a State in which the majority of lands are managed by the Federal Government, unless the head of each Federal agency with administrative jurisdiction over any of such lands provides to the State— (A) detailed information regarding land management and conservation initiatives of the agency in the State to protect the habitat and the critical habitat of the species, including— (i) the amounts that have been expended, are planned to be expended, and are available for expenditure for each such initiative; (ii) the location and a summary of each such initiative; and (iii) information regarding such initiatives to address the threats to such species, including threats from wildfire, invasive species encroachment, and other predator species; (B) a copy of the agency’s appropriations request and justification of appropriations request for each of the preceding 5 fiscal years, specifically as it relates to efforts to address threats to such species; (C) a proposed plan for conservation of habitat of such species, with a clearly stated goals, that— (i) includes adequate regulatory mechanisms, and identifies sufficient resources, to accomplish habitat conservation; (ii) a robust monitoring strategy to ensure the proposed plan is successfully conserving the species and its habitat; (iii) incorporates a strong adaptive management component to deal with uncertainties and unforeseen circumstances that may require action; (iv) clearly articulates how the Federal conservation planning efforts mesh with the State’s conservation actions and best directs such efforts; and (v) describes in detail on how threats to the species from other species will be reduced; and (D) detailed information regarding— (i) how previous action of the Federal Government is reducing such threats from other species in habitat and critical habitat areas, including threats from predators, feral horses, burros, and ravens; and (ii) the removal of such other species from habitat and critical habitat areas and herd management areas. . II Species Protection and Conservation Measures 201. Definitions In this title: (1) Council The term Council means the Federal/State Endangered Species Council established for a State. (2) National forest system land The term National Forest System lands refers to the federally owned lands within the National Forest System, as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (3) Public land The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ). (4) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to public lands. (5) Threat The term threat means those threats to an endangered or threatened species or a species being considered for listing as an endangered or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) arising from wildfire, inadequate post-fire restoration, displacement of habitat by invasive plant species, other habitat encroachments, over-grazing by wild horses and burros, and predation (including by predators protected by the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. )). 202. Protection and conservation measures to alleviate threats to endangered or threatened species and to prevent additional listings (a) Efforts on public lands and National Forest System lands The Secretary concerned shall conduct management activities, conservation programs, and pilot projects for public lands and National Forest System lands to address threats to— (1) the habitat and viability of endangered or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (2) the habitat and viability of other species to alleviate the need to list a species as an endangered or threatened species under the Endangered Species Act of 1973. (b) Efforts on Other lands The Secretary concerned may also support efforts by another Federal agency, a State, a political subdivision of a State, an Indian tribe, or a private entity to address threats to an endangered or threatened species or to protect and conserve another species to alleviate the need to list a species as an endangered or threatened species. (c) Authorized activities Authorized management activities, conservation programs, and pilot projects conducted under this section may involve any of the following: (1) Fire suppression, pre-treatment, fuels management, and fuel breaks. (2) Invasive species control and response to encroachment of endangered or threatened species or species considered for listing by other native species, including experimental biochemical controls for invasive species. (3) Habitat restoration. (4) Wild horses and burros fertility control, adoption, and other non-slaughter management. (5) Predator control. (6) Rapid eco-regional assessment. (7) Controlled burns. (8) Re-seeding and native seed purchasing and storage. (9) Green stripping. (10) Targeted grazing to reduce fuels and invasive species, including targeted grazing of invasive species and fuels in additional months and increasing the issuance of grazing permits for targeted grazing. 203. Federal/State Endangered Species Councils (a) Councils required The Secretary of Agriculture and the Secretary of the Interior shall carry out this title in a State in consultation with a Federal/State Endangered Species Council consisting of representatives of the Secretaries concerned and the Governor of the State and representatives of affected political subdivisions of the State. (b) Council role The Council for a State shall assist the Secretary concerned to prioritize habitat conservation efforts, determine habitat land designations, and select management activities, conservation programs, and pilot projects under this title. 204. Funding requirements (a) Priority for on-the-Ground efforts Of the funds made available to carry out this title for a fiscal year, including funds made available to Councils under section 306, at least 75 percent shall be used for management activities, conservation programs, and pilot projects under this title. (b) Administrative costs Not more than 25 percent of the funds made available to carry out this title for a fiscal year may be used for planning and administrative purposes. (c) Acceptance of in-Kind contributions The Secretary concerned may accept contributions in money, services, materials, or otherwise, to support efforts under this title. 205. Categorical exclusion and other exceptions A management activity, conservation program, or pilot project to be conducted on a parcel of public lands or National Forest System lands consisting of 10,000 acres or less and directly related to threats to an endangered or threatened species or to another species considered for listing as an endangered or threatened species shall be— (1) categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations; and (2) exempt from the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ) and any other requirement relating to the survey, identification, or disruption of archeological or cultural resources on public lands or National Forest System lands. III Small Lands Tracts Conveyances To Support Species Protection and Conservation Measures 301. Purpose It is the purpose of this title to require the sale of small parcels of National Forest System land and small parcels of public lands and other lands administered by the Secretary of the Interior to generate revenues to fund the species protection and conservation measures authorized by title II. 302. Definitions In this title: (1) Adjacent landholder The term adjacent landholder means any holder of non-Federal land (including a holder that is a State, county, or local government or any agency thereof, or an Indian tribe) that shares one or more boundaries with an eligible Federal lands parcel and who makes a request to purchase an eligible Federal lands parcel. (2) Eligible Federal lands parcel Subject to the exclusions specified in section 303(c), the term eligible Federal lands parcel means a parcel of Federal lands that— (A) shares one or more boundaries with non-Federal land; (B) is located within the boundaries of an incorporated or unincorporated area with a population of at least 500 residents; and (C) is not subject to existing rights held by a non-Federal entity. (3) Exceptional resource The term exceptional resource means a resource of scientific, historic, cultural, or recreational value on a parcel of Federal lands that would otherwise satisfy the definition of eligible Federal lands parcel, but that the Secretary concerned determines, on the record and after an opportunity for a hearing— (A) is documented by a Federal, State, or local governmental authority; and (B) requires extraordinary conservation and protection to maintain the resource for the benefit of the public. (4) Federal lands The term Federal lands means— (A) National Forest System land; and (B) public lands and other lands administered by the Secretary of the Interior through the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service. (5) Indian tribe The term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ). (6) National forest system land The term National Forest System land means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ), including the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 ( 7 U.S.C. 1010–1012 ). (7) Public lands The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ). (8) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public lands and other lands administered by the Secretary of the Interior through the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service. 303. Selection of parcels for conveyance (a) Selection methods (1) Two selection methods The Secretary concerned shall select an eligible Federal lands parcel for conveyance under this section— (A) in response to a request submitted by an adjacent landholder or other prospective purchaser; or (B) upon the recommendation of the official of the Federal agency exercising immediate administration over the parcel. (2) Public requests (A) Process required The Secretary concerned shall create a process by which an adjacent landholder or other prospective purchaser may request the selection of a Federal lands parcel for conveyance under this title. (B) Guidelines To the maximum extent practicable, the process shall be consistent with other public purchase request processes used by the Secretary concerned to convey Federal land under their respective statutory and regulatory authority. (3) Public accessibility The selection process shall be open to the public and available on the internet. (4) Review of selection request When a prospective buyer or an official referred to in paragraph (1)(B) submits a request or recommendation for the selection of a Federal lands parcel for conveyance under this title, the Secretary concerned shall review the parcel and determine, within 30 days after receipt of the request, whether the parcel in fact satisfies the definition of eligible Federal lands parcel for conveyance under this title. (5) Effect of rejection of selection request If the Secretary concerned determines that all or a portion of a Federal lands parcel covered by a request or recommendation under paragraph (1) fails to satisfy the definition of eligible Federal lands parcel, the Secretary concerned shall provide— (A) a written explanation of the reasons for the rejection, which specifies— (i) which of the elements of the definition of eligible Federal lands parcel the parcel fails to satisfy and how and why the parcel fails to satisfy that element; (ii) how the continued administration of the parcel by the Secretary concerned would impact the parcel and surrounding economy; and (iii) why the Federal Government needs to maintain ownership of the parcel and would be the best land ownership steward of the parcel; and (B) an opportunity to appeal the determination. (6) Deadline The selection process shall be available to the public within 90 days of the date of the enactment of this Act. (b) Parcel and acreage limitations (1) Acreage An eligible Federal lands parcel conveyed under this section may not exceed 160 acres unless a request for additional acreage is specifically approved by the Secretary concerned. (2) Number of parcels A purchaser may only acquire one eligible Federal lands parcel under this section per year, except that, if the parcel is less than 160 acres in size, the purchaser may acquire additional eligible Federal lands parcels during that year so long as the total acreage acquired does not exceed 160 acres, unless a request for additional acreage was approved by the Secretary concerned under paragraph (1). (c) Exclusion of certain Federal lands The following Federal lands may not be conveyed under the authority of this title: (1) Federal lands containing an exceptional resource. (2) Federal lands that are habitat for an endangered species or a threatened species determined under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ). (3) A national monument. (4) An area of critical environmental concern. (5) A national conservation area. (6) A national riparian conservation area. (7) A national recreation area. (8) A national scenic area. (9) A research natural area. (10) A national outstanding natural area. (11) A national natural landmark. (12) A wilderness area. (13) A wilderness study area. (14) A unit of the national wild and scenic rivers system. (15) A unit of the national system of trails. (16) Land held in trust by the United States for the benefit of any Indian tribe. 304. Conveyance process (a) Public notice The Secretary concerned shall provide public notice of the availability of an eligible Federal lands parcel. The notice shall state that the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (b) Effect of multiple offers If multiple prospective buyers request to purchase an eligible public lands parcel, the sale of the eligible public lands parcel under this title shall be conducted using competitive bidding procedures established under section 203(f) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713(f) ). (c) Rejection of offers The Secretary concerned may reject any offer made under this section that does not offer the minimum consideration required by section 305. A prospective purchaser shall be given an opportunity to appeal the rejection. (d) Compliance with local planning and zoning As a condition of the conveyance of an eligible public lands parcel under this title, the Secretary concerned shall require the purchaser of the parcel to agree to comply with all local land use ordinances and any master zoning plan applicable to the parcel or the adjacent non-Federal land. (e) Form of conveyance When an eligible Federal lands parcel is to be sold under this title, the Secretary concerned shall convey, by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to the parcel. 305. Consideration (a) Fair market value As consideration for the sale of an eligible Federal lands parcel under this title, the Secretary concerned shall require a cash payment in an amount that is equal to not less than the fair market value of the parcel, including the mineral estate. (b) Appraisal The fair market value of an eligible Federal lands parcel shall be established by an appraisal submitted by the prospective purchaser, unless the Secretary concerned rejects such appraisal within 45 days after submission. In the case of the rejection of the appraisal, the Secretary concerned shall cause another appraisal to be conducted, within 30 days, in accordance with the regulations regarding appraisals issued under section 206(f) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(f) ). 306. Distribution of proceeds (a) Establishment of fund The Secretary of the Treasury shall establish in the Treasury of the United States a special fund to provide for the collection and distribution of consideration received under section 305. (b) Collection Funds collected from the conveyance of an eligible Federal lands parcel under this section shall be deposited into the Treasury fund created under subsection (a). (c) Distribution Funds deposited into the Treasury fund created under subsection (a) shall be distributed annually only to those States in which the Federal government owns more than 33 percent of the land area. The amount each of such States receives shall be determined in accordance with the distribution formula provided in subsection (d). (d) Calculation of distribution From amounts deposited into the Treasury fund created under subsection (a)— (1) 75 percent of the amount collected from a conveyance shall be distributed to the Federal/State Endangered Species Council of the State in which the conveyance took place; and (2) the remaining 25 percent shall be distributed equally between the remaining States identified under subsection (c). (e) Use of funds As a condition of receipt of funds under this section, a State receiving such funds shall agree to use the funds only for authorized management efforts, conservation programs, and pilot projects under title II, including the following: (1) Fire suppression. (2) Pre-treatment and fuels management. (3) Invasive species control. (4) Habitat restoration. (5) Wild horses and burros fertility control, adoption, and other non-slaughter management. (6) Predator control. (f) Compliance requirements An authorized management effort, conservation program, or pilot project carried out using funds received under this section must comply with any Federal requirement applicable under— (1) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (2) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (3) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 307. Payment of costs of conveyance (a) Payment of costs required The Secretary concerned shall require the purchaser of an eligible Federal lands parcel under this title to cover the costs to be incurred, or to reimburse the Secretary concerned for costs incurred, to carry out the conveyance, including survey and appraisal costs, costs for environmental documentation, and any other administrative costs related to the conveyance. (b) Refund of excess If amounts are collected from the purchaser in advance, and the amount collected exceeds the costs actually incurred to carry out the conveyance, the Secretary concerned shall refund the excess amount to the purchaser. (c) Treatment of amounts received Amounts received as reimbursement under this section shall be credited to the fund or account that was used to cover those costs in carrying out the conveyance. 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. 308. Time for conveyance It is the intent of the Congress that the conveyance of an eligible Federal lands parcel under this section, from selection of the parcel for conveyance through completion of the sale, should take no more than 18 months. 309. Categorical exclusion Because the scope of a conveyance authorized by this title is limited and exceptional resources and certain other Federal lands are excluded from conveyance by section 303(c), a conveyance of an eligible Federal lands parcel under this title is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) 310. Additional authority The conveyance authority provided by this title is in addition to the sale authority provided by section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) or any other provision of law. IV Reviews of Status of Listed Species 401. Periodic 5-year status reviews of listed species (a) Review requirement Section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) is amended— (1) in subsection (c)— (A) by striking (1) ; and (B) by striking paragraph (2); (2) by adding at the end the following: (d) Periodic 5-Year status reviews of listed species (1) Review requirement The Secretary shall— (A) at least once before the end of the 5-year period beginning on the date a species is added to a list published under subsection (c), and of each 5-year period thereafter, conduct a review to determine whether the status of the species has changed and should be removed from a list under subsection (c); and (B) publish in the Federal Register notice of each such review. (2) Data to be used In each review of a species under this subsection, the Secretary shall use the best scientific and economic data available. (3) Notice of determination that listing is warranted (A) Requirement to provide notice If the Secretary determines under paragraph (1)(B)(ii) that a species is warranted to be listed, the Secretary shall promptly provide to each person described in subparagraph (B), in writing and by not later than the end of the 60-day period beginning on the date of the determination— (i) the findings of the review, including the method used for determining current population levels of the species and the number of acres of habitat and critical habitat of the species; (ii) a list of all identified threats to the species and a description of the regulatory mechanisms and on-the-ground projects the Federal government is carrying out to address such identified threats in the State in which the person is located; and (iii) a draft plan establishing clear goals for conservation of habitat of the species. (B) Persons to be notified The persons referred to in subparagraph (A) are the following: (i) The Governor of each State in which habitat of the species is located. (ii) Each member of the legislative body of each country in which habitat of the species is located. (iii) The tribal chairperson of each Indian tribe having lands or waters that are habitat of the species. (iv) The chief executive of each city and town having lands or waters that are habitat of the species. (v) Each owner of lands or waters that are habitat of the species. (vi) Each holder of a permit authorizing use of Federal lands or waters that are habitat of the species. (C) Hearing requirement If the Secretary fails to provide notice in accordance with subparagraph (B) to a person in a State, the Secretary, in coordination with the Governor of the State, shall hold a hearing in such State to inform the public of such determination, by not later than 6 months after the end of such period. . V Private Property and Fifth Amendment Takings 501. Designation of critical habitat deemed a taking for which compensation is required (a) Designation deemed taking Any designation of critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1351 et seq.) that involves/imposes? restrictions on uses of land is deemed to be a regulatory taking of property for which fair-value compensation is required to be paid under the fifth Article of amendment to the Constitution to— (1) the owner of any private property affected by the designation; (2) any States having State lands affected by the designation; (3) to holder of any permit for any activity on Federal lands that is affected by the designation; and (4) the county in which are located any Federal lands that are affected by such designation. (b) Manner of payment Any compensation required under this section for a designation of critical habitat shall be paid in annual amounts until the designation is no longer effective. 502. Relation to Payments in Lieu of Taxes (PILT) program The operation of section 501 does not affect the current formula or payments under chapter 69 of title 31, United States Code (commonly known as the Payments in Lieu of Taxes (PILT) program). VI Reporting Requirements 601. Annual report The Secretary of Agriculture and the Secretary of the Interior shall submit to Congress an annual report describing— (1) the species protection and conservation measures being conducted in each State under title II; (2) the acres of habitat fragmentation on Federal lands for threatened species or endangered species or species proposed for listing under the Endangered Species Act of 1973 as threatened species or endangered species due to wildfire, invasive species, and wild horses and burros; (3) the list of species in each State for which such listing is warranted, and their analysis of costs and benefits of such listing; (4) the costs of such measures, and the percentage of the costs covered by funds distributed under section 306; and (5) the acreage sold and the revenues generated from the sale of lands in each State under title III.
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113-hr-4420
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I 113th CONGRESS 2d Session H. R. 4420 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Mr. Daines introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to use designated funding to pay for construction of authorized rural water projects, and for other purposes.
1. Short title This Act may be cited as the Authorized Rural Water Projects Completion Act . 2. Definitions In this Act: (1) Fund The term Fund means the Reclamation Rural Water Construction Fund established by section 3(a). (2) Secretary The term Secretary means the Secretary of the Interior. 3. Reclamation rural water construction fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the Reclamation Rural Water Construction Fund , consisting of— (1) such amounts as are deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund under subsection (d). (b) Deposits to fund (1) In general For each of fiscal years 2014 through 2030, the Secretary of the Treasury shall deposit in the Fund $80,000,000 of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). (2) Availability of amounts Amounts deposited in the Fund under paragraph (1) shall— (A) be available in accordance with this section, without further appropriation; and (B) be in addition to amounts appropriated for such purposes under any other provision of law. (3) Limitation Notwithstanding paragraphs (1) and (2), no amounts may be deposited in, or made available from, the Fund under those paragraphs if the transfer or availability of the amounts would increase the deficit. (c) Expenditures from fund (1) In general (A) Expenditures Subject to subparagraph (B), for each of fiscal years 2014 through 2035, the Secretary may expend from the Fund not more than the sum of— (i) $80,000,000; and (ii) the amount of interest accrued in the Fund for the fiscal year in which the expenditures are made. (B) Additional expenditures Notwithstanding subparagraph (A), the Secretary may expend more than $80,000,000 for any fiscal year listed in subparagraph (A) if such amounts are available in the Fund due to expenditures not reaching $80,000,000 in 1 or more prior fiscal years. (2) Use (A) In general Subject to subparagraph (B), the Secretary may use amounts from the Fund to complete construction of rural water projects— (i) authorized to be carried out by the Secretary on or before the date of enactment of this Act; or (ii) for which— (I) pursuant to section 106(e) of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2405(e) ), a feasibility study has been submitted to the Secretary by September 30, 2012; and (II) an Act of Congress after the date of enactment of this Act has authorized the construction of the project. (B) Limitation The Secretary may not use amounts from the Fund to pay for any operation and maintenance costs of an authorized rural water project. (3) Conditions The Secretary shall not expend any amounts from the Fund until the date on which the Secretary develops— (A) programmatic goals to carry out this section that— (i) would enable the completion of construction of the authorized rural water projects as expeditiously as possible; and (ii) reflect— (I) the goals and priorities identified in the laws authorizing the authorized rural water projects; and (II) the goals of the Reclamation Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq. ); and (B) funding prioritization criteria to serve as a formula for distributing funds under this section that take into account— (i) an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities; (ii) the status of the current stages of completion of the authorized rural water project; (iii) the financial needs of the affected rural and tribal communities; (iv) the potential economic benefits of the expenditures on job creation and general economic development in the affected rural and tribal communities; (v) the ability of the authorized rural water project to address regional and watershed level water supply needs; (vi) the ability of the authorized rural water project— (I) to minimize water and energy consumption; and (II) to encourage the development of renewable energy resources, such as wind, solar, and hydropower elements; (vii) the need for the authorized rural water project to address— (I) the needs of Indian tribes and members of Indian tribes; and (II) other community needs or interests; and (viii) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds. (d) Investments of amounts (1) In general The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (2) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. (e) Transfers of amounts (1) In general The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (f) Termination On September 30, 2035— (1) the Fund shall terminate; and (2) the unexpended and unobligated balance of the Fund shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
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113-hr-4421
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I 113th CONGRESS 2d Session H. R. 4421 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Mr. Dingell introduced the following bill; which was referred to the Committee on Natural Resources A BILL To extend the authorization for the Automobile National Heritage Area in Michigan.
1. Automobile National Heritage Area Authorization extended (a) Short title This Act may be cited as the MotorCities National Heritage Area Extension Act . (b) Authorization Section 109 of the Automobile National Heritage Area Act ( 16 U.S.C. 461 note; Public Law 105–355 ) is amended by striking September 30, 2014 and inserting September 30, 2030 .
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113-hr-4422
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I 113th CONGRESS 2d Session H. R. 4422 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To authorize the President to establish the Veterans’ Job Corps as a means of providing gainful employment to unemployed veterans and widows of veterans through the performance of useful public works, and for other purposes.
1. Short title This Act may be cited as the Veterans’ Job Corps Act . 2. Establishment and operation of Veterans' Job Corps (a) Establishment and purpose In order to provide employment opportunities to veterans and widows and to provide for the restoration of depleted natural resources in the United States and the advancement of an orderly program of useful public works, the President may establish and operate a Veterans' Job Corps to employ veterans and widows who are otherwise unemployed, in the construction, maintenance, and carrying on of works of a public nature in connection with— (1) the forestation of lands belonging to the United States or a State; (2) the prevention of forest fires, floods, and soil erosion; (3) public safety; (4) plant pest and disease control; (5) the construction, maintenance, or repair of paths, trails, and fire-lanes in units of the National Park System, public lands, and other lands under the jurisdiction of the Secretary of the Interior and units of the National Forest System; and (6) such other work on Federal or State land incidental to or necessary in connection with any projects of the character enumerated in paragraphs (1) through (5) that the President determines to be desirable. (b) Role of Federal agencies To operate the Veterans' Job Corps, the President may use existing Federal departments and agencies, including the Department of the Interior, the Department of Agriculture, and the Department of Veterans Affairs. (c) Inclusion of other lands The President may extend the activities of the Veterans' Job Corps to lands owned by a political subdivision of a State and lands in private ownership for the purpose of conducting such kinds of cooperation work authorized by law in preventing and controlling forest fires and the attacks of forest tree pests and diseases and such work as is necessary and in the public interest to control floods. (d) Contract authority The President may enter into such contracts or agreements that may be necessary to carry out this Act. (e) Acquisition of real property The President, or the head of any department or agency authorized by the President to construct any project or to carry on any public works under this Act, may acquire real property for such project or public work by purchase, donation, or otherwise. 3. Administration of Veterans' Job Corps (a) Employment preference The President shall employ individuals in the Veterans' Job Corps in the following order of preference: (1) Unemployed veterans. (2) Widows who, immediately before employment in the Veterans' Job Corps, are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws. (b) Housing and care of employees The President may provide housing for individuals employed in the Veterans' Job Corps and furnish them with such subsistence, clothing, medical attendance and hospitalization, and cash allowance, as may be necessary, during the period they are so employed. (c) Transportation The President may provide for the transportation of individuals employed in the Veterans' Job Corps to and from the places of employment. (d) Exclusion The following individuals may not be employed under the provisions of this Act: (1) An individual convicted of a felony. (2) A veteran who was discharged from the Armed Forces under dishonorable conditions. 4. Use of funds (a) Use of unobligated funds appropriated for public works (1) Use of existing funds In addition to any amounts appropriated to carry out this Act, the President may use any moneys previously appropriated for public works and unobligated as of the date of the enactment of this Act to establish and operate a Veterans' Job Corps under this Act. (2) Use to relieve unemployment Not less than 75 percent of the funds used pursuant to paragraph (1) shall be used to provide for the employment of individuals under this Act. (b) Duration of availability Amounts appropriated to carry out this Act or made available under subsection (b) shall remain available until expended. 5. Definitions In this Act: (1) The term veteran has the meaning given that term in section 101(2) of title 38, United States Code. (2) The term widow — (A) means the spouse of a veteran who has not remarried after the death of such veteran; and (B) includes widowers. 6. Termination The authority of the President to establish and operate a Veterans' Job Corps under this Act expires on September 30, 2024.
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113-hr-4423
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I 113th CONGRESS 2d Session H. R. 4423 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Mr. Griffith of Virginia 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 provide for no net increase in the total acreage of certain Federal land under the jurisdiction of the Bureau of Land Management, the National Park Service, the United States Fish and Wildlife Service, or the Forest Service, and for other purposes.
1. Short title This Act may be cited as the Acre in, Acre Out Act . 2. No net increase in certain Federal lands (a) In general For acquisition of land by the Secretary of the Interior or the Secretary of Agriculture that would result in a net increase of total land acreage under the jurisdiction of the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, or the Forest Service, the Secretary concerned shall offer for sale an equal number of acres of Federal land that is under the same jurisdictional status. (b) Exemptions Subsection (a) shall not apply to easements acquired— (1) by the Secretary of the Interior to facilitate management of Federal lands; or (2) by the Secretary of Agriculture to facilitate management of Federal lands. (c) Consideration (1) In general Land sold pursuant to subsection (a) shall be offered for sale— (A) at fair market value (based on local comparable sales); and (B) at a price that is reduced by 10 percent each month if the land is not sold or under contract to be sold by the date that is 6 months after the land was first offered for sale. (2) Exception Time periods during which land is under contract for sale or withdrawn from the market shall not be counted for the purposes of price reduction under paragraph (1)(B). (d) Existing rights The sale of Federal lands pursuant to this section shall be subject to valid existing rights. (e) Proceeds of sale of lands All net proceeds from the sale of Federal lands pursuant to this section shall be deposited directly into the Treasury for reduction of the public debt.
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113-hr-4424
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I 113th CONGRESS 2d Session H. R. 4424 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Secretary of Homeland Security to develop a database that shall serve as a central location for information from investigations relating to human trafficking for Federal, State, and local law enforcement agencies.
1. Short title This Act may be cited as the Coordinated Assistance To Catch Human Traffickers Act of 2014 or the CATCH Traffickers Act of 2014 . 2. Findings Congress finds the following: (1) The scourge of human trafficking persists and manifests itself in the modern era, whether termed modern-day slavery, forced labor, involuntary domestic servitude, sex trafficking, child sex trafficking, bonded labor, forced child labor, or debt bondage among migrant laborers. (2) According to the 2013 Trafficking in Persons (TIP) Report of the United States Department of State, each year an estimated 14,500 to 17,500 foreign nationals are trafficked into the United States, with the largest number of people trafficked into the United States coming from East Asia and the Pacific, and the next highest numbers coming from Latin America, Europe, and Eurasia. (3) The majority of victims of modern-day slavery are women and children because traffickers prey on those who suffer most from gender discrimination, family violence, and a lack of access to education and economic opportunity. (4) Human trafficking is one of the fastest growing criminal enterprises in the 21st century, generating profits for traffickers in excess of $30,000,000,000, according to the International Labor Organization, ranking with drug smuggling and arms dealing in organized crime activities. (5) There remains a stark disparity between the large global problem of trafficking in persons and the low numbers of prosecutions and convictions of forced labor trafficking crimes, which accounted for less than 3 percent of all convictions worldwide as recently as 2009. 3. National database for human trafficking investigations (a) Establishment The Secretary of Homeland Security (referred to in this Act as the Secretary ) shall establish and maintain a database that shall serve as a central location for information from investigations relating to human trafficking for Federal, State, and local law enforcement agencies. (b) Contribution of information (1) In general The head of a Federal, State, or local law enforcement agency conducting an investigation related to human trafficking shall ensure that such information relating to that investigation as the Secretary determines appropriate is entered into the database established pursuant to subsection (a). (2) State and local incentive In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), the law enforcement agency of which does not substantially comply with the requirement under paragraph (1), the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program by 20 percent. (c) Access to database Federal, State, and local law enforcement agencies may only access the database established pursuant to subsection (a) in connection with an investigation related to human trafficking. (d) Authorization of appropriations There is authorized to be appropriated $20,000,000 for fiscal year 2015 to carry out this Act.
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113-hr-4425
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I 113th CONGRESS 2d Session H. R. 4425 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Mr. Kennedy (for himself, Mr. Kinzinger of Illinois , Mr. Rodney Davis of Illinois , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Carl D. Perkins Career and Technical Education Act of 2006 to improve the Act.
1. Short title This Act may be cited as the Perkins Modernization Act of 2014 . 2. Purposes Section 2 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 ) is amended— (1) in paragraph (1), by striking high skill, high wage, or high demand occupations in current or emerging professions and inserting employment in current or emerging in-demand industry sectors or occupations ; (2) by striking and at the end of paragraph (6); and (3) by adding at the end the following: (8) Aligning the skills, certifications, and credentials of secondary and postsecondary students who enroll in career and technical education programs with the skills, certifications, and credentials needed by employers in the labor markets served by the educational institutions. (9) Ensuring that the selection of skills, certifications, and credentials acquired by career and technical education students is guided by timely labor market information. . 3. Definitions Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ) is amended by adding at the end the following: (35) In-demand industry sector or occupation (A) In general The term in-demand industry sector or occupation means an industry sector or occupation that— (i) has or is projected to have a substantial role or a positive economic impact in the economy of the area served by an eligible institution; (ii) provides workers with jobs that lead to economic self-sufficiency and opportunities for advancement; and (iii) is documented in labor market information collected by State agencies, Federal agencies, workforce investment boards, or other third-party organizations engaged in labor market research. (B) Determination The determination of whether an industry sector or occupation is an in-demand industry sector or occupation under this paragraph shall be made using State, local, regional, or national labor market information collected by State agencies, Federal agencies, local entities, workforce investment boards, or other third-party organizations engaged in labor market research. Industry sectors and occupations may be identified as in-demand on a current or an emerging basis, as labor market information may describe current workforce demographics and may also identify projected labor market trends. . 4. Accountability Section 113(b)(2)(B)(iv) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)(2)(B)(iv)) is amended by striking high skill, high wage, or high demand occupations in current or emerging professions and inserting employment in in-demand industry sectors or occupations . 5. National activities Section 114(d) of the of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324(d)) is amended— (1) in paragraph (2)(B)(iii)(II)— (A) by striking high skill, high wage occupations (including those in which mathematics and science skills are critical) ; and (B) by inserting in-demand industry sectors or occupations after employment in ; and (2) in paragraph (4)(A)(i)(V)— (A) by striking high skill, high wage, or high demand business and industry ; and (B) by inserting in-demand industry sectors or occupations after occupations in . 6. Occupational and employment information Section 118(c) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2328 ) is amended in paragraphs (1), (3), and (4) by striking high skill, high wage, or high demand occupations and non-traditional fields each place it appears and inserting employment in in-demand industry sectors or occupations . 7. State plan Section 122(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(ii), by inserting and careers in in-demand industry sectors or occupations after in postsecondary education ; (B) in subparagraph (H)— (i) by striking entry into high skill, high wage, or high demand occupations in current or emerging occupations ; and (ii) by inserting for employment in in-demand industry sectors or occupations after or ; and (C) in subparagraph (I)(iii)— (i) by striking high skill, high wage, or high demand occupations ; and (ii) by inserting in-demand industry sectors or occupations after in ; (2) in paragraph (4), by inserting or into employment in an in-demand industry sector or occupation after institutions of higher education ; (3) in paragraph (9)(C)— (A) by striking high skill, high wage, or high demand occupations ; and (B) by inserting employment in an in-demand industry sector or occupation after further learning and for ; and (4) in paragraph (18)— (A) by striking high skill, high wage, or high demand occupations and non-traditional fields ; and (B) by inserting employment in in-demand industry sectors or occupations after for . 8. State leadership activities Section 124 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2344 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking high skill, high wage, or high demand occupations ; and (ii) by inserting employment in in-demand industry sectors or occupations after for ; (B) in paragraph (2)(C), by inserting , equipment, after internships ; (C) in paragraph (5)— (i) by striking high skill, high wage occupations ; and (ii) by inserting employment opportunities in in-demand industry sectors or occupations after to ; (D) in paragraph (8)— (i) by striking high skill, high wage, or high demand ; and (ii) by inserting employment in in-demand industry sectors or after to ; and (E) by inserting after paragraph (9) the following: (10) Analyzing labor market information collected by State agencies, Federal agencies, workforce investment boards, or other third-party organizations engaged in labor market research in order to ensure that programs of study in career and technical education align with labor market needs. ; and (2) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting , and encouraging secondary students to pursue dual enrollment coursework as well as industry licenses, certificates, and other post-secondary credentials after degree ; and (ii) in subparagraph (B)— (I) by striking high skill, high wage occupations and non-traditional fields ; and (II) by inserting employment opportunities in in-demand industry sectors or occupations and supporting students in the pursuit of internships and opportunities for experiential learning after to ; and (B) in paragraph (9)— (i) by striking high skill, high wage, or high demand occupations ; and (ii) by inserting employment opportunities in in-demand industry sectors or occupations after for . 9. Local plan for career and technical education Section 134(b)(8)(C) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2354(b)(8)(C)) is amended by striking high skill, high wage, or high demand and inserting employment opportunities in in-demand industry sectors or . 10. Local uses of funds Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2355 ) is amended— (1) in subsection (b)(9)— (A) by striking high skill, high wage, or high demand ; and (B) by inserting employment opportunities in in-demand industry sectors or after for ; and (2) in subsection (c)(12)— (A) by striking high skill, high wage, or high demand ; and (B) by inserting employment opportunities in in-demand industry sectors or after technically for .
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113-hr-4426
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I 113th CONGRESS 2d Session H. R. 4426 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Ms. Lofgren (for herself, Ms. Matsui , Mr. Honda , Ms. Pingree of Maine , Mr. Clay , Ms. Norton , Ms. Chu , Mr. Israel , Mr. Cartwright , Ms. Clark of Massachusetts , Mr. Quigley , Mr. Holt , Ms. Tsongas , Ms. Shea-Porter , Mr. Cárdenas , Mrs. Capps , Mr. George Miller of California , and Mr. Schiff ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote the domestic development and deployment of clean energy technologies required for the 21st century.
1. Short title; table of contents (a) Short title This Act may be cited as the Clean Energy Victory Bond Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—Clean Energy Victory Bonds Sec. 101. Clean Energy Victory Bonds. Title II—Revenue provisions Sec. 201. Extension and modification of energy investment tax credit. Sec. 202. Extension of residential energy efficient property credit. Sec. 203. Extension and modification of credit for electricity produced from certain renewable resources. Sec. 204. Extension of credit for nonbusiness energy property. Sec. 205. Performance based home energy improvements. Sec. 206. Extension of new energy efficient home credit. Sec. 207. Extension and modification of energy efficient commercial buildings deduction. Sec. 208. Plug-in electric vehicle grants in lieu of tax credits. 2. Findings Congress finds the following: (1) There is enormous potential for increasing renewable energy production and energy efficiency installation in the United States. (2) A major barrier to rapid expansion of renewable energy and energy efficiency is upfront capital costs. Government tax incentives and other assistance programs have proven beneficial in encouraging private sector development, manufacturing and installation of renewable energy and energy efficiency projects nationwide. However, these government incentives are not currently meeting demand from the private sector, and we are not taking full advantage of the potential for clean energy and transportation, as well as energy efficiency in the United States. (3) Other nations, including China and Germany are ahead of the United States in manufacturing and deploying various clean energy technologies, even though the United States invented many of these technologies. (4) Investments in renewable energy and energy efficiency projects in the United States create green jobs for U.S. citizens across the United States. Hundreds of thousands of jobs could be created through expanded government support for clean energy and energy efficiency. (5) As Americans choose energy efficiency and clean energy and transportation, it reduces our dependence on foreign oil and improves our energy security. (6) Bonds are a low-cost method for encouraging clean energy, not requiring direct budget allocations or expenditures. The projects supported through Clean Energy Victory Bonds will create jobs and business revenues that will increase Federal tax revenues, while simultaneously reducing health and environmental costs incurred by the Federal Government nationwide. (7) In World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185 billion, or over $2 trillion in today’s dollars. I Clean Energy Victory Bonds 101. Clean Energy Victory Bonds (a) Initial capitalization The Secretary of the Treasury shall issue Clean Energy Victory Bonds in an amount not to exceed $7,500,000,000 on the credit of the United States for purposes of raising revenue for the extension of certain energy-related tax benefits extended by this Act. (b) Denominations and maturity Clean Energy Victory Bonds shall be in the form of United States Savings Bonds of Series EE or as administered by the Bureau of the Public Debt of the Department of the Treasury in denominations of $25, and shall mature within such periods as determined by the Secretary of the Treasury. (c) Interest Clean Energy Victory Bonds shall bear interest at the rate the Secretary of the Treasury sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary of the Treasury which is based on the valuation of carbon mitigated or energy saved through funded projects funded from the proceeds of such bonds. (d) Promotion (1) In general The Secretary of the Treasury shall take such actions, independently and in conjunction with financial institutions offering Clean Energy Victory Bonds, to promote the purchase of Clean Energy Victory Bonds, including campaigns describing the financial and social benefits of purchasing Clean Energy Victory Bonds. (2) Promotional activities Such promotional activities may include advertisements, pamphlets, or other promotional materials— (A) in periodicals; (B) on billboards and other outdoor venues; (C) on television; (D) on radio; (E) on the Internet; (F) within financial institutions that offer Clean Energy Victory Bonds; or (G) any other venues or outlets the Secretary of the Treasury may identify. (3) Limitation There are authorized to be appropriated for such promotional activities not more than— (A) $10,000,000 in the first year after the date of the enactment of this Act, and (B) $2,000,000 in each year thereafter. (e) Future capitalization (1) In general After the initial capitalization limit is reached under subsection (a), the Secretary of the Treasury may issue additional Clean Energy Victory Bonds on the credit of the United States. (2) Single issue limitation No such additional issue may exceed $7,500,000,000. (3) Aggregate limitations The aggregate of any such additional issues during the 4-year period beginning on the day after the initial capitalization limit is reached under subsection (a) may not exceed $50,000,000,000. The aggregate of any such additional issues after the expiration of such 4-year period may not exceed $50,000,000,000. (f) Lawful investments Clean Energy Victory Bonds shall be lawful investments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of the United States or any officer or officers thereof. II Revenue provisions 201. Extension and modification of energy investment tax credit (a) Extension (1) Solar energy Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking January 1, 2017 and inserting January 1, 2023 . (2) Geothermal heat pumps Clause (vii) of section 48(a)(3)(A) of such Code is amended by striking January 1, 2017 and inserting January 1, 2023 . (3) Fuel cell property Subparagraph (D) of section 48(c)(1) of such Code is amended by striking December 31, 2016 and inserting December 31, 2022 . (4) Microturbine property Subparagraph (D) of section 48(c)(2) of such Code is amended by striking December 31, 2016 and inserting December 31, 2022 . (5) Combined heat and power Clause (iv) of section 48(c)(3) of such Code is amended by striking January 1, 2017 and inserting January 1, 2023 . (6) Small wind Subparagraph (C) of section 48(c)(4) of such Code is amended by striking December 31, 2016 and inserting December 31, 2022 . (7) Offshore wind (A) In general Clause (ii) of section 48(a)(5)(C) of such Code is amended— (i) by striking is placed in service in and inserting the following: is— (I) except as provided in subclause (II), placed in service in , (ii) by adding at the end the following new subclause: (II) in the case of an offshore wind facility, placed in service after December 31, 2008, and before January 1, 2021, and . (B) Offshore wind facility Paragraph (5) of section 48(a) of such Code is amended by adding at the end the following new subparagraph: (E) Offshore wind facility The term offshore wind facility means any qualified facility described in section 45(d)(1) and located in the inland navigable waters of the United States, including the Great Lakes, or in the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of the United States, and the outer Continental Shelf of the United States. . (b) Modification of fuel cell property Paragraph (1) of section 48(c) of such Code, as amended by this Act, is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: (D) Exception for fuel derived from fossil fuels The term qualified fuel cell powerplant shall not include any fuel cell powerplant the fuel of which is derived from, or is produced by using, any fossil fuel. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 202. Extension of residential energy efficient property credit (a) In general Subsection (g) of section 25D of the Internal Revenue Code of 1986 is amended by striking December 31, 2016 and inserting December 31, 2023 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2016. 203. Extension and modification of credit for electricity produced from certain renewable resources (a) Extension Subsection (d) of section 45 of the Internal Revenue Code of 1986 is amended— (1) by striking January 1, 2013 in paragraph (1) and inserting January 1, 2023 , (2) by striking January 1, 2014 each place it appears in paragraphs (2), (3), (4), (9), and (11) and inserting January 1, 2023 , and (3) by striking January 1, 2006 in paragraph (4) and inserting January 1, 2023 . (b) Modifications with respect to closed-Loop biomass (1) In general Paragraph (2) of section 45(c) of such Code is amended to read as follows: (2) Closed-Loop biomass (A) In general The term closed-loop biomass means any organic matter from a plant which— (i) is planted exclusively for purposes of being used at a qualified facility to produce electricity, or (ii) is a byproduct from harvesting timber (including tops, branches, crooks) or is invasive woody vegetation that interferes with regeneration or the natural growth of the forest from which timber is harvested. (B) Limitation For purposes of subparagraph (A)(ii), byproduct from harvesting timber shall not be treated as closed-loop biomass unless— (i) such byproduct does not exceed 30 percent (by weight) of the harvested timber to which it relates, and (ii) the percentage byproduct removed (by weight) does not exceed— (I) 25 percent in the case of timber harvested from good soil, and (II) 0 percent in the case of timber harvested from poor soil. For purposes of the preceding sentence, soil quality shall be determined by reference to soil classifications by the Natural Resources Conservation Service. . (2) Qualified facility Paragraph (2) of section 45(d) of such Code is amended by adding at the end the following new subparagraph: (D) Greenhouse gas emissions In the case of a facility placed in service after December 31, 2014, such term shall not include any facility unless, with respect to the facility, the taxpayer annually during the 10-year period described in subsection (a) demonstrates to the satisfaction of the Secretary that such facility’s use of closed-loop biomass will result in a 50-percent reduction in greenhouse gas emissions compared to a similar facility using natural gas combined-cycle generation. . (c) Modification of open-Loop biomass definition The second sentence of subparagraph (A) of section 45(c)(3) of such Code is amended— (1) by striking or biomass and inserting , biomass , and (2) by inserting before the period at the end the following: , any biomass which is primarily a food crop, or biomass derived from any crop that displaces any forest existing on the date of the enactment of the Clean Energy Victory Bond Act of 2014 . (d) Modification of biofuel as qualified energy resource (1) In general Paragraph (1) of section 45(c) of such Code is amended by striking and at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , and , and by adding at the end the following new subparagraph: (J) second generation biomass. . (2) Second generation biomass defined Subsection (c) of section 45 of such Code is amended by adding at the end the following new paragraph: (11) Second generation biomass The term second generation biomass means any biomass which is composed of lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and that does not replace forested land (other than any fuel described in section 40(b)(6)(E)(iii)). . (3) Qualified facility Subsection (d) of section 45 of such Code is amended by adding at the end the following new paragraph: (12) Second generation biomass In the case of a facility producing electricity from second generation biomass, the term qualified facility means any facility owned by the taxpayer which is originally placed in service on or after the date of the enactment of this paragraph and before January 1, 2023. . (4) Conforming amendments (A) Subsection (d) of section 45 of such Code is amended by striking January 1, 2014 each place it appears in paragraphs (2)(A)(i), (3), (6), and (7) and inserting the date of the enactment of the Clean Energy Victory Bond Act of 2014 . (B) Clause (ii) of section 45(d)(2)(A) of such Code is amended by striking January 1, 2014, and inserting the date of the enactment of the Clean Energy Victory Bond Act of 2014 . (e) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 204. Extension of credit for nonbusiness energy property (a) In general Paragraph (2) of section 25C(g) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2022 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 205. Performance based home energy improvements (a) In general Subpart A of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: 25E. Performance based energy improvements (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year for a qualified whole home energy efficiency retrofit an amount determined under subsection (b). (b) Amount determined (1) In general Subject to paragraph (4), the amount determined under this subsection is equal to— (A) the base amount under paragraph (2), increased by (B) the amount determined under paragraph (3). (2) Base amount For purposes of paragraph (1)(A), the base amount is $2,000, but only if the energy use for the residence is reduced by at least 20 percent below the baseline energy use for such residence as calculated according to paragraph (5). (3) Increase amount For purposes of paragraph (1)(B), the amount determined under this paragraph is $500 for each additional 5 percentage point reduction in energy use. (4) Limitation In no event shall the amount determined under this subsection exceed the lesser of— (A) $5,000 with respect to any residence, or (B) 30 percent of the qualified home energy efficiency expenditures paid or incurred by the taxpayer under subsection (c) with respect to such residence. (5) Determination of energy use reduction For purposes of this subsection— (A) In general The reduction in energy use for any residence shall be determined by modeling the annual predicted percentage reduction in total energy costs for heating, cooling, hot water, and permanent lighting. It shall be modeled using computer modeling software approved under subsection (d)(2) and a baseline energy use calculated according to subsection (d)(1)(C). (B) Energy costs For purposes of subparagraph (A), the energy cost per unit of fuel for each fuel type shall be determined by dividing the total actual energy bill for the residence for that fuel type for the most recent available 12-month period by the total energy units of that fuel type used over the same period. (c) Qualified home energy efficiency expenditures For purposes of this section, the term qualified home energy efficiency expenditures — (1) means any amount paid or incurred by the taxpayer during the taxable year for a qualified whole home energy efficiency retrofit, including the cost of diagnostic procedures, labor, and modeling, (2) includes only measures that have an average estimated life of 5 years or more as determined by the Secretary, after consultation with the Secretary of Energy, (3) does not include any amount which is paid or incurred in connection with any expansion of the building envelope of the residence, and (4) does not include improvements to swimming pools or hot tubs or any other expenditure specifically excluded by the Secretary, after consultation with the Secretary of Energy. (d) Qualified whole home energy efficiency retrofit For purposes of this section— (1) In general The term qualified whole home energy efficiency retrofit means the implementation of measures placed in service during the taxable year intended to reduce the energy use of the principal residence of the taxpayer which is located in the United States. A qualified whole home energy efficiency retrofit shall— (A) be designed, implemented, and installed by a contractor which is— (i) accredited by the Building Performance Institute (hereafter in this section referred to as BPI ) or a preexisting BPI accreditation-based State certification program with enhancements to achieve State energy policy, (ii) a Residential Energy Services Network (hereafter in this section referred to as RESNET ) accredited Energy Smart Home Performance Team, or (iii) accredited by an equivalent certification program approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, (B) install a set of measures modeled to achieve a reduction in energy use of at least 20 percent below the baseline energy use established in subparagraph (C), using computer modeling software approved under paragraph (2), (C) establish the baseline energy use by calibrating the model using sections 3 and 4 and Annex D of BPI Standard BPI–2400–S–2011: Standardized Qualification of Whole House Energy Savings Estimates, or an equivalent standard approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, (D) document the measures implemented in the residence through photographs taken before and after the retrofit, including photographs of its visible energy systems and envelope as relevant, and (E) implement a test-out procedure, following guidelines of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent guidelines approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, to ensure— (i) the safe operation of all systems post retrofit, and (ii) that all improvements are included in, and have been installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, for this purpose. For purposes of subparagraph (A)(iii), an organization or State may submit an equivalent certification program for approval by the Secretary, in consultation with the Secretary of Energy. The Secretary shall approve or deny such submission not later than 180 days after receipt, and, if the Secretary fails to respond in that time period, the submitted equivalent certification program shall be considered approved. (2) Approved modeling software For purposes of paragraph (1)(B), the contractor shall use modeling software certified by RESNET as following the software verification test suites in section 4.2.1 of RESNET Publication No. 06–001 or certified by an alternative organization as following an equivalent standard, as approved by the Secretary, after consultation with the Secretary of Energy, for this purpose. (3) Documentation The Secretary, after consultation with the Secretary of Energy, shall prescribe regulations directing what specific documentation is required to be retained or submitted by the taxpayer in order to claim the credit under this section, which shall include, in addition to the photographs under paragraph (1)(D), a form approved by the Secretary that is completed and signed by the qualified whole home energy efficiency retrofit contractor under penalties of perjury. Such form shall include— (A) a statement that the contractor followed the specified procedures for establishing baseline energy use and estimating reduction in energy use, (B) the name of the software used for calculating the baseline energy use and reduction in energy use, the percentage reduction in projected energy savings achieved, and a statement that such software was certified for this program by the Secretary, after consultation with the Secretary of Energy, (C) a statement that the contractor will retain the details of the calculations and underlying energy bills for 5 years and will make such details available for inspection by the Secretary or the Secretary of Energy, if so requested, (D) a list of measures installed and a statement that all measures included in the reduction in energy use estimate are included in, and installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, (E) a statement that the contractor meets the requirements of paragraph (1)(A), and (F) documentation of the total cost of the project in order to comply with the limitation under subsection (b)(4)(B). (e) Additional rules For purposes of this section— (1) No double benefit (A) In general With respect to any residence, no credit shall be allowed under this section for any taxable year in which the taxpayer claims a credit under section 25C. (B) Renewable energy systems and appliances In the case of a renewable energy system or appliance that qualifies for another credit under this chapter, the resulting reduction in energy use shall not be taken into account in determining the percentage energy use reductions under subsection (b). (C) No double benefit for certain expenditures The term qualified home energy efficiency expenditures shall not include any expenditure for which a deduction or credit is claimed by the taxpayer under this chapter for the taxable year or with respect to which the taxpayer receives any Federal energy efficiency rebate. (2) Principal residence The term principal residence has the same meaning as when used in section 121. (3) Special rules Rules similar to the rules under paragraphs (4), (5), (6), (7), and (8) of section 25D(e) and section 25C(e)(2) shall apply, as determined by the Secretary, after consultation with the Secretary of Energy. (4) Basis adjustments For purposes of this subtitle, if a credit is allowed under this section with respect to any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. (5) Election not to claim credit No credit shall be determined under subsection (a) for the taxable year if the taxpayer elects not to have subsection (a) apply to such taxable year. (6) Multiple year retrofits If the taxpayer has claimed a credit under this section in a previous taxable year, the baseline energy use for the calculation of reduced energy use must be established after the previous retrofit has been placed in service. (f) Termination This section shall not apply with respect to any costs paid or incurred after December 31, 2022. (g) Secretary review The Secretary, after consultation with the Secretary of Energy, shall establish a review process for the retrofits performed, including an estimate of the usage of the credit and a statistically valid analysis of the average actual energy use reductions, utilizing utility bill data collected on a voluntary basis, and report to Congress not later than June 30, 2016, any findings and recommendations for— (1) improvements to the effectiveness of the credit under this section, and (2) expansion of the credit under this section to rental units. . (b) Conforming amendments (1) Section 1016(a) is amended— (A) by striking and at the end of paragraph (36), (B) by striking the period at the end of paragraph (37) and inserting , and , and (C) by adding at the end the following new paragraph: (38) to the extent provided in section 25E(e)(4), in the case of amounts with respect to which a credit has been allowed under section 25E. . (2) Section 6501(m) is amended by inserting 25E(e)(5), after section . (3) The table of sections for subpart A of part IV of subchapter A chapter 1 is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Performance based energy improvements. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred for a qualified whole home energy efficiency retrofit placed in service after December 31, 2013. 206. Extension of new energy efficient home credit (a) In general Subsection (g) of section 45L of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2022 . (b) Effective date The amendment made by this section shall apply to homes acquired after December 31, 2013. 207. Extension and modification of energy efficient commercial buildings deduction (a) In general Subsection (h) of section 179D of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2022 . (b) Increase in deduction limitations (1) In general Subparagraph (A) of section 179D(b)(1) of such Code is amended by striking $1.80 and inserting $3.00 . (2) Partial pay Subparagraph (A) of section 179D(d)(1) is amended by striking substituting $.60 for $1.80 . and inserting substituting $1.00 for $3.00 . . (3) Reduced amount for lower efficiency property Subsection (d) of section 179D of such Code is amended by adding at the end the following new paragraph: (1) 30 to 50 percent property In the case of property which would be energy efficient commercial building property were subsection (c)(1)(D) applied by substituting more than 30 percent and less than 50 percent for 50 percent or more , subsection (b) shall be applied to such property by substituting $1.80 for $3.00 . . (c) Updating partial allowance regulations Subparagraph (B) of section 179D(d)(1) of such Code is amended by adding at the end the following: Not later than 1 year after the date of the enactment of the Clean Energy Victory Bond Act of 2014 , and every three years thereafter, the Secretary shall, after consultation with the Secretary of Energy, update the targets for such systems in such a manner as the Secretary determines will encourage innovation in commercial building energy efficiency. . (d) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 208. Plug-in electric vehicle grants in lieu of tax credits (a) In general The Secretary of Energy, in consultation with the Secretary of the Treasury, shall establish a voluntary program through which the Secretary of Energy shall— (1) authorize the issuance of an electronic voucher to offset the purchase price of a qualified plug-in electric vehicle or a new qualified plug-in electric drive motor vehicle purchased from a dealer participating in the program; (2) register dealers for participation in the program and require that all dealers so registered accept such vouchers as partial payment or down payment for the purchase of any such vehicle offered for sale by such dealer; (3) make electronic payments to dealers for eligible transactions by such dealers; and (4) in consultation with the Inspector General of the Department of Transportation establish and provide for the enforcement of measures to prevent and penalize fraud under the program. (b) Voucher limitations A voucher issued under the program shall have a value that may be applied to offset the purchase price of a vehicle by— (1) in the case of a qualified plug-in electric vehicle, $2,500; or (2) in the case of a new qualified plug-in electric drive motor vehicle, $2,500 plus an amount determined with respect to the vehicle under section 30D(b)(3) of the Internal Revenue Code of 1986. (c) Treated as advance payment of credit Use of a voucher under the program to offset the purchase price of a vehicle shall, for purposes of the Internal Revenue Code of 1986, be treated as advance payment of the credit allowed under section 30 or 30D of such Code, as the case may be, and the amount of credit which would (but for this paragraph) be allowable with respect to such vehicle under either such section shall be reduced (but not below zero) by the amount of the voucher so used. (d) Definitions and special rules For purposes of this section— (1) Qualified plug-in electric vehicle The term qualified plug-in electric vehicle shall have the meaning given such term by section 30(d) of the Internal Revenue Code of 1986. (2) New qualified plug-in electric drive motor vehicle The term new qualified plug-in electric drive motor vehicle shall have the meaning given such term by section 30D(d) of such Code. (3) No combination of vouchers Only 1 voucher issued under the program may be applied toward the purchase of a single vehicle. (4) Combination with other incentives permitted The availability or use of a Federal, State, or local incentive or a State-issued voucher for the purchase of any vehicle shall not limit the value or issuance of a voucher under the program to any person otherwise eligible to receive such a voucher. (5) No additional fees A dealer participating in the program may not charge a person purchasing a vehicle any additional fees associated with the use of a voucher under the program. (6) Application of certain rules Rules similar to the rules of paragraphs (1), (2), (3), (4), and (5) of section 30(e) of such Code shall apply for purposes of this section. (e) Termination and phaseout (1) Termination for qualified plug-in electric vehicles This section shall not apply to any qualified plug-in electric vehicle acquired after December 31, 2017. (2) Phaseout for new qualified plug-in electric drive motor vehicle The amount of any voucher with respect to any new qualified plug in electric drive motor vehicle shall be reduced as provided in section 30D(e) of the Internal Revenue Code of 1986. (f) Regulations The Secretary of Energy, in consultation with the Secretary of the Treasury, shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4426ih/xml/BILLS-113hr4426ih.xml
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113-hr-4427
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I 113th CONGRESS 2d Session H. R. 4427 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Mr. Ryan of Ohio (for himself, Mr. Cassidy , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for a grants program to develop and enhance integrated nutrition curricula in medical schools.
1. Short title This Act may be cited as the Expanding Nutrition’s Role in Curricula and Healthcare Act or the ENRICH Act . 2. Findings Congress finds the following: (1) In 2012, United States health care spending was about $8,915 per resident and accounted for 17.2 percent of the Nation’s gross domestic product, which is among the highest of all industrialized countries. (2) Expenditures in the United States on health care surpassed $2.3 trillion in 2008, more than three times the $714 billion spent in 1990, and over eight times the $253 billion spent in 1980. (3) It is estimated that health care costs for chronic disease treatment account for over 75 percent of national health expenditures. (4) The last major report from the World Health Organization in March 2003 concluded diet was a major factor in the cause of chronic diseases. (5) Seven out of 10 deaths among Americans each year are from chronic diseases. Heart disease, cancer, and stroke—each of which has been strongly linked to dietary and lifestyle choices—account for more than 50 percent of all deaths each year. (6) About 81.1 million people in the United States have at least one form of cardiovascular disease. Approximately 2,300 Americans die every day from cardiovascular disease. In 2010, cardiovascular disease cost American taxpayers $189.4 billion. The American Heart Association estimates that, by 2030, direct costs related to cardiovascular disease will triple to around $818 billion. Research has shown that following a healthful diet can not only reduce symptoms related to heart disease but also reverse the damage done to the arteries. (7) Two-thirds of the American population is currently overweight, half of whom are obese. One in three children is now overweight, and one-fifth of children are obese. In 2008, the United States spent $190 billion on obesity-related health care costs. (8) An estimated 25.8 million Americans have diabetes. Another 79 million adults have prediabetes. The Centers for Disease Control and Prevention predict that one in three children born in 2000 will develop diabetes at some point in their lives. Diabetes cost the government $116 billion in 2007. Research has shown that nutrition therapy is a key component of diabetes management and can improve clinical outcomes. (9) Cancer kills approximately 570,000 Americans each year, accounting for one in every four deaths. More than 1.5 million new cancer cases are diagnosed annually. In 2010, the direct costs of cancer were $102.8 billion and that number is expected to rise to $172 billion by 2020. More than 33 percent of cancers are diet related and could be prevented with a healthful diet. (10) Eating is a complex social phenomenon influenced by family, social networks, culture, socioeconomic and educational status. An interprofessional approach to nutrition education for clinicians may not necessarily overcome these forces but may help the health professions team identify effective strategies for nutrition counseling and management. (11) Physicians are an important source of information and motivation for patients’ health behavior. Multiple studies have shown that physician counseling on weight loss increases the likelihood that patients will attempt weight loss, increase physical activity, improve diet, and lose weight. (12) Leading medical bodies recommend that physicians address diet with overweight patients. Guidelines from leading medical bodies such as the National Institutes of Health, the American Heart Association, the American College of Cardiology, and the Obesity Society recommend that physicians counsel overweight and obese patients on the benefits of lifestyle changes through lifestyle changes such as diet and physical activity. 3. Grants program to develop or enhance integrated nutrition curricula in medical schools (a) In general The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and in conjunction with the National Institutes of Health National Heart, Lung, and Blood Institute, shall establish a competitive grants program under which the Secretary may award grants to medical schools in the United States for the purpose described in subsection (b)(1). (b) Use of grant funds (1) In general A medical school receiving a grant under this section shall use the grant to create new or expand existing integrated nutrition curriculum described in paragraph (2) for the medical school. (2) Integrated nutrition curriculum For purposes of paragraph (1), an integrated nutrition curriculum— (A) shall be designed based on the best possible evidence to improve communication and provider preparedness in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer; and (B) shall, to the greatest extent practicable, address such additional topics, including nutrition across the life cycle of individuals who are members of at-risk populations, food insecurity among such individuals, and malnutrition among such individuals. (c) Eligibility To be eligible to receive a grant under this section, an eligible entity shall— (1) be a medical school in the United States that is accredited by the Liaison Committee on Medical Education and Residency Program Accreditation Council for Graduate Education or by the American Osteopathic Association Commission on Osteopathic College Accreditation; and (2) submit an application to the Secretary, in accordance with such time, form, and manner and containing such information as specified by the Secretary, including— (A) a description of how the medical school intends to implement the integrated nutrition curriculum described in subsection (b)(2); and (B) a description of benchmarks to measure the success of the implementation of such curriculum. (d) Administrative provisions (1) Duration of Program A grant awarded to a medical school under this section shall be for a three-year period, beginning on the date of the establishment of the grants program under subsection (a). (2) Limitations (A) Grant amounts A grant awarded to a medical school under this section may not exceed $500,000. (B) One grant per school A medical school shall not be eligible for more than one grant under this section and may not renew such a grant. (3) Priority In awarding grants, the Secretary shall give priority to medical schools— (A) that submit applications under subsection (c)(1) that describe an integrated nutrition curriculum that will be implemented through the use of such a grant— (i) that is coordinated with a residency program; or (ii) provides that students of such school should receive at least 25 hours of nutrition education; or (B) that, for purposes of carrying out such curriculum through the use of such a grant, partner with education programs for health professionals other than physicians. (e) Reports (1) Periodic reports during grants program (A) In general For each school year ending during the duration of the grants program under this section, the Secretary shall submit to Congress a report on the grants program. (B) Report Elements Each such report shall include— (i) the findings and conclusions of the Secretary with respect to the integration of nutrition curriculum into the curriculum of the medical schools receiving a grant under the grants program; and (ii) an assessment of the benefits of the grants program for— (I) establishing best practices for providers to advise patients in the clinical setting; (II) providing greater nutrition awareness to physicians and other health professionals and patients of such physicians and professionals; and (III) improving healthfulness of patients’ diets and improving patient health outcomes. (2) Final Report Not later than 180 days after the last day of the grants program under this section, the Secretary shall submit to Congress a report detailing the recommendations of the Secretary as to any benefits or barriers of integrating nutrition curriculum at both the medical school and residency levels. (f) Funding No additional funds are authorized to carry out the requirements of this section. The Secretary shall carry out such requirements by using, from amounts otherwise authorized or appropriated, up to $5,000,000 for each of fiscal years 2015 through 2017.
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113-hr-4428
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I 113th CONGRESS 2d Session H. R. 4428 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Ms. Linda T. Sánchez of California introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify the energy credit for microturbine property.
1. Short title This Act may be cited as the American Microturbine Manufacturing and Clean Energy Deployment Act of 2014 . 2. Modification of energy credit for microturbine property (a) Increase in energy percentage Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking and at the end of subclause (III) and by adding at the end the following new subclause: (V) qualified microturbine property, and . (b) Modification of definition of qualified microturbine property definition Subparagraph (A) of section 48(c)(2) of such Code is amended— (1) by striking 2,000 kilowatts in clause (i) and inserting 5,000 kilowatts , and (2) by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting , and , and by adding at the end the following new clause: (iii) has no single microturbine engine with a nameplate capacity of more than 500 kilowatts. . (c) Elimination of per kilowatt limitation Paragraph (2) of section 48(c) of such Code is amended by striking subparagraph (B), by redesignating subparagraph (C) as subparagraph (B), and by inserting after subparagraph (B) (as so redesignated) the following new subparagraph: (C) Credit may not exceed credit amount allocated (i) In general The amount of credit determined under this section for any taxable year with respect to any qualified microturbine property placed in service by the taxpayer shall not exceed the credit dollar amount allocated to the taxpayer under this subparagraph with respect to such property. (ii) Aggregate limitation The aggregate credits allowed under this section with respect to qualified microturbine property shall not exceed $250,000,000. (iii) Allocation by Secretary The Secretary shall allocate the dollar amount described in clause (ii) among the applicants for such credit in such manner as the Secretary determines appropriate. . (d) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) of such Code (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).
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113-hr-4429
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I 113th CONGRESS 2d Session H. R. 4429 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Mr. Tiberi (for himself, Mr. Neal , Mr. Sam Johnson of Texas , Mr. Larson of Connecticut , Mr. Brady of Texas , Mr. Kind , Mr. Nunes , Mr. Pascrell , Mr. Boustany , Mr. Crowley , Mr. Schock , Mr. Reed , Ms. Linda T. Sánchez of California , Mr. Young of Indiana , and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permanently extend the subpart F exemption for active financing income.
1. Permanent subpart F exemption for active financing income (a) Banking, financing, or similar businesses Subsection (h) of section 954 of the Internal Revenue Code of 1986 (relating to special rule for income derived in the active conduct of banking, financing, or similar businesses) is amended by striking paragraph (9). (b) Insurance businesses Subsection (e) of section 953 of such Code (relating to exempt insurance income) is amended by striking paragraph (10) and by redesignating paragraph (11) as paragraph (10). (c) Effective date The amendments made by this section shall apply to taxable years of a foreign corporation beginning after December 31, 2013, and to taxable years of United States shareholders with or within which such taxable years of such foreign corporation end.
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113-hr-4430
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I 113th CONGRESS 2d Session H. R. 4430 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Mr. Womack (for himself, Mr. Welch , Ms. Pingree of Maine , and Mr. Gardner ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the FDA Food Safety Modernization Act to ensure that certain facilities continue to be treated as alcohol-related facilities, notwithstanding the distribution of spent grains resulting from the production of alcoholic beverages.
1. Short title This Act may be cited as the Protecting the Sustainable Use of Spent Grains Act of 2014 . 2. Applicability of exemption to alcohol-related facilities that distribute spent grains Section 116 of the FDA Food Safety Modernization Act ( 21 U.S.C. 2206 ) is amended— (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following: (c) Spent grains Notwithstanding subsection (b), the exemption in subsection (a) shall not cease to apply to a facility on the basis of such facility distributing, for use as food for animals, spent grains resulting from the facility’s production of alcoholic beverages. ; and (3) in subsection (d), as redesignated, by striking Except as provided in subsections (a) and (b) and inserting Except as provided in subsections (a), (b), and (c) .
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113-hr-4431
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I 113th CONGRESS 2d Session H. R. 4431 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Bentivolio introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide that, if emergency unemployment compensation is extended, prospective benefits shall be subject to gradual reduction.
1. Condition In the event that a law extending title IV of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 ) is enacted on or after the date of enactment of this Act, then, effective with respect to emergency unemployment compensation payable for each week beginning on or after such date of enactment or, if later, the effective date of the extension (the first such week, in the case of any individual, to be referred to as the individual’s initial post-extension week ), section 2 shall apply. 2. Reduction Notwithstanding any provision of title IV of the Supplemental Appropriations Act, 2008, the amount of emergency unemployment compensation payable to any individual under such title shall— (1) for the first week of unemployment following the initial post-extension week described in section 1, be equal to— (A) the amount that would otherwise be payable, (B) reduced by 5 percent; and (2) for each week of unemployment subsequent to the week of unemployment to which paragraph (1) applies, be equal to— (A) the amount that would otherwise be payable, (B) reduced by— (i) the percentage reduction applicable under this section to the individual’s preceding week of unemployment, (ii) increased by 5 percentage points, but not below zero.
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113-hr-4432
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I 113th CONGRESS 2d Session H. R. 4432 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Pompeo (for himself, Mr. Butterfield , Mr. Matheson , Mrs. Blackburn , and Mr. Whitfield ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to food produced from, containing, or consisting of a bioengineered organism, the labeling of natural foods, and for other purposes.
1. Short title This Act may be cited as the Safe and Accurate Food Labeling Act of 2014 . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Ensuring safety of food supply. Title I—Food produced from, containing, or consisting of a bioengineered organism Sec. 101. Definitions. Sec. 102. Mandatory premarket biotechnology notification program. Sec. 103. Labeling of whether food is bioengineered. Sec. 104. Preemption. Title II—Natural foods Sec. 201. Labeling of natural foods. Sec. 202. Regulations. Sec. 203. Preemption. Sec. 204. Effective date. 3. Ensuring safety of food supply Nothing in this Act (or the amendments made by this Act) is intended to alter or affect the authorities or regulatory programs, policies, and procedures otherwise available to the Food and Drug Administration to ensure the safety of the food supply under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). I Food produced from, containing, or consisting of a bioengineered organism 101. Definitions Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (ss) The term bioengineered organism refers to an organism if— (1) the organism is a plant (or a seed, a fruit, or any other part thereof); (2) the organism contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques; and (3) the modification could not otherwise be obtained using conventional breeding techniques. . 102. Mandatory premarket biotechnology notification program (a) Prohibited Act Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (ddd) The initial introduction or delivery for introduction in interstate commerce of a bioengineered organism intended for a food use or application, unless the developer of the organism has complied with the notification requirements, to the extent applicable, under section 424. . (b) Notification program Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ) is amended by adding at the end the following: 424. Notification relating to certain bioengineered organisms (a) In general A bioengineered organism shall not be introduced or delivered for introduction into interstate commerce for a food use or application unless— (1) the use or application of the bioengineered organism in food has been addressed by the developer of the bioengineered organism in a premarket biotechnology notification, to which the Secretary has responded under subsection (d)(2)(A) by stating no objections; or (2) (A) food produced from, containing, or consisting of the bioengineered organism was evaluated by the Secretary pursuant to the Food and Drug Administration’s voluntary consultation process for foods and food products from genetically engineered plants in effect prior to the date of enactment of the Safe and Accurate Food Labeling Act of 2014 ; and (B) the Secretary informed the developer of the bioengineered organism that all questions about safety have been resolved. (b) Exceptions This section does not apply with respect to the introduction or delivery for introduction into interstate commerce of a bioengineered organism— (1) for the purpose of development or testing conducted to generate data and information that could be used in a premarket biotechnology notification or other regulatory submission; or (2) solely because— (A) a processing aid or enzyme produced from the bioengineered organism is intended to be used to produce food; or (B) food produced from, containing, or consisting of the bioengineered organism is intended to be fed to an animal from which food is intended to be produced or derived. (c) Premarket Biotechnology Notification (1) Submission At least 210 days before a bioengineered organism is first introduced or delivered for introduction into interstate commerce for a food use or application, a premarket biotechnology notification shall be submitted to the Secretary by the developer of the bioengineered organism. Such notification shall provide— (A) the basis for the notifier’s determination that food produced from, containing, or consisting of such bioengineered organism is as safe for use by humans or animals, as applicable, as one or more comparable marketed foods that are not produced from, do not contain, or do not consist of such bioengineered organism; and (B) whether any other Federal agency is conducting or has conducted any review of the bioengineered organism and the status or conclusions of any such review. (2) Consultation prior to submission A prospective notifier may consult informally with the Secretary concerning a bioengineered organism intended for a food use or application before submitting a premarket biotechnology notification. (d) Response to a Premarket Biotechnology Notification (1) Preliminary response Within 30 days of receipt of a premarket biotechnology notification, the Secretary shall— (A) inform the notifier in writing that the notification is complete and has been filed; or (B) inform the notifier in writing of any missing elements that prevent the Secretary from filing and reviewing the notification. The Secretary shall limit any request under subparagraph (B) to data or information necessary to perform the evaluation specified in paragraph (2) and shall not delay informing the notifier under paragraph (1)(A) for any other purpose. (2) Substantive response Within 180 days of the Secretary informing the notifier under paragraph (1)(A) that the premarket biotechnology notification is complete, the Secretary— (A) shall respond in writing to the notifier that the Secretary has evaluated the notification and has no objections to the notifier’s determination that food produced from, containing, or consisting of the bioengineered organism that is the subject of the notification is as safe for use by humans or animals, as applicable, as one or more comparable marketed foods that are not produced from, do not contain, or do not consist of such bioengineered organism; or (B) shall— (i) respond in writing to the notifier that the Secretary has evaluated the notification and has determined the notification does not provide an adequate basis for the notifier’s determination; and (ii) include in such response the Secretary's basis for the Secretary’s determination. (3) Withdrawal by notifier At any point before receiving a written response from the Secretary under subparagraph (A) or (B) of paragraph (2), the notifier may withdraw a premarket biotechnology notification without prejudice as to any future notifications. (4) Effective date A notification submitted under subsection (c) shall become effective on the date that is 180 days after the Secretary informs the notifier under paragraph (1)(A) that the notification is complete, and as of such date the bioengineered organism that is the subject of the notification may be introduced or delivered for introduction into interstate commerce, unless the Secretary provides a response under paragraph (2)(B). (e) Labeling If the Secretary determines that there is a material difference between a food produced from, containing, or consisting of a bioengineered organism and its comparable marketed food and that disclosure of such difference is necessary to protect health and safety or to prevent the label or labeling of such food from being false or misleading, the Secretary may, in a response under subsection (d)(2)(A), specify labeling that would adequately inform consumers of such material difference. The use of bioengineering does not, by itself, constitute a material difference. (f) Public Disclosure The existence and contents of a premarket biotechnology notification shall be made available to the public as of the date the Secretary issues a written response under subsection (d)(2)(A), subject to review by the Secretary pursuant to the provisions on exemptions from disclosure under chapter 5 of title 5, United States Code. (g) Definitions In this section: (1) (A) The term comparable marketed food means, with respect to the food produced from, containing, or consisting of a plant that is a bioengineered organism— (i) the parental variety of the plant; (ii) another commonly consumed variety of the plant; or (iii) a plant variety from which is derived a commonly consumed food with properties comparable to the food produced from, containing, or consisting of the plant that is a bioengineered organism. (B) A food produced from, containing, or consisting of a bioengineered organism may have more than one comparable marketed food. (2) The term notifier means the person who submits a premarket biotechnology notification. (3) The term premarket biotechnology notification — (A) means a submission to the Secretary under subsection (c); and (B) includes all scientific data and other information in the original submission and in any amendments to the original submission. (4) The term material difference means a difference that— (A) significantly alters the characteristics, including the functional or compositional characteristics, of a food, such that the common or usual name no longer adequately describes the food; (B) results in a significantly different nutritional property in the food produced from, containing, or consisting of the bioengineered organism; or (C) results in the food containing an allergen that consumers would not expect to be present based upon the name of the food. . (c) Applicability The amendments made by this section apply beginning on the date that is 30 days after the date of enactment of this Act, irrespective of whether regulations or guidance have been finalized or issued by such date to carry out such amendments. (d) Pending submissions The Secretary shall— (1) deem to be a premarket biotechnology notification under section 424 of the Federal Food, Drug, and Cosmetic Act, as added by this section, any submission that— (A) is pending as of the date of enactment of this Act; and (B) is for voluntary consultation with respect to food produced from, containing, or consisting of a bioengineered organism (as such term is used in section 301(ddd) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)); and (2) evaluate such notifications expeditiously. (e) Preemption Section 403A(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343–2(a) ) is amended— (1) by striking or at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting a comma; and (3) by adding at the end the following: (6) any requirement respecting, prohibition against, or restriction on, the sale, distribution, or marketing of— (A) a bioengineered organism intended for a food use or application, or (B) food produced from, containing, or consisting of a bioengineered organism, as such term is used in section 301(ddd), or . (f) Technical corrections Section 403A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343–1 ) is amended— (1) by striking the section designation and enumerator and all that follows through (a) Except and inserting the following: 403A. State requirements (a) In general Except ; and (2) in subsection (b), by striking (b) Upon petition and inserting the following: (b) Petitions for exemptions Upon petition . 103. Labeling of whether food is bioengineered (a) Misbranding Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) If it bears labeling (indicating that bioengineering was or was not used in the production of the food) in violation of section 425. . (b) Labeling requirements Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ), as amended by section 102 of this Act, is further amended by adding at the end the following: 425. Labeling of whether food is bioengineered (a) Claims that bioengineering was not used (1) In general If a claim in the labeling of food indicates, directly or indirectly, that bioengineering was not used in the production of the food, such claim shall be subject to this subsection. (2) Requirements A claim described in paragraph (1)— (A) may be made only if the food bearing the claim is comprised of ingredients subject to supply chain process controls that address— (i) the producer planting a seed developed by means other than through the use of bioengineering; (ii) the producer keeping the crop separated during growth, harvesting, storage, and transportation; and (iii) persons in direct contact with such crop or foods derived from such crop during transportation, storage, or processing keeping the product separated from foods or food ingredients derived through bioengineering; (B) may be made for a food produced in accordance with subparagraph (A) in which food produced from, containing, or consisting of a bioengineered organism is inadvertently present; (C) may not suggest either expressly or by implication that foods developed without the use of bioengineering are safer than foods produced from, containing, or consisting of a bioengineered organism; (D) may be made on dairy products derived from cows or other milk-producing animals, on shell eggs derived from chickens and other birds, and on products consisting of or derived from fish or animals (that are under the jurisdiction of the Food and Drug Administration) that consumed feed or a feed ingredient, or received a drug or biological product, that— (i) was developed with the use of bioengineering; and (ii) has been authorized for such use by the Secretary; (E) may be made on a food produced with a bioengineered processing aid or enzyme; and (F) shall comply with any other requirements established by the Secretary by regulation to ensure that the food’s labeling is not false or misleading. (3) Regulations (A) In general The Secretary shall promulgate regulations to carry out this section. Such regulations shall specify a maximum permissible level of food produced from, containing, or consisting of a bioengineered organism that may be inadvertently present in food bearing claims under paragraph (1). (B) Separate categories Such regulations may specify different permissible levels for separate categories of food. (C) Claims prior to finalization of regulations This section does not limit the ability of persons to make claims described in paragraph (1) before the finalization of regulations under this paragraph. (D) Initial regulations The Secretary shall promulgate final regulations under this paragraph not later than 24 months after the date of enactment of the Safe and Accurate Food Labeling Act of 2014 . (b) Claims that bioengineering was used (1) In general If a claim in the labeling of food indicates, directly or indirectly, that bioengineering was used in the production of the food, such claim shall be subject to this subsection. (2) Regulations A claim described in paragraph (1) may be made only in accordance with regulations promulgated by the Secretary. Such regulations— (A) shall not require the labeling to declare the use of bioengineering solely because the food was developed with the use of bioengineering; (B) shall not allow the labeling to expressly or impliedly claim that food developed with the use of bioengineering is safer solely because the food is a food developed with the use of bioengineering; (C) shall allow any claims which the Secretary deems necessary under section 424(e); and (D) may contain other requirements established by the Secretary to ensure that the food’s labeling is not false or misleading. (3) Prohibition against restricting certain disclosures The regulations under this subsection shall not prevent a person— (A) from disclosing voluntarily on the labeling of food developed with the use of bioengineering the manner in which the food has been modified to express traits or characteristics that differ from its comparable marketed food (as defined in section 424); or (B) from disclosing in advertisements, on the Internet, in response to consumer inquiries, or on other communications, other than in the labeling, that a food was developed with the use of bioengineering. (c) Definition The term bioengineered organism means a bioengineered organism, as such term is used in section 301(ddd). . 104. Preemption (a) In general Section 403A(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343–2(a) ) is amended by adding at the end the following: (7) any requirement for the labeling of food of the type described in subsection (a)(1) or (b)(1) of section 425 that is not identical to the requirement of such section, or . (b) Prohibition against mandatory labeling Section 403A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343–1 ) is amended by adding at the end the following: (c) Prohibitions against mandatory labeling of food developed using bioengineering Except for claims under subsection (a)(1) or (b)(1) of section 425, no State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate commerce any requirement for the labeling of a food by virtue of its having been developed using bioengineering, including any requirements for claims that a food is or contains an ingredient that was developed using bioengineering. . II Natural foods 201. Labeling of natural foods Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 103 of this Act, is further amended by adding at the end the following: (aa) (1) If its labeling contains an express or implied claim that the food is natural unless the claim is made in accordance with subparagraph (2). (2) A claim described in subparagraph (1) may be made only if the claim uses terms that have been defined by, and the food meets the requirements that have been established in, regulations promulgated to carry out this paragraph. (3) Notwithstanding subparagraph (2), prior to the finalization of regulations to carry out this paragraph, the use of any claim that a food is natural shall be allowed if consistent with the Secretary’s existing policy for such claims. (4) In promulgating regulations to carry out this paragraph, the Secretary shall differentiate between food for human consumption and food intended for consumption by animals other than humans. (5) For purposes of subparagraph (1), a natural claim includes the use of— (A) the terms natural , 100% natural , naturally grown , all natural , and made with natural ingredients ; and (B) any other terms specified by the Secretary. . 202. Regulations (a) Proposed regulations Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue proposed regulations to implement section 403(aa) of the Federal Food, Drug, and Cosmetic Act, as added by section 201 of this Act. (b) Final regulations Not later than 24 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to implement such section 403(aa). 203. Preemption Section 403A(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343–1(a) ), as amended by section 104 of this Act, is further amended by adding at the end the following: (8) any requirement for the labeling of food of the type required by section 403(aa) that is not identical to the requirement of such section. . 204. Effective date The labeling requirements of section 403(aa) of the Federal Food, Drug, and Cosmetic Act, as added by section 201 of this Act, shall take effect on the effective date of final regulations promulgated under section 202(b) of this Act. The provisions of section 403A(a)(8) of the Federal Food, Drug, and Cosmetic Act, as added by section 203 of this Act, take effect on the date of enactment of this Act.
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113-hr-4433
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I 113th CONGRESS 2d Session H. R. 4433 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Turner (for himself, Mr. Rogers of Alabama , and Mr. McKeon ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Armed Services and Select Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide military assistance to Ukraine, to enhance the presence and capabilities of the United States military in Europe, and for other purposes.
1. Short title; table of contents; definitions (a) Short title This Act may be cited as the Forging Peace Through Strength in Ukraine and the Transatlantic Alliance Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; definitions. Sec. 2. Sense of Congress. Sec. 3. Strategic framework for United States security force assistance and cooperation in the European and Eurasian regions. Sec. 4. Requirement for plan to increase intelligence and cyber cooperation with Ukraine. Sec. 5. Enhancing presence and capabilities of United States military in Europe. Sec. 6. Enhancing readiness posture of United States military in Europe. Sec. 7. Posturing United States strategic capabilities. Sec. 8. Limitation on military contact and cooperation between the United States and the Russian Federation. Sec. 9. Limitation on non-proliferation activities between the United States and the Russian Federation. Sec. 10. Annual report on military and security developments involving the Russian Federation. (c) Definitions In this Act: (1) Appropriate congressional committees Except as otherwise provided, the term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. (2) Congressional defense committees The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. (3) NATO The term NATO means the North Atlantic Treaty Organization. (4) Treaties defined (A) CFE Treaty The term CFE Treaty means the Treaty on Conventional Armed Forces in Europe, signed at Paris November 19, 1990, and entered into force July 17, 1992. (B) INF Treaty The term INF Treaty means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the Intermediate-Range Nuclear Forces (INF) Treaty, signed at Washington December 8, 1987, and entered into force June 1, 1988. (C) North Atlantic Treaty The term North Atlantic Treaty means the North Atlantic Treaty signed at Washington, April 4, 1949, and entered into force August 24, 1949. 2. Sense of Congress (a) Findings Congress finds the following: (1) On March 1, 2014, Russian Federation President Vladimir Putin sought and received from the upper house of the Russian parliament the standing authorization of the use of military force to send Russian forces into Ukrainian territory. (2) On March 2, 2014, Russian troops invaded the Ukrainian territory of Crimea, seizing control of the peninsula, border crossings, government and administrative buildings, key infrastructure, and surrounding Ukrainian military bases. (3) From February 26 to March 3, 2014, President Putin directed exercises of 150,000 troops, including air and naval forces, and live fire demonstrations in western Russia, near the border with Ukraine. (4) On March 3, 2014, the Department of Defense announced it was suspending United States military engagement with Russia. (5) On March 12, 2014, in response to Russian aggression and provocations, the United States deployed additional F–15 aircraft to NATO’s Baltic Air Policing Mission and F–16 aircraft to an aviation detachment in Poland. (6) On March 16, 2014, Crimea held a referendum on seceding from Ukraine and accede to the Russian Federation, which violated the Ukrainian constitution, occurred under duress of Russian military intervention, and was not recognized by the international community. (7) On March 20, 2014, the Russian parliament voted to annex Crimea and Russian President Putin signed the treaty of accession annexing Crimea to the Russian Federation. (8) On March 23, 2014, NATO Supreme Allied Command and Commander of U.S. European Command, General Philip Breedlove stated that the Russian force that is at the Ukrainian border now to the east is very, very sizeable and very, very ready . (9) The Government of the Federation of Russian continues to provoke demonstrations and violence in Ukraine in order to create a false narrative of separatism and illegal justification for Russian intervention. (10) On April 3, 2014, NATO Supreme Allied Commander and Commander of U.S. European Command, General Philip Breedlove, stated that Russia has 40,000 troops capable of moving within 12 hours with elements of a Combined Arms Army, supported by fixed-wing aircraft, rotary aircraft, and the logistics required in order to successfully make an incursion. (b) Sense of Congress It is the sense of the Congress that— (1) the continuing and long-standing pattern and practice by the Government of the Russian Federation of physical, diplomatic, and economic aggression toward neighboring countries is clearly intended to undermine regional security and stability; (2) the Russian military build-up and aggressive posture on the eastern border of Ukraine represents a deliberate intent to intimidate Ukraine and its citizens to submit to Russian control; (3) the Russian Federation should immediately cease all improper and illegal activities in Ukraine, including the seizures of airfields and other locations, and President Putin should direct an immediate return of Russian forces to their barracks; (4) the United States reaffirms its strong commitment to the 1994 Budapest Memorandum on Security Assurances which was executed jointly with the Russian Federation and the United Kingdom to explicitly secure the independence, sovereignty, and territorial integrity and borders of Ukraine; (5) the United States supports the continued professionalization of the Ukrainian military and should enhance United States direct security cooperation with the Ukrainian military; (6) the United States reaffirms its defense commitments to its treaty allies under Article 5 of the North Atlantic Treaty; (7) the United States supports the expansion of security cooperation with states in Central and Eastern Europe, including NATO member states, NATO aspirants, and appropriate Eastern Partnership countries; (8) the United States should seek immediate membership in NATO for Montenegro, a NATO Membership Action Plan for Georgia, a diplomatic solution to disputes between Macedonia and Greece, and seek resolution to the constitutional issues of Bosnia and Herzegovina; (9) the United States reaffirms its support for the Supreme Allied Commander of Supreme Headquarters, Allied Powers Europe to support NATO efforts to resolve the conflict peacefully and diplomatically; (10) the United States encourages the North Atlantic Council to act in a timely manner to direct the Supreme Allied Commander of Supreme Headquarters, Allied Powers Europe to begin the NATO Defense Planning Process to NATO contingency plans in response to a Russian invasion of Ukraine, including in Crimea, and establish political guidance and determine military capability requirements to effectively posture NATO military forces; and (11) the United States should take immediate steps to enhance its military presence and readiness posture in Europe to deter aggression and assure allies and partners through forward presence and engagement. 3. Strategic framework for United States security force assistance and cooperation in the European and Eurasian regions (a) Strategic framework (1) In general The Secretary of Defense, in coordination with the Secretary of State, shall develop a strategic framework for United States security force assistance and cooperation in the European and Eurasian regions. (2) Elements The strategic framework required by paragraph (1) shall include the following: (A) An evaluation of the extent to which the threat to security and stability in the European and Eurasian regions is a threat to the national security of the United States and the security interests of the NATO alliance. (B) An identification of the primary objectives, priorities, and desired end-states of United States security force assistance and cooperation programs in such regions and of the resources required to achieve such objectives, priorities, and end states. (C) A methodology for assessing the effectiveness of United States security force assistance and cooperation programs in such regions in making progress towards such objectives, priorities, and end-states, including an identification of key benchmarks for such progress. (D) Criteria for bilateral and multilateral partnerships in such regions. (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on the strategic framework required by subsection (a). (2) Form The report required by paragraph (1) shall be submitted in an unclassified form, but may include a classified annex. 4. Requirement for plan to increase intelligence and cyber cooperation with Ukraine (a) Plan required Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a plan to— (1) increase United States intelligence, surveillance, and reconnaissance capabilities devoted to monitoring the situation in Ukraine; (2) increase United States intelligence information sharing and situational awareness to the maximum extent practicable with Ukraine utilizing appropriate bilateral channels and the NATO–Ukraine Commission; (3) provide military advice and technical assistance to the Ukrainian military to enhance their defensive preparations and posture; (4) convene NATO member states and Ukraine to review options and implement prudent steps to increase the defense of United States, NATO and Ukraine cyber networks; (5) work with NATO member states and the Ukrainian military to counter Russian propaganda; and (6) provide any other types of intelligence and cyber cooperation with Ukraine and NATO members that the Secretary of Defense deems appropriate. (b) Form The plan required in subsection (a) shall be submitted in an unclassified form, but may include a classified annex. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate. 5. Enhancing presence and capabilities of United States military in Europe (a) Sense of Congress It is the sense of Congress that the President should immediately augment the Armed Forces of the United States in the area of responsibility of the United States European Command to ensure that the Commander of the United States European Command has the capabilities and capacity needed to meet operational plan requirements for response under Article 5 of the North Atlantic Treaty in support of a NATO ally. (b) Notification Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees— (1) notification that the Secretary has commenced the augmentation described in subsection (a), including— (A) the means through which the United States European Command has been provided the capabilities and capacity described in such subsection, including with respect to cyber, special operations, and intelligence capabilities to counter or mitigate conventional, unconventional, and subversive activities of the Russian Federation within the area of responsibility of such command; and (B) how such capabilities and capacity meet operational plan requirements; or (2) a detailed justification of the Secretary for failing to— (A) commence such augmentation; and (B) ensure that the Commander of the United States European Command has such capabilities and capacity. 6. Enhancing readiness posture of United States military in Europe (a) Sense of Congress It is the sense of Congress that the President should— (1) immediately correct deficiencies in the readiness of the Armed Forces of the United States in the area of responsibility of the United States European Command to meet the operational plan requirements for a response under Article 5 of the North Atlantic Treaty in support of a NATO ally; and (2) provide appropriate additional resources to NATO as needed to enhance the readiness of the forces of NATO member states if a response under Article 5 of the North Atlantic Treaty is required. (b) Notification Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees— (1) notification that— (A) the Secretary has commenced the actions described in paragraphs (1) and (2) of subsection (a); and (B) the current, as of the date of the notification, and the six-month projected readiness of the Armed Forces of the United States meet the augmentation described in section (4)(a); or (2) a detailed justification of the Secretary for failing to commence the actions described in paragraphs (1) and (2) of subsection (a). 7. Posturing United States strategic capabilities (a) Aegis Ashore system (1) In general Not later than December 31, 2016, and pursuant to an agreement between the United States and the Government of Poland, the Secretary of Defense shall ensure the operational availability of the Aegis Ashore system site in Poland. (2) Relocation of assets The Secretary may relocate the necessary assets of the Aegis weapon system between and within the DDG–51 Class Destroyer program and the Aegis Ashore program to meet mission requirements. (3) Briefings The Secretary shall provide to the congressional defense committees quarterly briefings to update the status of the progress in carrying out paragraph (1). (b) Theater air and missile defense (1) Findings Congress finds the following: (A) A Patriot battery of the United States providing a short-range air and missile defense capability has previously been rotationally deployed to Poland, pursuant to an agreement between the United States and the Government of Poland, during a period occurring between 2010 to 2012. (B) The deployment of the Patriot battery did not include operational missiles and was not replaced with another short-range air and missile defense system upon completion of the deployment rotation in 2012. (2) Policy It is the policy of the United States that available short-range air and missile defense systems and terminal missile defense systems of the United States with operational missiles be rotationally deployed to central and eastern European allies, pursuant to agreements between the United States and such allies, to strength the air and missile defense capabilities of such allies. (3) Missile defense capability of Poland (A) Not later than December 31, 2014, and pursuant to an agreement between the United States and the Government of Poland, the Secretary of Defense shall deploy to Poland a system providing a short-range air and missile defense capability or terminal missile defense capability, or both, and the personnel required to operate and maintain such system. (B) No action may be taken to effect or implement the removal of the system or the personnel described in subparagraph (A) unless— (i) at least 30 days before the removal, the Secretary of Defense notifies the congressional defense committees that such removal is temporary and in the national security interests of the United States; or (ii) the removal is requested by the Government of Poland in the manner provided in the agreement between the United States and the Government of Poland regarding the system and personnel. (4) Notification The Secretary of Defense shall notify the appropriate congressional committees by not later than 60 days after the date on which a NATO member state makes a request that communicates to the Secretary the interest of the member state in hosting missile defense capabilities described in paragraph (2) and the plan of the Secretary for addressing such request. (c) Forward Deployed Nuclear Weapons The Secretary of Defense shall immediately— (1) stop plans for the relocation and consolidation of dual-capable aircraft (as defined in section 497a of title 10, United States Code) of the United States that are based in Europe; (2) develop plans to temporarily base dual-capable aircraft of the United States in NATO member states that make requests to host such aircraft; (3) conduct siting studies for the construction of weapon storage and security systems and protective aircraft shelters in NATO members states that notify the Secretary of an interest in hosting such systems and shelters and to provide for reasonable burden sharing of associated non-recurring and recurring costs; and (4) coordinate with NATO member states on the policy considerations of a decision by the United States and its allies to alter the posture of forward deployed nuclear weapons and related capabilities of the United States. 8. Limitation on military contact and cooperation between the United States and the Russian Federation (a) Limitation None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the Department of Defense may be used for any bilateral military-to-military contact or cooperation between the Governments of the United States and the Russian Federation until the Secretary of Defense, in consultation with the Secretary of State, certifies to the appropriate congressional committees that— (1) the armed forces of the Russian Federation are no longer illegally occupying Ukrainian territory; (2) the Russian Federation is respecting the sovereignty of all Ukrainian territory; (3) the Russian Federation is no longer violating the INF Treaty; and (4) the Russian Federation is in compliance with the CFE Treaty and has lifted its suspension of Russian observance of its treaty obligations. (b) Waiver The Secretary of Defense may waive the limitation in subsection (a) if— (1) the Secretary of Defense, in coordination with the Secretary of State, submits to the appropriate congressional committees— (A) a notification that such a waiver is in the national security interest of the United States and a description of the national security interest covered by the waiver; and (B) a report, in unclassified form, explaining why the Secretary of Defense cannot make the certification under subsection (a); and (2) a period of 30 days has elapsed following the date on which the Secretary of Defense submits the information in the report under subparagraph (B). (c) Exception for certain military bases The certification requirement specified in paragraph (1) of subsection (a) shall not apply to military bases of the Russian Federation in Ukraine’s Crimean peninsula operating in accordance with its 1997 agreement on the Status and Conditions of the Black Sea Fleet Stationing on the Territory of Ukraine. (d) Definition In this section, the term bilateral military-to-military contact or cooperation — (1) means— (A) reciprocal visits and meetings by high-ranking delegations; (B) information sharing, policy consultations, security dialogues or other forms of consultative discussions; (C) exchanges of military instructors, training personnel, and students; (D) exchanges of information; (E) defense planning; and (F) military training or exercises; but (2) does not include any contact or cooperation that is in support of United States stability operations. (e) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds described in subsection (a) that are unobligated as of such date of enactment. 9. Limitation on non-proliferation activities between the United States and the Russian Federation (a) Limitation None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the National Nuclear Security Administration of the Department of Energy may be used for any contact, cooperation, or transfer of technology between the United States and the Russian Federation until the Secretary of Energy, in consultation with the Secretary of State and Secretary of Defense, certifies to the appropriate congressional committees that— (1) the armed forces of the Russian Federation are no longer illegally occupying Ukrainian territory; (2) the Russian Federation is respecting the sovereignty of all Ukrainian territory; (3) the Russian Federation is no longer violating the INF Treaty; and (4) the Russian Federation is in compliance with the CFE Treaty and has lifted its suspension of Russian observance of its treaty obligations. (b) Waiver The Secretary of Energy may waive the limitation in subsection (a) if— (1) the Secretary of Energy, in coordination with the Secretary of State and Secretary of Defense, submits to the appropriate congressional committees— (A) a notification that such a waiver is in the national security interest of the United States and a description of the national security interest covered by the waiver; and (B) a report, in an unclassified form, explaining why the Secretary of Energy cannot make a certification for such under subsection (a); and (2) a period of 30 days has elapsed following the date on which the Secretary of Energy submits the information in the report under subparagraph (B). (c) Exception for certain military bases The certification requirement specified in paragraph (1) of subsection (a) shall not apply to military bases of the Russian Federation in Ukraine’s Crimean peninsula operating in accordance with its 1997 agreement on the Status and Conditions of the Black Sea Fleet Stationing on the Territory of Ukraine. (d) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds described in subsection (a) that are unobligated as of such date of enactment. 10. Annual report on military and security developments involving the Russian Federation (a) Report Not later than June 1 of each year, the Secretary of Defense shall submit to the appropriate congressional committees a report, in both classified and unclassified form, on the current and future military power of the Russian Federation (in this section referred to as Russia ). The report shall address the current and probable future course of military-technological development of the Russian military, the tenets and probable development of Russian security strategy and military strategy, and military organizations and operational concepts, for the 20-year period following submission of such report. (b) Matters To be included A report required under subsection (a) shall include the following: (1) An assessment of the security situation in regions neighboring Russia. (2) The goals and factors shaping Russian security strategy and military strategy. (3) Trends in Russian security and military behavior that would be designed to achieve, or that are consistent with, the goals described in paragraph (2). (4) An assessment of Russia’s global and regional security objectives, including objectives that would affect NATO, the Middle East, and the People’s Republic of China. (5) A detailed assessment of the sizes, locations, and capabilities of Russian nuclear, special operations, land, sea, and air forces. (6) Developments in Russian military doctrine and training. (7) An assessment of the proliferation activities of Russia and Russian entities, as a supplier of materials, technologies, or expertise relating to nuclear weapons or other weapons of mass destruction or missile systems. (8) Developments in Russia’s asymmetric capabilities, including its strategy and efforts to develop and deploy cyberwarfare and electronic warfare capabilities, details on the number of malicious cyber incidents originating from Russia against Department of Defense infrastructure, and associated activities originating or suspected of originating from Russia. (9) The strategy and capabilities of Russian space and counterspace programs, including trends, global and regional activities, the involvement of military and civilian organizations, including state-owned enterprises, academic institutions, and commercial entities, and efforts to develop, acquire, or gain access to advanced technologies that would enhance Russian military capabilities. (10) Developments in Russia’s nuclear program, including the size and state of Russia’s stockpile, its nuclear strategy and associated doctrines, its civil and military production capacities, and projections of its future arsenals. (11) A description of Russia’s anti-access and area denial capabilities. (12) A description of Russia’s command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and its applications for Russia’s precision guided weapons. (13) In consultation with the Secretary of Energy and the Secretary of State, developments regarding United States-Russian engagement and cooperation on security matters. (14) The current state of United States military-to-military contacts with the Russian Federation Armed Forces, which shall include the following: (A) A comprehensive and coordinated strategy for such military-to-military contacts and updates to the strategy. (B) A summary of all such military-to-military contacts during the one-year period preceding the report, including a summary of topics discussed and questions asked by the Russian participants in those contacts. (C) A description of such military-to-military contacts scheduled for the 12-month period following such report and the plan for future contacts. (D) The Secretary’s assessment of the benefits the Russians expect to gain from such military-to-military contacts. (E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. (F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the Russian Federation. (15) A description of Russian military-to-military relationships with other countries, including the size and activity of military attaché offices around the world and military education programs conducted in Russia for other countries or in other countries for the Russians. (16) Other military and security developments involving Russia that the Secretary of Defense considers relevant to United States national security.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4433ih/xml/BILLS-113hr4433ih.xml
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113-hr-4434
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I 113th CONGRESS 2d Session H. R. 4434 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Nunes (for himself, Mr. Keating , Mr. LoBiondo , Mr. Gerlach , Mr. Boustany , Mr. Calvert , Mr. Cook , Mr. Jones , Mr. Stivers , Mrs. Black , Mr. Wilson of South Carolina , Mr. Brady of Texas , Mr. Shuster , Mr. Coffman , Mr. Diaz-Balart , Mr. Tiberi , Mr. Valadao , Mr. Marchant , Mr. Latham , Ms. Ros-Lehtinen , Mr. Kinzinger of Illinois , Mr. Costa , Mr. Young of Indiana , Mr. Denham , Mr. Rohrabacher , Mr. Cole , Mr. LaMalfa , Mr. Duncan of South Carolina , Mr. Sessions , Mr. Westmoreland , Mr. Rodney Davis of Illinois , Mr. Thompson of California , Mr. Issa , Mr. Franks of Arizona , Mr. Chaffetz , Mr. Lamborn , Ms. Sewell of Alabama , Mr. Camp , Mr. Crawford , Mr. Terry , and Mr. Holding ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To require the Secretary of Defense to develop a plan to move United States Africa Command (AFRICOM) back to the continental United States, and for other purposes.
1. Short title This Act may be cited as the Africa Counter Terrorism Initiative Act . 2. Findings Congress finds the following: (1) The proliferation of terrorist groups is rampant in unstable countries in West and sub-Saharan Africa. The biggest regional threats include al-Qaeda in the Islamic Maghreb (AQIM), which has known ties to al-Qaeda in the Arabian Peninsula (AQAP), Boko Haram, and al-Shabab. The opportunity to expand the strategic reach and force projection of the United States into the theater of operations of the United States Africa Command (in this Act referred to as AFRICOM ) is now. With the United States strategic pivot to the Pacific now underway, the need to ensure retention of a strong Atlantic presence is a vital and delicate aspect of strategic re-positioning. (2) The United States Central Command operates from its headquarters in Tampa, Florida, with a forward operating location in Qatar. The United States Southern Command operates from its headquarters in Miami, Florida, with forward operating locations in Honduras and El Salvador. It is not unusual for United States military units and their combatant command headquarters to operate in different time zones. (3) Analyses conducted by the Government Accountability Office found that the annual recurring cost of maintaining a United States-based headquarters for AFRICOM would be $60 million to $70 million less than the cost of operating the AFRICOM headquarters in Stuttgart, Germany. The annual cost of providing AFRICOM personnel with overseas housing and cost-of-living pay was $81 million per year, compared with the $19 million to $25 million these would cost if the personnel were located in the United States. The break-even point to recover one-time relocation costs to the United States would be reached between 2 and 6 years after relocation, depending on the costs to establish facilities in the United States. Relocating AFRICOM to the continental United States could create up to 4,300 additional jobs, with an annual impact on the local economy ranging from $350 million to $450 million. (4) After an internal cost assessment, the Department of Defense decided to keep AFRICOM headquarters in Stuttgart, without fully explaining why the operational benefits of keeping the headquarters in Germany outweigh the benefit of potentially saving millions of dollars per year and creating thousands of jobs in the United States. (5) A review by the Government Accountability Office in 2013 of the Department’s decision to keep AFRICOM headquarters in Germany found that the decision was not supported by comprehensive and well-documented analysis that balanced the operational and cost benefits of the options available to the Department. (6) In April 2013, after the decision had been made to maintain AFRICOM headquarters in Germany, Secretary of Defense Chuck Hagel called on the Department to challenge all past assumptions in order to seek cost savings and efficiencies in a time of unprecedented shifts in the world order, new global challenges, and deep global fiscal uncertainty , to explore the full range of options for implementing United States national security strategy, and to put everything on the table . The Secretary stated that the size and shape of the military forces should constantly be reassessed. He stated that this reassessment should include determining the most appropriate balance between forward-stationed, rotationally deployed, and home-based forces. (7) It is within the strategic and fiscal responsibility of Congress to fully analyze and provide for the implementation of any consolidation of military installations. There are more than 110,000 troops and civilians stationed and employed at 29 military installations in Europe. Priority should be given to consolidating bases that are in close proximity to each other and that can achieve cost savings without detriment to operational readiness, such as Royal Air Force Station Mildenhall and Royal Air Force Station Lakenheath, as well as Moron Air Base, Spain, and Naval Station Rota, Spain. (8) Of particular concern is the decision to deploy assets to Moron Air Base, where the readiness and effectiveness of deployed troops is hindered by the lack of infrastructure to house, train, and equip them. Specifically, Moron lacks the facilities to properly perform ground and naval training operations, and only has limited ability to accomplish air training operations. By contrast, Lajes Field has implemented more than $150 million of major infrastructure upgrades over the past 12 years to improve the quality of life, upgrade communication capabilities, bolster security, and enhance military operations. With a nearby port, sprawling fields, and unrestricted airspace, Lajes Field has the unique ability to host extensive air, ground, and naval training operations. Lajes’ strategic location, infrastructure improvements, unrestricted air space, and outstanding training environment for all forces make this an indispensable asset and an ideal forward operating base for AFRICOM, as opposed to spending hundreds of millions of dollars to upgrade aging sites such as Moron Air Base, Spain. (9) It is in the national interest of the United States to save millions of dollars per year and bring thousands of jobs to the United States by moving AFRICOM headquarters from Stuttgart, Germany, to the continental United States. 3. Requirement for plan to move AFRICOM headquarters to continental United States (a) Plan required The Secretary of Defense shall develop a plan in accordance with subsection (b) to transfer the headquarters of AFRICOM from Stuttgart, Germany, to a location in the continental United States. (b) Matters covered (1) Assets of AFRICOM The plan required under this section shall provide for— (A) the 65th Air Base Wing to be an AFRICOM asset; (B) AFRICOM permanent assets (including assets related to air, ground, special operations, and logistics) to be located at Lajes Field, Azores, Portugal; and (C) the transfer of United States assets at Lajes Field from United States European Command to AFRICOM, for purposes of being the forward operating location, logistical hub, and location of assets of AFRICOM. (2) Relocations to Lajes Field The plan required under this section shall also provide for the relocation of the Special-Purpose Marine Air-Ground Task Force Crisis Response (SP–MAGTF CR) from Moron Air Base, Spain, to Lajes Field. (c) Submission to Congress The plan required under this section shall be submitted to Congress not later than 6 months after the date of the enactment of this Act. (d) Implementation of plan The Secretary of Defense shall implement the plan required by this section within 6 months after submission of the plan to Congress under subsection (c), and in no event later than 1 year after the date of the enactment of this Act. 4. Requirement for review of Agreement on Cooperation and Defense Between the United States and Portugal The Secretary of Defense shall conduct a review of the Agreement on Cooperation and Defense Between the United States and Portugal, signed at Lisbon June 1, 1995, to ensure that such Agreement accurately reflects and accounts for the plan required under section 3. 5. Continued operation of Lajes Field Effective until at least the date of completion of the 2018 quadrennial defense review, Lajes Field shall continue operating 24 hours a day, at or above its 2012 levels of readiness.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4434ih/xml/BILLS-113hr4434ih.xml
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113-hr-4435
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I 113th CONGRESS 2d Session H. R. 4435 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. McKeon (for himself and Mr. Smith of Washington ) (both by request) introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize appropriations for fiscal year 2015 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.
1. Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2015 . 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into two divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Title I—PROCUREMENT Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. Joint Improvised Explosive Device Defeat Fund. Sec. 106. Defense Production Act purchases. Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) defense education program. Sec. 212. Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems. Title III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Operation and maintenance funding. Subtitle B—Program Matters Sec. 311. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities. Sec. 312. Repeal of authority relating to use of military installations by civil reserve air fleet contractors. Sec. 313. Repeal of annual report on Department of Defense operation and financial support for military museums. Sec. 314. Memorial to the victims of the shooting attack at the Washington Navy Yard. Sec. 315. Environmental restoration at former Naval Air Station, Chincoteague, Virginia. Title IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Subtitle B—Reserve Forces Sec. 411. End strengths for selected reserve. Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2015 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 416. Management of military technicians. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. Title V—MILITARY PERSONNEL POLICY Subtitle A—Officer Personnel Policy Generally Sec. 501. Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers. Sec. 502. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties. Sec. 503. Authority for three-month deferral of retirement for officers selected for selective early retirement. Subtitle B—Reserve Component Management Sec. 511. Repeal of requirement for membership in specific unit of the Selected Reserve as a condition of employment as a military technician (dual status). Sec. 512. Retention on the reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees. Subtitle C—Member Education and Training Sec. 521. Inter-European Air Forces Academy. Sec. 522. Authority for Joint Special Operations University to award degrees. Sec. 523. Duration of foreign and cultural exchange activities at military service academies. Subtitle D—Defense Dependents’ Education and Military Family Readiness Matters Sec. 531. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse. Sec. 532. Authority to employ non-United States citizens as teachers in Department of Defense overseas dependents’ school system. Sec. 533. Expansion of the function of the Advisory Council on Dependents’ Education to include the domestic dependent elementary and secondary schools. Subtitle E—Other Matters Sec. 541. Procedures for judicial review of military personnel decisions relating to correction of military records. Sec. 542. Enforcement of rights under chapter 43 of title 38, United States Code, with respect to a State or private employer. Title VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle B—Travel and Transportation Allowances Sec. 621. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel. Sec. 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services. Title VII—HEALTHCARE PROVISIONS Sec. 711. Designation and responsibilities of senior medical advisor for Armed Forces Retirement Home. Sec. 712. Extension of authority for the joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 713. Elimination of inpatient day limits in provision of mental health services. Title VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A—Acquisition Policy and Management Sec. 801. Three-year extension of authority for Joint Urgent Operational Needs Fund. Subtitle B—Amendments to General Contract Authorities, Procedures, and Limitations Sec. 811. Authority for defense contract audit agency to interview contractor employees in connection with examination of contractor records. Sec. 812. Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy. Sec. 813. Recharacterization of changes to major automated information system programs. Sec. 814. Extension of special emergency procurement authority. Sec. 815. Extension of contract authority for advanced component development or prototype units. Title IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Sec. 901. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. Sec. 902. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad. Sec. 903. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies. Title X—GENERAL PROVISIONS Subtitle A—Financial Matters Sec. 1001. Authority for use of amounts recovered for damage to Government property. Subtitle B—Naval Vessels and Shipyards Sec. 1021. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning. Sec. 1022. Ensuring operational readiness of littoral combat ships on extended deployments. Sec. 1023. Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy. Subtitle C—Sexual Assault Prevention and Response Related Reforms Sec. 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system. Sec. 1032. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings. Subtitle D—Other Matters Sec. 1041. Technical and clerical amendments. Sec. 1042. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations. Sec. 1043. Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools. Sec. 1044. Transfer of functions of the veterans’ advisory board on dose reconstruction to the Secretaries of Veterans Affairs and Defense. Sec. 1045. Authority to accept certain voluntary services. Title XI—CIVILIAN PERSONNEL MATTERS Sec. 1101. Modifications to biennial strategic workforce plan relating to senior management, functional, and technical workforce of the Department of Defense. Sec. 1102. Authority to provide additional compensation for defense clandestine service employees. Sec. 1103. Pilot program for the temporary exchange of financial management personnel. Title XII—MATTERS RELATING TO FOREIGN NATIONS Sec. 1201. Enhanced authority to acquire products and services produced in Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility. Sec. 1202. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability. Sec. 1203. Revisions to Global Security Contingency Fund authority. Sec. 1204. Increase in annual limitation on transfer of excess defense articles. Title XIII—OTHER AUTHORIZATIONS Subtitle A—Military Programs Sec. 1301. Working capital funds. Sec. 1302. Joint Urgent Operational Needs Fund. Sec. 1303. Chemical agents and munitions destruction, defense. Sec. 1304. Drug interdiction and counter-drug activities, defense-wide. Sec. 1305. Defense Inspector General. Sec. 1306. Defense health program. Subtitle B—Other Matters Sec. 1311. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1312. Authorization of appropriations for Armed Forces Retirement Home. Title XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS Division B—MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Title XXI—ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2004 project. Sec. 2105. Modification of authority to carry out certain fiscal year 2013 projects. Sec. 2106. Extension of authorizations of certain fiscal year 2011 project. Sec. 2107. Extension of authorizations of certain fiscal year 2012 projects. Title XXII—NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification of authority to carry out certain fiscal year 2012 projects. Sec. 2206. Modification of authority to carry out certain fiscal year 2014 project. Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects. Sec. 2208. Extension of authorizations of certain fiscal year 2012 projects. Title XXIII—AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Authorization of appropriations, Air Force. Sec. 2303. Modification of authority to carry out certain fiscal year 2008 project. Sec. 2304. Extension of authorizations of certain fiscal year 2011 project. Sec. 2305. Extension of authorizations of certain fiscal year 2012 project. Title XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION Subtitle A—Defense Agency Authorizations Sec. 2401. Authorized defense agencies construction and land acquisition projects. Sec. 2402. Authorized energy conservation projects. Sec. 2403. Authorization of appropriations, defense agencies. Sec. 2404. Extension of authorizations of certain fiscal year 2011 project. Sec. 2405. Extension of authorizations of certain fiscal year 2012 projects. Sec. 2406. Extension of authorizations of certain fiscal year 2012 projects. Subtitle B—Chemical Demilitarization Authorizations Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. Sec. 2412. Modification of authority to carry out certain fiscal year 2000 project. Title XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Title XXVI—GUARD AND RESERVE FORCES FACILITIES Subtitle A—Project Authorizations and Authorization of Appropriations Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Subtitle B—Other Matters Sec. 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects. Sec. 2612. Modification of authority to carry out certain fiscal year 2013 project. Sec. 2613. Extension of authorization of certain fiscal year 2011 project. Title XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account. Title XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS Sec. 2801. Revisions to minor military construction authorities. Sec. 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities. Sec. 2803. Change in authorities relating to scope of work variations for military construction projects. I PROCUREMENT 101. Army Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army as follows: (1) For aircraft, $5,102,685,000. (2) For missiles, $1,017,483,000. (3) For weapons and tracked combat vehicles, $1,471,438,000. (4) For ammunition, $1,031,477,000. (5) For other procurement, $4,893,634,000. 102. Navy and Marine Corps Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Navy and Marine Corps as follows: (1) For aircraft, $13,074,317,000. (2) For weapons, including missiles and torpedoes, $3,217,945,000. (3) For shipbuilding and conversion, $14,400,625,000. (4) For other procurement, $5,975,828,000. (5) For procurement, Marine Corps, $983,352,000. (6) For ammunition procurement, Navy and Marine Corps, $771,945,000. 103. Air Force Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Air Force as follows: (1) For aircraft, $11,542,571,000. (2) For ammunition, $677,400,000. (3) For missiles, $4,690,506,000. (4) For other procurement, $16,566,018,000. 104. Defense-wide activities Funds are hereby authorized to be appropriated for fiscal year 2015 for Defense-wide procurement in the amount of $4,221,437,000. 105. Joint Improvised Explosive Device Defeat Fund Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Improvised Explosive Device Defeat Fund in the amount of $115,058,000. 106. Defense Production Act purchases Funds are hereby authorized to be appropriated for fiscal year 2015 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $21,638,000. II RESEARCH, DEVELOPMENT, TEST, AND EVALUATION A Authorization of Appropriations 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $6,593,898,000. (2) For the Navy, $16,266,335,000. (3) For the Air Force, $23,739,892,000. (4) For Defense-wide activities, $16,766,084,000. (5) For the Director of Operational Test and Evaluation, $167,738,000. B Program Requirements, Restrictions, and Limitations 211. Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) defense education program Subparagraph (B) of section 2192a(c)(1) of title 10, United States Code, is amended by striking in the Department of Defense and all that follows through the period at the end and inserting for the period of obligated service determined under paragraph (2)— (i) with the Department of Defense; or (ii) with a public or private sector entity or organization outside the Department of Defense if the Secretary of Defense determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department of Defense. . 212. Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 note) is amended by striking at least one half of the cost of such activities and inserting an appropriate share of the cost of such activities, as determined by the Secretary . III OPERATION AND MAINTENANCE A Authorization of Appropriations 301. Operation and maintenance funding Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $33,240,148,000. (2) For the Navy, $39,316,857,000. (3) For the Marine Corps, $5,909,487,000. (4) For the Air Force, $35,331,193,000. (5) For Defense-wide activities, $31,198,232,000. (6) For the Army Reserve, $2,490,569,000. (7) For the Navy Reserve, $1,007,100,000. (8) For the Marine Corps Reserve, $268,582,000. (9) For the Air Force Reserve, $3,015,842,000. (10) For the Army National Guard, $6,030,773,000. (11) For the Air National Guard, $6,392,859,000. (12) For the United States Court of Appeals for the Armed Forces, $13,723,000. (13) For the Department of Defense Acquisition Workforce Development Fund, $212,875,000. (14) For Environmental Restoration, Army, $201,560,000. (15) For Environmental Restoration, Navy, $277,294,000. (16) For Environmental Restoration, Air Force, $408,716,000. (17) For Environmental Restoration, Defense-wide, $8,547,000. (18) For Environmental Restoration, Formerly Used Defense Sites, $208,353,000. (19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $100,000,000. (20) For Cooperative Threat Reduction programs, $365,108,000. (21) For Overseas Contingency Operations Transfer Fund, $5,000,000. (22) For Support for International Sporting Competitions, Defense, $10,000,000. B Program Matters 311. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities (a) Eligible categories of transportation Subsection (a) of section 2642 of title 10, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking The Secretary and inserting Subject to subsection (b), the Secretary ; (2) in paragraph (3)— (A) by striking During the period beginning on October 28, 2009, and ending on October 28, 2019, for and inserting For ; (B) by striking of Defense the first place it appears and all that follows through military sales and inserting of Defense ; and (C) by striking , but only if and all that follows through commercial transportation industry ; and (3) by adding at the end the following new paragraphs: (4) For military transportation services provided in support of foreign military sales. (5) For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies). (6) For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity. . (b) Termination of authority for certain categories of transportation Such section is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Termination of authority for certain categories of transportation The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019. . (c) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 2642. Transportation services provided to certain non-Department of Defense agencies and entities: Use of Department of Defense reimbursement rate . (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 157 of such title is amended to read as follows: 2642. Transportation services provided to certain non-Department of Defense agencies and entities: Use of Department of Defense reimbursement rate. . 312. Repeal of authority relating to use of military installations by civil reserve air fleet contractors (a) Repeal Section 9513 of title 10, United States Code, is repealed. (b) Clerical amendment The table of sections at the beginning of chapter 931 of such title is amended by striking the item relating to section 9513. 313. Repeal of annual report on Department of Defense operation and financial support for military museums (a) In general Section 489 of title 10, United States Code, is repealed. (b) Clerical amendment The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489. 314. Memorial to the victims of the shooting attack at the Washington Navy Yard (a) Memorial authorized The Secretary of the Navy may establish, maintain, and repair a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard, Washington, DC, that occurred on September 16, 2013. (b) Location The memorial shall become part of the Washington Navy Yard. (c) Additional funding (1) Establishment of account An account shall be established on the books of the Treasury for the purpose of managing contributions received pursuant to paragraph (2). (2) Acceptance of contributions The Secretary of the Navy may establish procedures under which the Secretary may solicit and accept monetary contributions or gifts of property for the purpose of the activities described in subsection (a) without regard to limitations contained in section 2601 of title 10, United States Code. (3) Deposit of contributions The Secretary of the Navy shall deposit monetary contributions accepted under paragraph (2) in the account established under paragraph (1). The funds in the account established under paragraph (1) shall be available until expended without further appropriation, but only for the purposes described in subsection (a). 315. Environmental restoration at former Naval Air Station, Chincoteague, Virginia (a) Environmental restoration project Notwithstanding the administrative jurisdiction of the Administrator of the National Aeronautics and Space Administration over the Wallops Flight Facility, Virginia, the Secretary of Defense may undertake an environmental restoration project in a manner consistent with chapter 160 of title 10, United States Code, at the property constituting that facility in order to provide necessary response actions for contamination from a release of a hazardous substance or a pollutant or contaminant that is solely attributable to the activities of the Department of Defense at the time the property was under the administrative jurisdiction of the Secretary of the Navy or used by the Navy pursuant to a permit or license issued by the National Aeronautics and Space Administration in the area formerly known as the Naval Air Station, Chincoteague, Virginia. Any such project may be undertaken jointly or in conjunction with an environmental restoration project of the Administrator. (b) Interagency agreement The Secretary and the Administrator may enter into an agreement or agreements to provide for the effective and efficient performance of environmental restoration projects for purposes of subsection (a). Notwithstanding section 2215 of title 10, United States Code, any such agreement may provide for environmental restoration projects conducted jointly or by one agency on behalf of the other or both agencies and for reimbursement of the agency conducting the project by the other agency for that portion of the project for which the reimbursing agency has authority to respond. (c) Source of Department of Defense funds Pursuant to section 2703(c) of title 10, United States Code, the Secretary may use funds available in the Environmental Restoration, Formerly Used Defense Sites, account of the Department of Defense for environmental restoration projects conducted for or by the Secretary under subsection (a) and for reimbursable agreements entered into under subsection (b). IV MILITARY PERSONNEL AUTHORIZATIONS A Active Forces 401. End strengths for active forces The Armed Forces are authorized strengths for active duty personnel as of September 30, 2015, as follows: (1) The Army, 490,000. (2) The Navy, 323,600. (3) The Marine Corps, 184,100. (4) The Air Force, 310,900. B Reserve Forces 411. End strengths for selected reserve (a) In general The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2015, as follows: (1) The Army National Guard of the United States, 350,200. (2) The Army Reserve, 202,000. (3) The Navy Reserve, 57,300. (4) The Marine Corps Reserve, 39,200. (5) The Air National Guard of the United States, 105,000. (6) The Air Force Reserve, 67,100. (7) The Coast Guard Reserve, 9,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for reserves on active duty in support of the reserves Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2015, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 31,385. (2) The Army Reserve, 16,261. (3) The Navy Reserve, 9,973. (4) The Marine Corps Reserve, 2,261. (5) The Air National Guard of the United States, 14,704. (6) The Air Force Reserve, 2,830. 413. End strengths for military technicians (dual status) The minimum number of military technicians (dual status) as of the last day of fiscal year 2015 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 27,210. (2) For the Army Reserve, 7,895. (3) For the Air National Guard of the United States, 21,792. (4) For the Air Force Reserve, 9,789. 414. Fiscal year 2015 limitation on number of non-dual status technicians (a) Limitations (1) National guard Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2015, may not exceed the following: (A) For the Army National Guard of the United States, 1,600. (B) For the Air National Guard of the United States, 350. (2) Army reserve The number of non-dual status technicians employed by the Army Reserve as of September 30, 2015, may not exceed the number in effect for the Army Reserve under section 10217(c)(1) of title 10, United States Code. (3) Air force reserve The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2015, may not exceed 90. (b) Non-Dual status technicians defined In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code. 415. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2015, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. 416. Management of military technicians (a) Designation of non-Dual status technician positions Subsection (a) of section 10217 of title 10, United States Code, is amended— (1) in paragraph (1), by striking a technician and inserting an employee of the Department of Defense ; (2) by striking or at the end of paragraph (2); (3) by striking the period at the end of paragraph (3) and inserting ; or ; and (4) by adding at the end the following new paragraph: (4) is serving in the Army Reserve in a position designated by the Secretary of the Army to be filled by a non-dual status technician. . (b) Revised limitation on number of army reserve technicians Subsection (c)(1) of such section is amended— (1) by inserting (A) after (1) ; (2) by designating the second sentence as subparagraph (C); (3) by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph: (B) The total number of non-dual status technicians employed by the Army Reserve may not exceed 60 percent of the total number of military technicians employed by the Army Reserve. ; and (4) in subparagraph (C), as designated by paragraph (2), by striking the preceding sentence and inserting subparagraph (A) or subparagraph (B), as the case may be . (c) Loss of status as a military technician (Dual Status) Section 10218(a)(3) of such title is amended— (1) in subparagraph (A)(ii)— (A) by inserting military after not a ; and (B) by inserting (dual status) after technician ; and (2) in subparagraph (B), by inserting in a position designated for military technician (dual status) after non-dual status technician . C Authorization of Appropriations 421. Military personnel (a) Authorization of appropriations There is hereby authorized to be appropriated for military personnel for fiscal year 2015 a total of $128,957,593,000. (b) Construction of authorization The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2015. V MILITARY PERSONNEL POLICY A Officer Personnel Policy Generally 501. Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers (a) Repeal of annual reports (1) Joint officer management Section 667 of title 10, United States Code, is repealed. (2) Promotion policy objectives for joint officers Section 662 of such title is amended— (A) by striking (a) Qualifications.— ; and (B) by striking subsection (b). (b) Clerical amendment The table of sections at the beginning of chapter 38 of such title is amended by striking the item relating to section 667. 502. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties Section 581(d) of title 10, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) by designating the second sentence of paragraph (1) as paragraph (2); and (3) in paragraph (2), as so designated— (A) by striking the list shall include each and inserting the list shall include— (A) the name of each ; (B) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following new subparagraph: (B) with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary. . 503. Authority for three-month deferral of retirement for officers selected for selective early retirement (a) Warrant officers Section 581(e) of title 10, United States Code, is amended— (1) by striking 90 days and inserting three months ; and (2) by inserting after the first sentence the following new sentence: An officer recommended for early retirement under this section, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. . (b) Officers on the active-Duty list Section 638(b) of such title is amended— (1) in paragraph (1), by inserting before the period at the end of subparagraph (B) the following: , with such retirement under that section to be not later than the first day of the month beginning after the month in which the officer becomes qualified for retirement under that section, or on the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement, whichever is later ; and (2) in paragraph (3)— (A) by striking 90 days and inserting three months ; and (B) by inserting after the first sentence the following new sentences: An officer recommended for early retirement under subparagraph (b)(1)(A) or under section 638a of this title, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. The Secretary concerned may defer the retirement of an officer otherwise approved for early retirement under subparagraph (b)(1)(B), but in no case later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. An officer recommended for early retirement under subparagraph (b)(2), if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the thirteenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. . B Reserve Component Management 511. Repeal of requirement for membership in specific unit of the Selected Reserve as a condition of employment as a military technician (dual status) (a) Repeal of unit membership requirement Section 10216 of title 10, United States Code, is amended by striking subsection (d). (b) Conforming amendment Subsection (g) of such section is amended by striking subsection (d) of this section or . 512. Retention on the reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees (a) Retention of certain first lieutenants and lieutenants (Junior grade) following nonselection for promotion Subsection (a)(1) of section 14701 of title 10, United States Code, is amended— (1) by inserting (A) after (1) ; (2) by striking A reserve office of and inserting A reserve officer of the Army, Navy, Air Force, or Marine Corps described in subparagraph (B) who is required to be removed from the reserve active-status list under section 14504 of this title, or a reserve officer of ; (3) by inserting a comma after 14507 of this title ; and (4) by adding at the end the following new subparagraph: (B) A reserve officer described in this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), who— (i) is a health professions officer; or (ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree. . (b) Retention of health professions officers Such section is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Continuation of health professions officers (1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law. (2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service. (3) A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law. . C Member Education and Training 521. Inter-European Air Forces Academy (a) In general Chapter 907 of title 10, United States Code, is amended by inserting after section 9415 the following new section: 9416. Inter-European Air Forces Academy (a) Operation The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy for the purpose of providing military education and training to military personnel of countries that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2347 et seq. ). (b) Eligible countries (1) No foreign force may be trained under the authority of this section without the concurrence of the Secretary of State. (2) The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. (c) Costs The costs of operating and maintaining the Inter-European Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force. (d) Supplies and clothing The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this chapter— (1) transportation incident to the training; (2) supplies and equipment to be used during the training; and (3) billeting, food, and health services. (e) Living allowance The Secretary of the Air Force may pay to a person receiving training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances. (f) Maintenance The Secretary of the Air Force may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this chapter. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9415 the following new item: 9416. Inter-European Air Forces Academy. . 522. Authority for Joint Special Operations University to award degrees (a) In general Chapter 108 of title 10, United States Code, is amended by inserting after section 2163 the following new section: 2163a. Degree granting authority for Joint Special Operations University (a) Authority Under regulations prescribed by the Secretary of Defense, the President of the Joint Special Operations University may, upon the recommendation of the faculty of the Joint Special Operations University, confer appropriate degrees upon graduates who meet the degree requirements. (b) Limitation A degree may not be conferred under this section unless— (1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (2) the Joint Special Operations University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2163 the following new item: 2163a. Degree granting authority for Joint Special Operations University. . 523. Duration of foreign and cultural exchange activities at military service academies (a) Military academy Section 4345a(a) of title 10, United States Code, is amended by striking two weeks and inserting four weeks . (b) Naval academy Section 6957b(a) of such title is amended by striking two weeks and inserting four weeks . (c) Air force academy Section 9345a(a) of such title is amended by striking two weeks and inserting four weeks . D Defense Dependents’ Education and Military Family Readiness Matters 531. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse Subsection (d)(4) of section 1059 of title 10, United States Code, is amended by striking as of the date on which the individual described in subsection (b) is separated from active duty and inserting as of the date on which the separation action is initiated by a commander of the individual described in subsection (b) . 532. Authority to employ non-United States citizens as teachers in Department of Defense overseas dependents’ school system Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)(A)) is amended by inserting or a local national who teaches a host nation language course after who is a citizen of the United States . 533. Expansion of the function of the Advisory Council on Dependents’ Education to include the domestic dependent elementary and secondary schools (a) Expansion of functions Subsection (c) of section 1411 of the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 929 ) is amended— (1) in paragraph (1), by inserting , and of the domestic dependent elementary and secondary school system established under section 2164 of title 10, United States Code, after of the defense dependents’ education system ; and (2) in paragraph (2), by inserting and in the domestic dependent elementary and secondary school system before the comma at the end. (b) Membership of council Subsection (a)(1)(B) of such section is amended— (1) by inserting and the domestic dependent elementary and secondary schools established under section 2164 of title 10, United States Code after the defense dependents’ education system ; and (2) by inserting either before such system . E Other Matters 541. Procedures for judicial review of military personnel decisions relating to correction of military records (a) Availability of judicial review; limitations (1) In general Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section: 1560. Judicial review of decisions relating to correction of military records (a) Availability of judicial review (1) In general Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of title 5, any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter. (2) Records correction final decision defined In this section, the term records correction final decision means any of the following decisions: (A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title. (B) A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(g) of this title. (C) A final decision issued by the Secretary of Defense pursuant to section 1034(h) of this title. (D) A final decision issued by the Secretary concerned pursuant to section 1554a of this title. (b) Exhaustion of administrative remedies (1) General rule Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless— (A) the petitioner has requested a correction under sections 1552 or 1554a of this title (including such a request in a matter arising under section 1034 of this title); and (B) the Secretary concerned has rendered a final decision denying that correction in whole or in part. (2) Whistleblower cases When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(h) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the earlier of the following occurs: (A) The Secretary of Defense makes a decision in the matter. (B) The period specified in section 1034(h) of this title for the Secretary to make a decision in the matter expires. (3) Class actions If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified. (4) Timeliness Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction. (c) Statutes of limitation (1) Six years from final decision A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision. (2) Six years for certain claims that may result in payment of money (A) In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision. (B) Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money either under a court order or under a subsequent administrative determination, other than payments made under— (i) chapter 61 of this title to a claimant who prior to such records correction final decision, was not the subject of a decision by a physical evaluation board or by any other board authorized to grant disability payments to the claimant; or (ii) chapter 73 of this title. (d) Habeas corpus This section does not affect any cause of action arising under chapter 153 of title 28. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1560. Judicial review of decisions. . (b) Effect of denial of request for correction of records when prohibited personnel action alleged (1) Notice of denial; procedures for judicial review Subsection (g) of section 1034 of such title is amended by adding at the end the following new paragraph: (7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member— (A) a concise written statement of the basis for the decision; and (B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. . (2) Secretary of defense review; notice of denial Subsection (h) of such section is amended— (A) by inserting (1) before Upon the completion of all ; and (B) by adding at the end the following new paragraph: (2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member— (A) a concise written statement of the basis for the decision; and (B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. . (3) Sole basis for judicial review Such section is further amended— (A) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (B) by inserting after subsection (h) the following new subsection (i): (i) Judicial review (1) A decision of the Secretary of Defense under subsection (h) shall be subject to judicial review only as provided in section 1560 of this title. (2) In a case in which review by the Secretary of Defense under subsection (h) was not sought, a decision of the Secretary of a military department under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title. (3) A decision by the Secretary of Homeland Security under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title. . (c) Effect of denial of other requests for correction of military records Section 1552 of such title is amended by adding at the end the following new subsections: (h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant— (1) a concise written statement of the basis for the decision; and (2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. (i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . (d) Judicial review of corrections recommended by the physical disability board of review Section 1554a of such title is amended— (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections (f) and (g): (f) Record of decision and notification In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary shall provide to the member or former member— (1) a concise written statement of the basis for the decision; and (2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. (g) Judicial review A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . (e) Effective date and application (1) In general The amendments made by this section shall take effect on January 1, 2016, and shall apply to all final decisions of the Secretary of Defense under section 1034(h) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(g), 1552, or 1554a of such title rendered on or after such date. (2) Treatment of existing cases This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1). (f) Implementation The Secretary of a military department and the Secretary of Homeland Security (in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense. 542. Enforcement of rights under chapter 43 of title 38, United States Code, with respect to a State or private employer (a) Action for relief (1) Initiation of actions Paragraph (1) of subsection (a) of section 4323 of title 38, United States Code, is amended by striking the third sentence and inserting the following new sentences: If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may commence an action for relief under this chapter. The person on whose behalf the complaint is referred may, upon timely application, intervene in such action and may obtain such appropriate relief as provided in subsections (d) and (e). . (2) Attorney general notice to servicemember of decision Paragraph (2) of such subsection is amended to read as follows: (2) (A) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted— (i) if the Attorney General has made a decision about whether the United States will commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and (ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision. (B) If the Attorney General notifies a person of when the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision. . (3) Pattern or practice cases Such subsection is further amended— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) (as amended by paragraph (2) of this subsection) the following new paragraph (3): (3) Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights or benefits secured by this chapter, the Attorney General may commence a action under this chapter. . (4) Actions by private persons Subparagraph (C) of paragraph (4) of such subsection, as redesignated by paragraph (3)(A), is amended by striking refused and all that follows and inserting notified by the Department of Justice that the Attorney General does not intend to bring a civil action. . (b) Sovereign immunity Paragraph (2) of subsection (b) of section 4323 of such title is amended to read as follows: (2) (A) In the case of an action against a State (as an employer), any instrumentality of a State, or any officer or employee of a State or instrumentality of a State acting in that officer or employee’s official capacity, by any person, the action may be brought in the appropriate district court of the United States or in a State court of competent jurisdiction, and the State, instrumentality of the State, or officer or employee of the State or instrumentality acting in that officer or employee’s official capacity shall not be immune under the Eleventh Amendment of the Constitution, or under any other doctrine of sovereign immunity, from such action. (B) (i) No State, instrumentality of such State, or officer or employee of such State or instrumentality of such State, acting in that officer or employee’s official capacity, that receives or uses Federal financial assistance for a program or activity shall be immune, under the Eleventh Amendment of the Constitution or under any other doctrine of sovereign immunity, from suit in Federal or State court by any person for any violation under this chapter related to such program or activity. (ii) In an action against a State brought pursuant to subsection (a), a court may award the remedies (including remedies both at law and in equity) that are available under subsections (d) and (e). . (c) Venue for cases against private employers Subsection (c)(2) of such section is amended by striking United States district court for any district in which the private employer of the person maintains a place of business. and inserting United States district court for— (A) any district in which the employer maintains a place of business; (B) any district in which a substantial part of the events or omissions giving rise to the claim occurred; or (C) if there is no district in which an action may otherwise be brought as provided in subparagraph (A) or (B), any district in which the employer is subject to the court’s personal jurisdiction with respect to such action. . (d) Compensatory and punitive damages Subsection (d)(1) of such section is amended by striking subparagraph (C) and inserting the following new subparagraphs: (C) The court may require the employer to pay the person compensatory damages suffered by reason of such employer’s failure to comply with the provisions of this chapter. (D) The court may require the employer (other than a government, government agency, or political subdivision) to pay the person punitive damages if the court determines that the employer failed to comply with the provisions of this chapter with reckless indifference to the federally protected rights of the person. (E) The sum of the amount of compensatory damages awarded under this section and the amount of punitive damages awarded under this section, may not exceed, for each person the following: (i) In the case of an employer who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000. (ii) In the case of an employer who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000. (iii) In the case of an employer who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000. (iv) In the case of an employer who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000. . (e) Standing Subsection (f) of such section is amended— (1) by inserting by the United States or after may be initiated only ; and (2) by striking or by the United States under subsection (a)(1) . (f) Attorney fees and other litigation expenses Subsection (h)(2) of such section is amended striking subsection (a)(2) and inserting subsection (a)(1) or subsection (a)(4) . (g) Pension contribution calculations Subsection (b) of section 4318 of such title is amended— (1) in paragraph (3)(B), by striking on the basis of and all the follows and inserting on the basis specified in paragraph (4). ; and (2) by adding at the end the following new paragraph: (4) The basis for a computation under paragraph (3) to which subparagraph (B) of that paragraph applies is as follows: (A) If the period of service described in subsection (a)(2)(B) is one year or less, the computation shall be made on the basis of the employee’s average rate of compensation during the 12-month period immediately preceding such period or, if shorter, the period of employment immediately preceding such period. (B) If the period of such service is more than one year, the computation shall be made on the basis of the average rate of compensation during such period of service of employees of that employer who are similarly situated to the servicemember in terms of having similar seniority, status, and pay. . (h) Disability discovered after employee resumes employment Subsection (a)(3) of section 4313 of such title is amended by inserting including a disability that is brought to the employer’s attention within five years after the person resumes employment, after during, such service, . (i) Burden of identifying proper reemployment positions Section 4313 of such title is further amended by adding at the end the following new subsection: (c) For purposes of this section, the employer shall have the burden of identifying the appropriate reemployment positions. . (j) Civil investigative demands Section 4323 of such title is further amended by adding at the end the following new subsection: (j) Issuance and service of civil investigative demands by attorney general (1) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this chapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and cause to be served upon such person, a civil investigative demand requiring— (A) the production of such documentary material for inspection and copying; (B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (C) the production of any combination of such documentary material or answers. (2) The provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 of title 31 (known as the False Claims Act ) shall govern the authority to issue, use, and enforce civil investigative demands under paragraph (1), except that for purposes of that paragraph— (A) a reference in that section to false claims law investigators or investigations shall be applied as referring to investigators or investigations under this chapter; (B) a reference to interrogatories shall be applied as referring to written questions, and answers to such need not be under oath; (C) the statutory definitions for purposes of that section relating to false claims law shall not apply; and (D) provisions of that section relating to qui tam relators shall not apply. . VI COMPENSATION AND OTHER PERSONNEL BENEFITS A Bonuses and Special and Incentive Pays 611. One-year extension of certain expiring bonus and special pay authorities (a) Authorities relating to reserve forces The following sections of title 37, United States Code, are amended by striking December 31, 2014 and inserting December 31, 2015 : (1) Section 308b(g), relating to Selected Reserve reenlistment bonus. (2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus. (3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units. (4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service. (5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service. (6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service. (7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. (b) Title 10 authorities relating to health care professionals The following sections of title 10, United States Code, are amended by striking December 31, 2014 and inserting December 31, 2015 : (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Title 37 authorities relating to health care professionals The following sections of title 37, United States Code, are amended by striking December 31, 2014 and inserting December 31, 2015 : (1) Section 302c–1(f), relating to accession and retention bonuses for psychologists. (2) Section 302d(a)(1), relating to accession bonus for registered nurses. (3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists. (4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties. (5) Section 302h(a)(1), relating to accession bonus for dental officers. (6) Section 302j(a), relating to accession bonus for pharmacy officers. (7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties. (8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties. (d) Authorities relating to nuclear officers The following sections of title 37, United States Code, are amended by striking December 31, 2014 and inserting December 31, 2015 : (1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. (2) Section 312b(c), relating to nuclear career accession bonus. (3) Section 312c(d), relating to nuclear career annual incentive bonus. (e) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 2014 and inserting December 31, 2015 : (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers. (4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (5) Section 335(k), relating to bonus and incentive pay authorities for officers in health professions. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (f) Other title 37 bonus and special pay authorities The following sections of title 37, United States Code, are amended by striking December 31, 2014 and inserting December 31, 2015 : (1) Section 301b(a), relating to aviation officer retention bonus. (2) Section 307a(g), relating to assignment incentive pay. (3) Section 308(g), relating to reenlistment bonus for active members. (4) Section 309(e), relating to enlistment bonus. (5) Section 324(g), relating to accession bonus for new officers in critical skills. (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage. (7) Section 327(h), relating to incentive bonus for transfer between the Armed Forces. (8) Section 330(f), relating to accession bonus for officer candidates. (9) Section 403(b)(7)(E), relating to basic allowance for housing. B Travel and Transportation Allowances 621. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel (a) Authority Subsection (e) of section 5911 of title 5, United States Code, is amended— (1) by striking The head and inserting (1) Except as provided in paragraph (2), the head ; and (2) by adding at the end the following new paragraph: (2) (A) The Secretary of Defense may require an employee of the Department of Defense or a member of the uniformed services under the Secretary’s jurisdiction performing duty on official travel to occupy adequate quarters on a rental basis when available. (B) A requirement under subparagraph (A) with respect to an employee of the Department of Defense may not be construed to be subject to negotiation under chapter 71 of this title. . (b) Definition of quarters Subsection (a)(5) of such section is amended by inserting or commercial lodging arranged through a Government lodging program after leased by the Government . 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services (a) Incorporation of IRS rate as single standard mileage rate applicable to automobiles Section 5704(a)(1) of title 5, United States Code, is amended by striking established by the Administrator shall not exceed in the last sentence and inserting shall be . (b) Establishment of mileage reimbursement rates (1) Elimination of automobiles from periodic investigations of cost of travel Paragraph (1)(A) of section 5707(b) of such title is amended— (A) by striking , in consultation with the Secretary of Transportation, the Secretary of Defense, and representatives of organizations of employees of the Government, ; and (B) by striking vehicles to and inserting airplanes and privately owned motorcycles by . (2) Reimbursement rate for automobiles Paragraph (2)(A)(i) of such section is amended by striking prescribe a mileage reimbursement rate which reflects the current costs as determined by the Administrator of operating privately owned automobiles, and which shall not exceed, and inserting provide that the mileage reimbursement rate for privately owned automobiles, . VII HEALTHCARE PROVISIONS 711. Designation and responsibilities of senior medical advisor for Armed Forces Retirement Home (a) Designation of senior medical advisor Subsection (a) of section 1513A of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 413a ) is amended— (1) in paragraph (1), by striking Deputy Director of the TRICARE Management Activity and inserting Deputy Director of the Defense Health Agency ; and (2) in paragraph (2), by striking Deputy Director of the TRICARE Management Activity both places it appears and inserting Deputy Director of the Defense Health Agency . (b) Clarification of responsibilities and duties of senior medical advisor Subsection (c)(2) of such section is amended by striking health care standards of the Department of Veterans Affairs and inserting nationally recognized health care standards and requirements . 712. Extension of authority for the joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund Subsection (e) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2573) is amended by striking September 30, 2015 and inserting September 30, 2016 . 713. Elimination of inpatient day limits in provision of mental health services Section 1079 of title 10, United States Code, is amended— (1) by striking paragraphs (6) and (7) of subsection (a); and (2) by striking subsection (i). VIII ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS A Acquisition Policy and Management 801. Three-year extension of authority for Joint Urgent Operational Needs Fund Section 2216a(e) of title 10, United States Code, is amended by striking September 30, 2015 and inserting September 30, 2018 . B Amendments to General Contract Authorities, Procedures, and Limitations 811. Authority for defense contract audit agency to interview contractor employees in connection with examination of contractor records (a) Authority Subsection (a)(1) of section 2313 of title 10, United States Code, is amended by inserting , interview employees, after is authorized to inspect the plant . (b) Applicability The amendment made by subsection (a) shall apply with respect to contracts entered into after the effective date of a revision to the Federal Acquisition Regulation to implement the amendment. 812. Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy Section 831(i)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 813) is amended by inserting United States Transportation Command, after United States Southern Command, . 813. Recharacterization of changes to major automated information system programs (a) Addition to covered determination of a significant change Subsection (c)(2) of section 2445c of title 10, United States Code, is amended— (1) by striking or at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ; or ; and (3) by adding at the end the following new subparagraph: (D) the automated information system or information technology investment failed to achieve a full deployment decision within five years after the Milestone A decision for the program or, if there was no Milestone A decision, the date when the preferred alternative is selected for the program (excluding any time during which program activity is delayed as a result of a bid protest). . (b) Removal of covered determination of a critical change Subsection (d)(3) of such section is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively. 814. Extension of special emergency procurement authority Section 1903(a) of title 41, United States Code, is amended— (1) by striking or at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (3) in support of a request from the Department of State or the United States Agency for International Development to facilitate the provision of humanitarian assistance, international disaster assistance, or other crisis-related assistance pursuant to the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ); or (4) in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). . 815. Extension of contract authority for advanced component development or prototype units (a) Extension of termination Subsection (b)(4) of section 819 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2302 note) is amended by striking September 30, 2014 and inserting September 30, 2019 . (b) Extension of report requirement Subsection (c) of such section is amended by striking March 30, 2013 and inserting March 30, 2018 . IX DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 901. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities (a) Permanent authority Section 431(a) of title 10, United States Code, is amended by striking the last sentence. (b) Period for required audits Section 432(b)(2) of such title is amended by striking annually in the first sentence and inserting biennially . 902. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad Section 926 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1541) is amended by striking subsection (b). 903. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies Section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 184 note) is amended— (1) in paragraph (1), by striking through 2014 and inserting through 2015 ; and (2) by striking paragraphs (2) and (3). X GENERAL PROVISIONS A Financial Matters 1001. Authority for use of amounts recovered for damage to Government property (a) Extension to personal property The first sentence of section 2782 of title 10, United States Code, is amended by striking real property both places it appears and inserting Government property . (b) Availability of recovered funds The second sentence of such section is amended— (1) by striking In such amounts as are provided in advance in appropriation Acts, amounts and inserting Amounts ; (2) by inserting merged with, and before available for use ; (3) by inserting and for the same period after same purposes ; and (4) by inserting a comma after circumstances as . (c) Clerical amendments (1) Section heading The heading of such section is amended by striking real and inserting Government . (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 165 of such title is amended to read as follows: 2782. Damage to Government property; disposition of amounts recovered. . B Naval Vessels and Shipyards 1021. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning Section 5942(a) of title 10, United States Code, is amended— (1) by inserting (1) after (a) ; and (2) by adding at the end the following new paragraph: (2) Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal. . 1022. Ensuring operational readiness of littoral combat ships on extended deployments (a) Authority Subsection (a) of section 7310 of title 10, United States Code, is amended— (1) by inserting Under the Jurisdiction of the Secretary of the Navy in the subsection heading after Vessels ; (2) by striking A naval vessel and inserting (1) Except as provided in paragraph (2), a naval vessel ; and (3) by adding at the end the following new paragraph: (2) (A) Subject to subparagraph (B), in the case of a naval vessel that is classified as a Littoral Combat Ship and that is operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel— (i) in a foreign shipyard; (ii) at a facility outside of a foreign shipyard; or (iii) at any other facility convenient to the vessel. (B) (i) Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) only if the work is performed by United States Government personnel or United States contractor personnel. (ii) Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy. . (b) Definitions Such section is further amended by adding at the end the following new subsection: (d) Definitions In this section: (1) The term corrective and preventive maintenance or repair means— (A) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and (B) scheduled maintenance or repair actions intended to prevent or discover functional failures, including scheduled periodic maintenance requirements and integrated class maintenance plan tasks that are time-directed maintenance actions. (2) The term facilities maintenance means— (A) preservation or corrosion control efforts, encompassing surface preparation and preservation of the structural facility to minimize effects of corrosion; and (B) cleaning services, encompassing— (i) light surface cleaning of ship structures and compartments; and (ii) deep cleaning of bilges to remove dirt, oily waste, and other foreign matter. . (c) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions . (2) Table of sections The table of sections at the beginning of chapter 633 of such title is amended by striking the item relating to section 7310 and inserting the following: 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions. . 1023. Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy (a) In general Chapter 645 of title 10, United States Code, is amended by adding at the end the following new section: 7525. Limited coastwise trade (a) Definition In his section, the term contractor-owned vessel means a dry dock, a tugboat, or a towing vessel that— (1) was built in the United States; (2) is owned or operated by an individual or entity that— (A) is under contract with the Navy to construct, maintain, or repair a vessel of the Navy; and (B) in conjunction with such contract, is operating under a special security agreement with the Secretary of Defense; (3) is used, pursuant to such contract, to construct, maintain, or repair a vessel of the Navy; and (4) is manned by United States citizens. (b) In general A contractor-owned vessel may, at the direction of the Secretary of the Navy, engage in coastwise trade for the exclusive purpose of performing a contract with the Navy to construct, maintain, or repair a vessel of the Navy, and any law pertaining to coastwise trade shall not apply to such vessel, the owner or operator of such vessel, or the operation of such vessel. (c) Notice The Secretary of the Navy shall provide notice to the Secretary of Homeland Security if a contractor-owned vessel is authorized, pursuant to this section, to engage in coastwise trade. (d) Limitation An authorization to engage in coastwise trade pursuant to this section shall be non-transferrable and shall expire— (1) on the date of the sale of the contractor-owned vessel; (2) on the date of that the contract with the Navy to construct, maintain, or repair a vessel of the Navy expires or that the Secretary of the Navy terminates such contract; or (3) in the event that the Secretary of Defense terminates the special security agreement with the contractor that owns the vessel. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 7525. Limited coastwise trade. . C Sexual Assault Prevention and Response Related Reforms 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system Section 543(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1562 note) is amended— (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. 1032. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings Section 586 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1435; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection: (f) Return of personal property upon completion of related proceedings Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the Armed Forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident. . D Other Matters 1041. Technical and clerical amendments (a) Amendment to national defense authorization act for fiscal year 2013 Effective as of January 2, 2013, and as if included therein as enacted, section 604(b)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1774) is amended by striking the National Defense Authorization Act for Fiscal Year 2013 and inserting this Act . (b) Amendments to title 10, United States Code, To reflect enactment of title 41, united states code Title 10, United States Code, is amended as follows: (1) Section 2013(a)(1) is amended by striking section 6101(b)–(d) of title 41 and inserting section 6101 of title 41 . (2) Section 2302 is amended— (A) in paragraph (7), by striking section 4 of such Act and inserting such section ; and (B) in paragraph (9)(A)— (i) by striking section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 ) and inserting chapter 15 of title 41 ; and (ii) by striking such section and inserting such chapter . (3) Section 2306a(b)(3)(B) is amended by striking section 4(12)(C)(i) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(C)(i) ) and inserting section 103(3)(A) of title 41 . (4) Section 2314 is amended by striking Sections 6101(b)–(d) and inserting Sections 6101 . (5) Section 2321(f)(2) is amended by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) ) and inserting section 104 of title 41 . (6) Section 2359b(k)(4)(A) is amended by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 ) and inserting section 110 of title 41 . (7) Section 2379 is amended— (A) in subsections (a)(1)(A), (b)(2)(A), and (c)(1)(B)(i), by striking section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) ) and inserting section 103 of title 41 ; and (B) in subsections (b) and (c)(1), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) ) and inserting section 104 of title 41 . (8) Section 2410m(b)(1) is amended— (A) in subparagraph (A)(i), by striking section 7 of such Act and inserting section 7104(a) of such title ; and (B) in subparagraph (B)(ii), by striking section 7 of the Contract Disputes Act of 1978 and inserting section 7104(a) of title 41 . (9) Section 2533(a) is amended by striking such Act in the matter preceding paragraph (1) and inserting chapter 83 of such tittle . (10) Section 2533b is amended— (A) in subsection (h)— (i) in paragraph (1), by striking sections 34 and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431) and inserting sections 1906 and 1907 of title 41 ; and (ii) in paragraph (2), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) ) and inserting section 104 of title 41 ; and (B) in subsection (m)— (i) in paragraph (2), by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 ) and inserting section 105 of title 41 ; (ii) in paragraph (3), by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 ) and inserting section 131 of title 41 ; and (iii) in paragraph (5), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) ) and inserting section 104 of title 41 . (11) Section 2545(1) is amended by striking section 4(16) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(16) ) and inserting section 131 of title 41 . (12) Section 7312(f) is amended by striking Section 3709 of the Revised Statutes ( 41 U.S.C. 5 ) and inserting Section 6101 of title 41 . (c) Amendments to other defense-Related statutes To reflect enactment of title 41, united states code (1) The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ) is amended as follows: (A) Section 846(a) ( 10 U.S.C. 2534 note) is amended— (i) by striking the Buy American Act ( 41 U.S.C. 10a et seq. ) and inserting chapter 83 of title 41, United States Code ; and (ii) by striking that Act and inserting that chapter . (B) Section 866 ( 10 U.S.C. 2302 note) is amended— (i) in subsection (b)(4)(A), by striking section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 ) and inserting chapter 15 of title 41, United States Code ; and (ii) in subsection (e)(2)(A), by striking section 4(13) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(13) ) and inserting section 110 of title 41, United States Code . (C) Section 893(f)(2) ( 10 U.S.C. 2302 note) is amended by striking section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 ) and inserting chapter 15 of title 41, United States Code . (2) The National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ) is amended as follows: (A) Section 805(c)(1) ( 10 U.S.C. 2330 note) is amended— (i) in subparagraph (A), by striking section 4(12)(E) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(E) ) and inserting section 103(5) of title 41, United States Code ; and (ii) in subparagraph (C)(i), by striking section 4(12)(F) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(F) ) and inserting section 103(6) of title 41, United States Code . (B) Section 821(b)(2) ( 10 U.S.C. 2304 note) is amended by striking section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) ) and inserting section 103 of title 41, United States Code . (C) Section 847 ( 10 U.S.C. 1701 note) is amended— (i) in subsection (a)(5), by striking section 27(e) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423(e) ) and inserting section 2105 of title 41, United States Code ; (ii) in subsection (c)(1), by striking section 4(16) of the Office of Federal Procurement Policy Act and inserting section 131 of title 41, United States Code ; and (iii) in subsection (d)(1), by striking section 27 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423 ) and inserting chapter 21 of title 41, United States Code . (D) Section 862 ( 10 U.S.C. 2302 note) is amended— (i) in subsection (b)(1), by striking section 25 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421 ) and inserting section 1303 of title 41, United States Code ; and (ii) in subsection (d)(1), by striking section 6(j) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 405(j) ) and inserting section 1126 of title 41, United States Code . (3) The John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ) is amended as follows: (A) Section 832(d)(3) ( 10 U.S.C. 2302 note) is amended by striking section 8(b) of the Service Contract Act of 1965 ( 41 U.S.C. 357(b) ) and inserting section 6701(3) of title 41, United States Code . (B) Section 852(b)(2)(A)(ii) ( 10 U.S.C. 2324 note) is amended by striking section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) ) and inserting section 103 of title 41, United States Code . (4) Section 8118 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 10 U.S.C. 2533a note), is amended by striking section 34 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 430 ) and inserting section 1906 of title 41, United States Code . (5) The National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ) is amended as follows: (A) Section 812(b)(2) ( 10 U.S.C. 2501 note) is amended by striking section 6(d)(4)(A) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 405(d)(4)(A) ) and inserting section 1122(a)(4)(A) of title 41, United States Code . (B) Section 1601(c) ( 10 U.S.C. 2358 note) is amended— (i) in paragraph (1)(A), by striking section 32A of the Office of Federal Procurement Policy Act, as added by section 1443 of this Act and inserting section 1903 of title 41, United States Code ; and (ii) in paragraph (2)(B), by striking Subsections (a) and (b) of section 7 of the Anti-Kickback Act of 1986 ( 41 U.S.C. 57(a) and (b)) and inserting Section 8703(a) of title 41, United States Code . (6) Section 8025(c) of the Department of Defense Appropriations Act, 2004 ( Public Law 108–87 ; 10 U.S.C. 2410d note), is amended by striking the Javits-Wagner-O’Day Act ( 41 U.S.C. 46–48 ) and inserting chapter 85 of title 41, United States Code . (7) Section 817(e)(1)(B) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 10 U.S.C. 2306a note) is amended by striking section 26(f)(5)(B) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422(f)(5)(B) ) and inserting section 1502(b)(3)(B) of title 41, United States Code . (8) Section 801(f)(1) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note) is amended by striking section 16(3) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(3) ) and inserting section 1702(c)(1) and (2) of title 41, United States Code . (9) Section 803(d) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 10 U.S.C. 2306a note) is amended by striking subsection (b)(1)(B) of section 304A of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254b ) and inserting section 3503(a)(2) of title 41, United States Code . (10) Section 848(e)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note) is amended by striking section 32 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 428 ) and inserting section 1902 of title 41, United States Code . (11) Section 722(b)(2) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 note) is amended by striking section 25(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c) ) and inserting section 1303(a) of title 41, United States Code . (12) Section 3412(k) of the National Defense Authorization Act for Fiscal Year 1996 ( Public Law 104–106 , 10 U.S.C. 7420 note) is amended by striking section 303(c) of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c) ) and inserting section 3304(a) of title 41, United States Code . (13) Section 845 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 ; 10 U.S.C. 2371 note) is amended— (A) in subsection (a)(2)(A), by striking section 16(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(c) ) and inserting section 1702(c) of title 41, United States Code, ; (B) in subsection (d)(1)(B)(ii), by striking section 16(3) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(3) ) and inserting paragraphs (1) and (2) of section 1702(c) of title 41, United States Code ; (C) in subsection (e)(2)(A), by striking section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) ) and inserting section 103 of title 41, United States Code ; and (D) in subsection (h), by striking section 27 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423 ) and inserting chapter 21 of title 41, United States Code . (14) Section 326(c)(2) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2302 note) is amended by striking section 25(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c) ) and inserting section 1303(a) of title 41, United States Code . (15) Section 806 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 note) is amended— (A) in subsection (b), by striking section 4(12) of the Office of Federal Procurement Policy Act and inserting section 103 of title 41, United States Code ; and (B) in subsection (c)— (i) by striking section 25(a) of the Office of Federal Procurement Policy Act and inserting section 1302(a) of title 41, United States Code ; and (ii) by striking section 25(c)(1) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c)(1) ) and inserting section 1303(a)(1) of such title 41 . (16) Section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 , 10 U.S.C. 2302 note) is amended— (A) by designating the subsection after subsection (k), relating to definitions, as subsection (l); and (B) in paragraph (8) of that subsection, by striking the first section of the Act of June 25, 1938 ( 41 U.S.C. 46 ; popularly known as the Wagner-O’Day Act ) and inserting section 8502 of title 41, United States Code . (d) Amendments to title 10, United States Code, To reflect reclassification of provisions of law codified in title 50, united states code Title 10, United States Code, is amended as follows: (1) Sections 113(b), 125(a), and 155(d) are amended by striking ( 50 U.S.C. 401 ) and inserting ( 50 U.S.C. 3002 ) . (2) Sections 113(e)(2), 117(a)(1), 118(b)(1), 118a(b)(1), 153(b)(1)(C)(i), 231(b)(1), and 231a(c)(1) are amended by striking ( 50 U.S.C. 404a ) and inserting ( 50 U.S.C. 3043 ) . (3) Sections 167(g) and 421(c) are amended by striking ( 50 U.S.C. 413 et seq. ) and inserting ( 50 U.S.C. 3091 et seq. ) . (4) Section 201(b)(1) is amended by striking ( 50 U.S.C. 403–6(b) ) and inserting ( 50 U.S.C. 3041(b) ) . (5) Section 429 is amended— (A) in subsection (a), by striking ( 50 U.S.C. 403–1 ) and inserting ( 50 U.S.C. 3024 ) ; and (B) in subsection (e), by striking ( 50 U.S.C. 401a(4) ) and inserting ( 50 U.S.C. 3003(4) ) . (6) Section 442(d) is amended by striking ( 50 U.S.C. 404e(a) ) and inserting ( 50 U.S.C. 3045(a) ) . (7) Section 444 is amended— (A) in subsection (b)(2), by striking ( 50 U.S.C. 403o ) and inserting ( 50 U.S.C. 3515 ) ; and (B) in subsection (e)(2)(B), by striking ( 50 U.S.C. 403a et seq. ) and inserting ( 50 U.S.C. 3501 et seq. ) . (8) Section 457 is amended— (A) in subsection (a), by striking ( 50 U.S.C. 431 ) and inserting ( 50 U.S.C. 3141 ) ; and (B) in subsection (c), by striking ( 50 U.S.C. 431(b) ) and inserting ( 50 U.S.C. 3141(b) ) . (9) Section 462 is amended by striking ( 50 U.S.C. 402 note) and inserting ( 50 U.S.C. 3614 ) . (10) Sections 491(c)(3), 494(d)(1), and 496(a)(1) are amended by striking ( 50 U.S.C. 401a(4) ) and inserting ( 50 U.S.C. 3003(4) ) . (11) Section 1599a(a) is amended by striking ( 50 U.S.C. 402 note) and inserting ( 50 U.S.C. 3614 ) . (12) Section 1605(a)(2) is amended by striking ( 50 U.S.C. 403r ) and inserting ( 50 U.S.C. 3518 ) . (13) Section 1623(a) is amended by striking ( 50 U.S.C. 402 note) and inserting ( 50 U.S.C. 3614 ) . (14) Section 2409(e) is amended by striking ( 50 U.S.C. 401a(4) ) and inserting ( 50 U.S.C. 3003(4) ) . (15) Section 2501(a)(1)(A) is amended by striking ( 50 U.S.C. 404a ) and inserting ( 50 U.S.C. 3043 ) . (16) Sections 2557(c) and 2723(d)(2) are amended by striking ( 50 U.S.C. 413 ) and inserting ( 50 U.S.C. 3091 ) . (e) Amendments to other defense-Related statutes To reflect reclassification of provisions of law codified in title 50, united states code (1) The following provisions of law are amended by striking ( 50 U.S.C. 401a(4) ) and inserting ( 50 U.S.C. 3003(4) ) : (A) Section 911(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2271 note). (B) Sections 801(b)(3) and 911(e)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2304 note; 2271 note). (C) Section 812(e) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 2501 note). (2) Section 901(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 137 note) is amended by striking ( 50 U.S.C. 401 et seq. ) and inserting ( 50 U.S.C. 3001 et seq. ) . (f) Other cross-Reference amendments (1) Title 10, united states code Title 10, United States Code, is amended as follows: (A) Section 2430(c)(2) is amended by striking section 2366a(a)(4) and inserting section 2366a(a)(7) . (B) Section 7292(d)(2) is amended by striking section 1024(a) and inserting section 1018(a) . (2) Title 40, united states code Section 591(b)(2)(A) of title 40, United States Code, is amended by striking section 2394 of title 10 and inserting section 2922a of title 10 . (g) Date of enactment references Title 10, United States Code, is amended as follows: (1) Section 1218(d)(3) is amended by striking on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and inserting on October 28, 2014 . (2) Section 1566a(a) is amended by striking Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and under and inserting Under . (3) Section 2275(d) is amended— (A) in paragraph (1), by striking before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 and inserting before January 2, 2013 ; and (B) in paragraph (2), by striking on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 and inserting on or after January 2, 2013 . (4) Section 2601a(e) is amended by striking after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 and inserting after December 31, 2011, . (5) Section 6328(c) is amended by striking on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and inserting after October 27, 2009, . (h) Other amendments to title 10, united states code Title 10, United States Code, is amended as follows: (1) Section 118 is amended by striking subsection (g). (2) Section 407(a)(3)(A) is amended by striking the comma after as applicable . (3) Section 429 is amended— (A) in subsection (a), by striking Section in the second sentence and inserting section ; and (B) in subsection (c), by striking act and inserting law . (4) Section 1074m(a)(2) is amended by striking subparagraph in the matter preceding subparagraph (A) and inserting subparagraphs . (5) Section 1154(a)(2)(A)(ii) is amended by striking U.S.C.1411 and inserting U.S.C. 1411 . (6) Section 2222(g)(3) is amended by striking (A) after (3) . (7) Section 2335(d) is amended— (A) by designating the last sentence of paragraph (2) as paragraph (3); and (B) in paragraph (3), as so designated— (i) by inserting before each of the following paragraph heading: Other terms .— . (ii) by striking the term and inserting that term ; and (iii) by inserting Election after Federal Campaign . (8) Section 2371 is amended by striking subsection (h). (9) Section 2601a is amended— (A) in subsection (a)(1), by striking issue and inserting prescribe ; and (B) in subsection (d), by striking issued and inserting prescribed . (10) Section 2853(c)(1)(A) is amended by striking can be still be and inserting can still be . (11) Section 2866(a)(4)(A) is amended by striking repayed and inserting repaid . (12) Section 2884(c) is amended by striking on evaluation in the matter preceding paragraph (1) and inserting an evaluation . (i) Transfer of section 2814 to chapter 631 (1) Transfer and redesignation Section 2814 of title 10, United States Code, is transferred to chapter 631 of such title, inserted after section 7205, and redesignated as section 7206. (2) Conforming amendments Such section, as so transferred and redesignated, is amended— (A) in paragraphs (2) and (3)(B) of subsection (i), by striking this chapter and inserting chapter 169 of this title ; and (B) by striking subsection (l) and inserting the following new subsection (l): (l) Definitions In this section: (1) The term appropriate committees of Congress has the meaning given such term in section 2801 of this title. (2) The term property support services means the following: (A) Any utility service or other service listed in section 2686(a) of this title. (B) Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities. . (3) Clerical amendments (A) The table of sections at the beginning of chapter 169 of such title is amended by striking the item relating to section 2814. (B) The table of sections at the beginning of chapter 631 of such title is amended by inserting after the item relating to section 7205 the following new item: 7206. Special authority for development of Ford Island, Hawaii. . (j) Coordination with other amendments made by this act For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by subsections (b) through (h) of this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act. 1042. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations Subsection (h) of section 2667 of title 10, United States Code, is amended by adding the following new paragraph: (4) (A) Paragraph (1) does not apply to a renewal, extension, or succeeding lease by the Secretary concerned with a financial institution selected in accordance with the Department of Defense Financial Management Regulation providing for the selection of financial institutions to operate on military installations if each of the following applies: (i) The on-base financial institution was selected before the date of the enactment of this paragraph or competitive procedures are used for the selection of any new financial institutions. (ii) A current and binding operating agreement is in place between the installation commander and the selected on-base financial institution. (B) The renewal, extension or succeeding lease shall terminate upon the termination of the operating agreement described in subparagraph (A)(ii). . 1043. Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools (a) Authority Chapter 53 of title 10, United States Code, is amended by inserting after section 1033 the following new section: 1033a. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools (a) Authority (1) In general Subject to regulations prescribed under subsection (f), the United States may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work written by a faculty member of an institution of the Department of Defense specified in subsection (e), but only for purposes of publication by a scholarly press or journal for which such a copyright is normally a requirement for publication or otherwise as may be prescribed under regulations under this section. (2) Printing Notwithstanding section 501 of title 44, the Department of Defense need not use the services of the Government Printing Office or a field printing plant operated by the Department of Defense with respect to a work for which copyright protection exists by reason of paragraph (1). (b) Qualifying works A work is a qualifying work for purposes of this section if the work— (1) is prepared as part of a person’s official duties; and (2) meets such criteria as the Secretary of Defense may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. (c) Transfer of copyright Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the United States may transfer the copyright to the owner or publisher of the medium in which the work will be published. The United States shall maintain a perpetual, royalty-free license to use the scholarly work for any official purpose of the United States. (d) Royalties, etc No royalties or other compensation may be accepted by a person covered by subsection (a) by reason of copyright protection that exists by reason of subsection (a). (e) Covered institutions The institutions referred to in subsection (a) are the following: (1) The United States Military Academy, the United States Naval Academy, and the United States Air Force Academy. (2) The National Defense University. (3) Any war college of the armed forces. (4) Any graduate-level college or university of the Department of Defense. (f) Regulations The Secretary of Defense shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured under subsection (a) and the purposes for which the copyright may be secured. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1033 the following new item: 1033a. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools. . (c) Effective date Section 1033a of title 10, United States Code, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are completed after the date of the enactment of this Act. 1044. Transfer of functions of the veterans’ advisory board on dose reconstruction to the Secretaries of Veterans Affairs and Defense Section 601 of the Veterans Benefits Act of 2003 ( Public Law 108–183 ; 117 Stat. 2667; 38 U.S.C. 1154 note) is amended to read as follows: 601. Radiation dose reconstruction program of the Department of Defense (a) Review and oversight The Secretary of Veterans Affairs and the Secretary of Defense shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Radiation Dose Reconstruction Program of the Department of Defense. (b) Duties In carrying out subsection (a), the Secretaries shall— (1) conduct periodic, random audits of dose reconstructions under the Radiation Dose Reconstruction Program and of decisions by the Department of Veterans Affairs on claims for service connection of radiogenic diseases; (2) communicate to veterans information on the mission, procedures, and evidentiary requirements of the Program; and (3) carry out such other activities with respect to the review and oversight of the Program as the Secretaries shall jointly specify. (c) Recommendations The Secretaries may make such recommendations on modifications in the mission or procedures of the Program as they consider appropriate as a result of the audits conducted under subsection (b)(1). . 1045. Authority to accept certain voluntary services Section 1588(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned. . XI CIVILIAN PERSONNEL MATTERS 1101. Modifications to biennial strategic workforce plan relating to senior management, functional, and technical workforce of the Department of Defense (a) Senior management workforce Subsection (c) of section 115b of title 10, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) Each strategic workforce plan under subsection (a) shall— (A) specifically address the shaping and improvement of the senior management workforce of the Department of Defense; and (B) include an assessment of the senior functional and technical workforce of the Department of Defense within the appropriate functional community. ; and (2) in paragraph (2), by striking such senior management, functional, and technical workforce and inserting such senior management workforce and such senior functional and technical workforce . (b) Highly qualified experts Such section is further amended— (1) in subsection (b)(2), by striking subsection (f)(1) in subparagraphs (D) and (E) and inserting subsection (h)(1) or (h)(2) ; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following new subsection (f): (f) Highly qualified experts (1) Each strategic workforce plan under subsection (a) shall include an assessment of the workforce of the Department of Defense comprised of highly qualified experts appointed pursuant to section 9903 of title 5 (in this subsection referred to as the HQE workforce ). (2) For purposes of paragraph (1), each plan shall include, with respect to the HQE workforce— (A) an assessment of the critical skills and competencies of the existing HQE workforce and projected trends in that workforce based on expected losses due to retirement and other attrition; (B) specific strategies for attracting, compensating, and motivating the HQE workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies; (C) any incentives necessary to attract or retain HQE personnel; (D) any changes that may be necessary in resources or in the rates or methods of pay needed to ensure the Department has full access to appropriately qualified personnel; and (E) any legislative changes that may be necessary to achieve HQE workforce goals. . (c) Definitions Subsection (h) of such section (as redesignated by subsection (b)(2)) is amended to read as follows: (h) Definitions In this section: (1) The term senior management workforce of the Department of Defense includes the following categories of Department of Defense civilian personnel: (A) Appointees in the Senior Executive Service under section 3131 of title 5. (B) Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title. (2) The term senior functional and technical workforce of the Department of Defense includes the following categories of Department of Defense civilian personnel: (A) Persons serving in positions described in section 5376(a) of title 5. (B) Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (114 Stat. 1654A–315)). (C) Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 5 U.S.C. 3104 note). (D) Persons serving in Intelligence Senior Level positions under section 1607 of this title. (3) The term acquisition workforce includes individuals designated under section 1721 of this title as filling acquisition positions. . (d) Conforming amendment The heading of subsection (c) of such section is amended to read as follows: Senior Management Workforce; Senior Functional and Technical Workforce .— . (e) Formatting of annual report Subsections (d)(1) and (e)(1) of such section are amended by striking include a separate chapter to . 1102. Authority to provide additional compensation for defense clandestine service employees Section 1603 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Additional compensation for employees of the defense clandestine service In addition to the authority to provide compensation under subsection (a), the Secretary of Defense may provide civilian employees of the Defense Clandestine Service allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law, if the Secretary determines such action is necessary to the operational effectiveness of the Defense Clandestine Service. . 1103. Pilot program for the temporary exchange of financial management personnel (a) Assignment authority The Secretary of Defense may, with the agreement of the private sector organization concerned, arrange for the temporary assignment of an employee to such private sector organization, or from such private sector organization to a Department of Defense organization under this section. An employee shall be eligible for such an assignment only if the employee— (1) works in the field of financial management; (2) is considered by the Secretary of Defense to be an exceptional employee; and (3) is compensated at not less than the GS–11 level (or the equivalent). (b) Agreements The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement— (1) shall require, in the case of an employee of the Department of Defense, that upon completion of the assignment, the employee will serve in the civil service for a period at least equal to three times the length of the assignment, unless the employee is sooner involuntarily separated from the service of the employee’s agency; and (2) shall provide that if the employee of the Department of Defense or of the private sector organization (as the case may be) fails to carry out the agreement, or if the employee is voluntarily separated from the service of the employee’s agency before the end of the period stated in the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment unless that failure or voluntary separation was for good and sufficient reason, as determined by the Secretary of Defense. An amount for which an employee is liable under paragraph (2) shall be treated as a debt due the United States. The Secretary may waive, in whole or in part, collection of such a debt based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States. (c) Termination An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private sector organization concerned. (d) Duration An assignment under this section shall be for a period of not less than three months and not more than one year. No assignment under this section may commence after September 30, 2019. (e) Status of federal employees assigned to private sector organization An employee of the Department of Defense who is temporarily assigned to a private sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under subsection (b) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee. (f) Terms and conditions for private sector employees An employee of a private sector organization who is assigned to a Department of Defense organization under this section— (1) shall continue to receive pay and benefits from the private sector organization from which such employee is assigned; (2) is deemed to be an employee of the Department of Defense for the purposes of— (A) chapter 73 of title 5, United States Code; (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code, and any other conflict of interest statute; (C) sections 1343, 1344, and 1349(b) of title 31, United States Code; (D) the Federal Tort Claims Act and any other Federal tort liability statute; (E) the Ethics in Government Act of 1978; (F) section 1043 of the Internal Revenue Code of 1986; (G) chapter 21 of title 41, United States Code; and (H) subchapter I of chapter 81 of title 5, United States Code, relating to compensation for work-related injuries; and (3) may not have access, while the employee is assigned to a Department of Defense organization, to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned. (g) Prohibition against charging certain costs to the federal government A private sector organization may not charge the Department of Defense or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department of Defense organization under this section for the period of the assignment. (h) Consideration The Secretary of Defense shall take into consideration the question of how assignments might best be used to help meet the needs of the Department of Defense with respect to the training of employees in financial management. (i) Numerical limitation Not more than five Department of Defense employees may be assigned to private sector organizations under this section, and not more than five employees of private sector organizations may be assigned to the Department of Defense under this section, at any given time. XII MATTERS RELATING TO FOREIGN NATIONS 1201. Enhanced authority to acquire products and services produced in Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility (a) Authority In the case of a product or service to be acquired in support of Department of Defense activities in the United States Africa Command area of responsibility for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which— (1) competition is limited to products or services that are from Djibouti; or (2) a preference is provided for products or services that are from Djibouti. (b) Determination (1) A determination described in this subsection is a determination by the Secretary of either of the following: (A) That the product or service concerned is to be used only in support of activities described in subsection (a). (B) That it is in the national security interest of the United States to limit competition or provide a preference as described in subsection (a) because such limitation or preference is necessary— (i) to reduce— (I) United States transportation costs; or (II) delivery times in support of activities described in subsection (a); or (ii) to promote regional security, stability, and economic prosperity in Africa. (2) A determination under paragraph (1)(B) shall not be effective for purposes of a limitation or preference under subsection (a) unless the Secretary also determines that the limitation or preference will not adversely affect— (A) United States military operations or stability operations in the United States Africa Command area of responsibility; or (B) the United States industrial base. (c) Products and services from djibouti For the purpose of this section: (1) A product is from Djibouti if it is mined, produced, or manufactured in Djibouti. (2) A service is from Djibouti if it is performed in Djibouti by citizens or residents of Djibouti. 1202. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability (a) Codification of permanent authority (1) Enactment in title 10 of section 1202 acquisition and cross-servicing agreement authority Chapter 138 of title 10, United States Code, is amended by inserting after section 2342 a new section 2342a consisting of— (A) a heading as follows: 2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability ; and (B) a text consisting of the text of subsections (a) through (d) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 909), and revised as specified in subsection (b). (2) Clerical amendment The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 2342 the following new item: 2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability. . (b) Revisions to codified section The revisions to the text specified in subsection (a)(1)(B) are as follows: (1) Global authority In subsection (a)(1)— (A) insert military or stability after combined the first place it appears; and (B) strike in Afghanistan . (2) Conforming amendments In subsection (a)(3)— (A) in subparagraph (A), strike Afghanistan and insert a combined military or stability operation with the United States ; and (B) in subparagraph (C), strike Afghanistan or a and insert a combined military or stability operation or . (3) Reporting exception In subsection (a)(5)— (A) insert (A) before Equipment may not ; and (B) add at the end the following: (B) Exception The notice required in subparagraph (A) shall not be required when the equipment to be loaned is intended to be used— (i) in a facility that is under the control of the United States; or (ii) in connection with training directed by United States personnel. . (4) Waiver in the case of combat loss of equipment At the end of subsection (a), insert the following new paragraph: (6) Waiver of reimbursement in the case of combat loss (A) Authority In the case of equipment provided to the military forces of another nation under the authority of this section that is damaged or destroyed as a result of combat operations while held by those forces, the Secretary of Defense may, with respect to such equipment, waive any other applicable requirement under this subchapter for— (i) reimbursement; (ii) replacement-in-kind; or (iii) exchange of supplies or services of an equal value. (B) Limitations Any waiver under this subsection may be made only on a case-by-case basis. Any waiver under this subsection may be made only if the Secretary determines that the waiver is in the national security interest of the United States. . (5) Technical and clerical amendments (A) In subsection (a)(1), strike under subchapter I of chapter 138 of title 10, United States Code, . (B) In subsection (d)(2)(B), strike Committee on International Relations and insert Committee on Foreign Affairs . (c) Repeal Section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 909), is repealed. (d) Retroactive application of waiver authority The authority in subsection (a)(6) of section 2342a of title 10, United States Code, as added by this section, shall apply with respect to equipment provided before the date of the enactment of this Act to a foreign nation under section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as amended, in the same manner as to equipment provided under such section 2342a. 1203. Revisions to Global Security Contingency Fund authority (a) Types of assistance Subsection (c)(1) of section 1207 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 22 U.S.C. 2151 note), as amended by section 1202 of the National Defense Authorization Act for Fiscal Year 2014, is amended by striking the provision of equipment, supplies, and training. and inserting the provision of the following: (A) Equipment, including routine maintenance and repair of such equipment. (B) Supplies. (C) Small-scale construction not exceeding $750,000. (D) Training. . (b) Transfer authority Subsection (f)(1) of such section is amended by striking for Defense-wide activities in the first sentence. (c) Two-Year extension of availability of funds Subsection (i) of such section is amended by striking September 30, 2015 and inserting September 30, 2017 . (d) Extension of expiration date Subsection (p) of such section is amended— (1) by striking September 30, 2015 and inserting September 30, 2017 ; and (2) by striking funds available for fiscal years 2012 through 2015 and inserting funds available for a fiscal year beginning before that date . 1204. Increase in annual limitation on transfer of excess defense articles Section 516(g)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(g)(1) ) is amended by striking $425,000,000 and inserting $500,000,000 . XIII OTHER AUTHORIZATIONS A Military Programs 1301. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for Defense Working Capital Funds in the amount of $1,234,468,000. 1302. Joint Urgent Operational Needs Fund Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Urgent Operational Needs Fund in the amount of $20,000,000. 1303. Chemical agents and munitions destruction, defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $828,868,000, of which— (1) $222,728,000 is for Operation and Maintenance; (2) $595,913,000 is for Research, Development, Test, and Evaluation; and (3) $10,227,000 is for Procurement. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1304. Drug interdiction and counter-drug activities, defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $820,687,000. 1305. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $311,830,000, of which— (1) $310,830,000 is for Operation and Maintenance; and (2) $1,000,000 is for Procurement. 1306. Defense health program Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $31,994,918,000, of which— (1) $31,031,911,000 is for Operation and Maintenance; (2) $654,594,000 is for Research, Development, Test, and Evaluation; and (3) $308,413,000 is for Procurement. B Other Matters 1311. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated for section 507 and available for the Defense Health Program for operation and maintenance, $146,857,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. (b) Use of transferred funds For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500). 1312. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2015 from the Armed Forces Retirement Home Trust Fund the sum of $63,400,000 for the operation of the Armed Forces Retirement Home. XV AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS B MILITARY CONSTRUCTION AUTHORIZATIONS 2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2015 . 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2017; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2017; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2018 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. XXI ARMY MILITARY CONSTRUCTION 2101. Authorized Army construction and land acquisition projects (a) Inside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation Amount California Concord $15,200,000 Fort Irwin $45,000,000 Colorado Fort Carson $89,000,000 Hawaii Fort Shafter $96,000,000 Kentucky Fort Campbell $23,000,000 New York Fort Drum $27,000,000 Pennsylvania Letterkenny Army Depot $16,000,000 South Carolina Fort Jackson $52,000,000 Texas Fort Bliss $46,800,000 Virginia Joint Base Langley-Eustis $7,700,000. (b) Outside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation Amount Cuba Guantanamo Bay $23,800,000 Japan Kadena AB $10,600,000. 2102. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing Country Installation Units Amount Illinois Rock Island 33 $19,500,000 Korea Camp Walker 90 $57,800,000. 2103. Authorization of appropriations, Army Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $969,012,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $370,900,000. (2) For military construction projects outside the United States authorized by section 2101(b), $34,400,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $25,000,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $51,127,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $78,609,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $350,976,000. (6) For the construction of increment 3 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2119), $58,000,000. 2104. Modification of authority to carry out certain fiscal year 2004 project In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project. 2105. Modification of authority to carry out certain fiscal year 2013 projects (a) Fort drum (1) In executing the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Drum, New York, for construction of an Aircraft Maintenance Hangar at the installation, the Secretary of the Army may provide a capital contribution to a public or private utility company in order for the utility company to extend the utility company’s gas line to the installation boundary. (2) The capital contribution under subsection (a) is not considered a change in the scope of work under section 2853 of title 10, United States Code. (b) Fort leonard wood In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Leonard Wood, Missouri, for construction of Battalion Complex Facilities at the installation, the Secretary of the Army may construct the Battalion Headquarters with classrooms for a unit other than a Global Defense Posture Realignment unit. (c) Fort mcNair In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort McNair, District of Columbia, for construction of a Vehicle Storage Building at the installation, the Secretary of the Army may construct up to 20,227 square feet of vehicle storage. 2106. Extension of authorizations of certain fiscal year 2011 project (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (124 Stat. 4437), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later: (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2011 Project Authorizations State/Country Installation or Location Project Amount Georgia Fort Benning Land Acquisition $12,200,000. 2107. Extension of authorizations of certain fiscal year 2012 projects (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (125 Stat. 1661), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later: (b) Table The table referred to in subsection (a) as follows: Army: Extension of 2012 Project Authorizations State Installation or Location Project Amount Georgia Fort Benning Land Acquisition $5,100,000 Fort Benning Land Acquisition $25,000,000 North Carolina Fort Bragg Unmanned Aerial Vehicle Maintenance Hanger $54,000,000 Texas Fort Bliss Applied Instruction Building $8,300,000 Fort Bliss Vehicle Maintenance Facility $19,000,000 Fort Hood Unmanned Aerial Vehicle Maintenance Hanger $47,000,000 Virginia Fort Belvoir Road and Infrastructure Improvements $25,000,000. XXII NAVY MILITARY CONSTRUCTION 2201. Authorized Navy construction and land acquisition projects (a) Inside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation Amount Arizona Yuma $16,608,000 California Bridgeport $16,180,000 San Diego $47,110,000 District of Columbia Naval Support Activity Washington $31,735,000 Florida Jacksonville $30,235,000 Mayport $20,520,000 Hawaii Kaneohe Bay $53,382,000 Pearl Harbor $9,698,000 Maryland Annapolis $120,112,000 Indian Head $15,346,000 Patuxent River $9,860,000 Nevada Fallon $31,262,000 North Carolina Cherry Point Marine Corps Air Station $41,588,000 Pennsylvania Philadelphia $23,985,000 South Carolina Charleston $35,716,000 Virginia Dahlgren $27,313,000 Norfolk $39,274,000 Portsmouth $9,743,000 Quantico $12,613,000 Yorktown $26,988,000 Washington Bremerton $16,401,000 Port Angeles $20,638,000 Whidbey Island $24,390,000. (b) Outside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation Amount Bahrain Island SW Asia $27,826,000 Djibouti Camp Lemonier $9,923,000 Guam Joint Region Marianas $50,651,000 Japan Iwakuni $6,415,000 Kadena AB $19,411,000 MCAS Futenma $4,639,000 Okinawa $35,685,000 Spain Rota $20,233,000 Worldwide Unspecified Unspecified Worldwide Locations $38,985,000. 2202. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $472,000. 2203. Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $15,940,000. 2204. Authorization of appropriations, Navy Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,389,213,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $680,697,000. (2) For military construction projects outside the United States authorized by section 2201(b), $213,768,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $7,163,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $33,366,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $16,412,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $354,029,000. (6) For the construction of increment 4 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1666), as amended by section 2205 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2124) $83,778,000. 2205. Modification of authority to carry out certain fiscal year 2012 projects (a) Yuma In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Yuma, Arizona, for construction of a Double Aircraft Maintenance Hangar, the Secretary of the Navy may construct up to approximately 70,000 square feet of additional apron to be utilized as a taxi-lane using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). (b) Camp pendleton In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Camp Pendleton, California, for construction of an Infantry Squad Defense Range, the Secretary of the Navy may construct up to 9,000 square feet of vehicular bridge using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). (c) Kings bay In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Kings Bay, Georgia, for construction of a Crab Island Security Enclave, the Secretary of the Navy may expand the enclave fencing system to three layers of fencing and construct two elevated fixed fighting positions with associated supporting facilities using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). 2206. Modification of authority to carry out certain fiscal year 2014 project In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989), for Yorktown, Virginia, for construction of Small Arms Ranges, the Secretary of the Navy may construct 240 square meters of armory, 48 square meters of Safety Officer/Target Storage Building, and 667 square meters of Range Operations Building using appropriations available for the project pursuant to the authorization of appropriations in section 2204 of such Act (127 Stat. 990). 2207. Extension of authorizations of certain fiscal year 2011 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441) and extended by section 2207 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 991), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2011 Project Authorizations State/Country Installation or Location Project Amount Bahrain South West Asia Navy Central Command Ammunition Magazines $89,280,000 Guam Naval Activities, Guam Defense Access Roads Improvements $66,730,000. 2208. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (125 Stat. 1666), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2012 Project Authorizations State/Country Installation or Location Project Amount California Camp Pendleton North Area Waste Water Conveyance $78,271,000 California Camp Pendleton Infantry Squad Defense Range $29,187,000 California Twentynine Palms Land Expansion $8,665,000 Florida Jacksonville P–8A Hangar Upgrades $6,085,000 Georgia Kings Bay Crab Island Security Enclave $52,913,000 Georgia Kings Bay WRA Land/Water Interface $33,150,000 Maryland Patuxent River Aircraft Prototype Facility Phase 2 $45,844,000. XXIII AIR FORCE MILITARY CONSTRUCTION 2301. Authorized Air Force construction and land acquisition projects (a) Inside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation Amount Alaska Clear AFB $11,500,000 Arizona Luke AFB $26,800,000 Kansas McConnell AFB $34,400,000 Massachusetts Hanscom AFB $13,500,000 Nevada Nellis AFB $53,900,000 New Jersey Joint Base McGuire-Dix-Lakehurst $5,900,000 North Dakota Minot AFB $23,830,000 Oklahoma Tinker AFB $111,000,000 Texas Joint Base San Antonio $5,800,000. (b) Outside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation Amount Guam Joint Region Marianas $13,400,000 United Kingdom Croughton RAF $92,223,000. 2302. Authorization of appropriations, Air Force Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,139,521,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $262,800,000. (2) For military construction projects outside the United States authorized by section 2301(b), $105,623,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $22,613,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $10,738,000. (5) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $327,747,000. (6) For the construction of increment 2 of the United States Cyber Command Joint Operations Center at Fort Meade, Maryland, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of the Public Law 113–66 ; 127 Stat. 992), $166,000,000. (7) For the construction of increment 4 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of the Public Law 112–81 ; 125 Stat. 1670), $180,000,000. (8) For the construction of increment 2 of the Guam Strike Fuel Systems Maintenance Hangar at Joint Base Marianas, Guam, authorized by section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of the Public Law 112–81 ; 125 Stat. 1671), $64,000,000. 2303. Modification of authority to carry out certain fiscal year 2008 project In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 515), for Shaw Air Force Base, South Carolina, for Base Infrastructure at that location, the Secretary of the Air Force may acquire fee or lesser real property interests in approximately 11.5 acres of land contiguous to Shaw Air Force Base for the project using funds appropriated to the Department of the Air Force for construction in years prior to fiscal year 2015. 2304. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later. (b) Table The table referred to in subsection (a) is as follows: (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2011 Project Authorizations State Installation or Location Project Amount Bahrain, SW Asia Shaikh Isa AB North Apron Expansion $45,000,000. 2305. Extension of authorizations of certain fiscal year 2012 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later. (b) Table The table referred to in subsection (a) is as follows: (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2012 Project Authorizations State Installation or Location Project Amount Alaska Eielson AFB Dormitory (168 RM) $45,000,000 Italy Sigonella Naval Air Station UAS SATCOM Relay Pads and Facility $15,000,000. XXIV DEFENSE AGENCIES MILITARY CONSTRUCTION A Defense Agency Authorizations 2401. Authorized defense agencies construction and land acquisition projects (a) Inside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation Amount Arizona Fort Huachuca $1,871,000 California Camp Pendleton $11,841,000 Coronado $70,340,000 Lemoore $52,500,000 Colorado Peterson AFB $15,200,000 Conus Classified Classified Location $53,073,000 Georgia Hunter Army Airfield $7,692,000 Robins AFB $19,900,000 Hawaii Joint Base Pearl Harbor-Hickam $52,900,000 Kentucky Fort Campbell $18,000,000 Maryland Fort Meade $54,207,000 Joint Base Andrews $18,300,000 Mississippi Stennis $27,547,000 Michigan Selfridge ANGB $35,100,000 Nevada Fallon $20,241,000 New Mexico Cannon AFB $23,333,000 North Carolina Camp Lejeune $52,748,000 Fort Bragg $93,136,000 Seymour Johnson AFB $8,500,000 South Carolina Beaufort $40,600,000 South Dakota Ellsworth AFB $8,000,000 Texas Joint Base San Antonio $38,300,000 Virginia Craney Island $36,500,000 Def Distribution Depot Richmond $5,700,000 Fort Belvoir $7,239,000 Joint Base Langley-Eustis $41,200,000 Joint Expeditionary Base Little Creek-Story $39,588,000 Pentagon $15,100,000. (b) Outside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation Amount Australia Geraldton $9,600,000 Belgium Brussels $79,544,000 Cuba Guantanamo Bay $76,290,000 Japan Misawa AB $37,775,000 Okinawa $170,901,000 Sasebo $37,681,000. 2402. Authorized energy conservation projects Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $150,000,000. 2403. Authorization of appropriations, defense agencies Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $2,124,652,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $868,656,000. (2) For military construction projects outside the United States authorized by section 2401(b), $411,791,000. (3) For unspecified minor military construction projects under section 2805 of title 10, United States Code, $43,487,000. (4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $9,000,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $142,240,000. (6) For energy conservation projects under chapter 173 of title 10, United States Code, $150,000,000. (7) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $61,100,000. (B) For credits (including amounts authorized for and appropriated) to the Department of Defense Family Housing Improvement Fund for functions under section 2883 of title 10, United States Code, $1,662,000. (C) For credits to the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ). (8) For the construction of increment 6 of the Hospital Replacement at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 ; 123 Stat. 2642), $131,500,000. (9) For the construction of increment 3 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2127), $45,521,000. (10) For the construction of increment 4 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1673), as amended by section 2404(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2131), $259,695,000. 2404. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (124 Stat. 4446), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2011 Project Authorizations State/Country Installation or Location Project Amount District of Columbia Bolling Air Force Base Cooling Tower Expansion $2,070,000 DIAC Parking Garage $13,586,000 Electrical Upgrades $1,080,000. 2405. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorization set forth in the table in subsection (b), as provided in section 2401 of that Act (125 Stat. 1673), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2012 Project Authorizations State Installation or Location Project Amount Italy USAG Vicenza Vicenza High School (Replacement) $41,864,000 Germany USAG Baumholder Wetzel-Smith Elementary School (Replacement) $59,419,000 Japan Yokota Air Base Yokota High School (Replace/Renovate) $49,606,000. 2406. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (125 Stat. 1672), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2012 Project Authorizations State Installation or Location Project Amount California Coranado SOF Support Activity Operations Facility $42,000,000 Virginia Pentagon Reservation Heliport Control Tower and Fire Station $6,457,000 Virginia Pentagon Reservation Pentagon Memorial Pedestrian Plaza $2,285,000. B Chemical Demilitarization Authorizations 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for the construction of phase XV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 ; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107 ; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314 ; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B Public Law 111–383; 124 Stat. 4450), $38,715,000. 2412. Modification of authority to carry out certain fiscal year 2000 project (a) Modification The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 ; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107 ; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314 ; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4450), is amended— (1) in the item relating to Blue Grass Army Depot, Kentucky, by striking $746,000,000 in the amount column and inserting $780,000,000 ; and (2) by striking the amount identified as the total in the amount column and inserting $1,237,920,000 . (b) Conforming amendment Section 2405(b)(3) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 ; 113 Stat. 839), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107 ; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417 ; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4450), is further amended by striking $723,200,000 and inserting $757,200,000 . XXV NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. 2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2012, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $199,700,000. XXVI GUARD AND RESERVE FORCES FACILITIES A Project Authorizations and Authorization of Appropriations 2601. Authorized Army National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: Army National Guard: Inside the United States State Installation Amount Maine Augusta $32,000,000 Maryland Havre de Grace $12,400,000 Montana Helena $38,000,000 North Dakota Valley City $10,800,000 Vermont North Hyde Park $4,400,000. 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Installation Amount California Fresno $22,000,000 Colorado Fort Carson $5,000,000 New Jersey Joint Base McGuire-Dix-Lakehurst $26,000,000 New York Mattydale $23,000,000 Virginia Fort Lee $16,000,000. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation Amount Pennsylvania Pittsburgh $17,650,000 Washington Whidbey Island $27,755,000. 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Installation Amount Connecticut Bradley International Airport $16,306,000 Iowa Des Moines Municipal Airport $8,993,000 Michigan W. K. Kellog Regional Airport $6,000,000 New Hampshire Pease International Trade Port $41,902,000 Pennsylvania Horsham Air Guard Station (Willow Grove) $5,662,000. 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Installation Amount Georgia Robins AFB $27,700,000 North Carolina Seymour Johnson AFB $9,800,000 Texas Fort Worth $3,700,000. 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts: (1) For the Department of the Army, for the Army National Guard of the United States, $126,920,000. (2) For the Department of the Army, for the Army Reserve, $103,946,000. (3) For the Department of the Navy, for the Navy and Marine Corps Reserve, $51,528,000. (4) For the Department of the Air Force, for the Air National Guard of the United States, $94,663,000. (5) For the Department of the Air Force, for the Air Force Reserve, $49,492,000. B Other Matters 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects (a) Kansas city (1) In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Kansas City, Kansas, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Kansas City, construct a new facility in the vicinity of Kansas City, Kansas. (2) Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorization set forth in subsection (a) shall remain in effect until October 1, 2018, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2019, whichever is later. (b) Attleboro (1) In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Attleboro, Massachusetts, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Attleboro, construct a new facility in the vicinity of Attleboro, Massachusetts. (2) Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorization set forth in subsection (a) shall remain in effect until October 1, 2018, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2019, whichever is later. 2612. Modification of authority to carry out certain fiscal year 2013 project In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2134) for Stormville, New York, for construction of a Combined Support Maintenance Shop Phase I, the Secretary of the Army may instead construct the facility at Camp Smith, New York and build a 53,760 square foot maintenance facility in lieu of a 75,156 square foot maintenance facility. 2613. Extension of authorization of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2601 of that Act (124 Stat. 4452), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Extension of 2011 National Guard and Reserve Project Authorization State Installation or Location Project Amount Puerto Rico Camp Santiago Multi-Purpose Machine Gun Range $9,200,000. XXVII BASE REALIGNMENT AND CLOSURE ACTIVITIES 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, in the total amount of $270,085,000, as follows: (1) For the Department of the Army, $84,417,000. (2) For the Department of the Navy, $94,692,000. (3) For the Department of the Air Force, $90,976,000. XXVIII MILITARY CONSTRUCTION GENERAL PROVISIONS 2801. Revisions to minor military construction authorities (a) Establishment of minor military construction exception threshold Subsection (a) of section 2805 of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) For purposes of this section, the minor military construction exception threshold is $4,000,000. . (b) Increase in dollar thresholds for certain authorities relating to unspecified minor military construction (1) Maximum amount for projects to correct deficiencies that are life-, health-, or safety-threatening Subsection (a)(2) of such section is amended by striking $3,000,000 in the second sentence and inserting the minor military construction exception threshold . (2) Increase in maximum amount of operation and maintenance funds authorized to be used for certain projects Subsection (c) of such section is amended by striking $750,000 and inserting $1,000,000 . (c) Increased threshold for application of secretarial approval and congressional notification requirements Subsection (b)(1) of such section is amended by striking $750,000 and inserting the amount specified in subsection (c) . 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities Section 2805 of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Adjustment of dollar limitations for location Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project. . 2803. Change in authorities relating to scope of work variations for military construction projects (a) Limited authority for scope of work increase Section 2853 of title 10, United States Code, is amended— (1) in subsection (b)(2), by striking The scope of work and inserting Except as provided in subsection (d), the scope of work ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following new subsection (d): (d) The limitation in subsection (b)(2) on an increase in the scope of work does not apply if— (1) the increase in the scope of work is not more than 10 percent of the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition; (2) the increase is approved by the Secretary concerned; (3) the Secretary concerned notifies the appropriate committees of Congress in writing of the increase in scope and the reasons therefor; and (4) a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title. . (b) Cross-Reference amendments (1) Subsection (a) of such section is amended by striking subsection (c) or (d) and inserting subsection (c), (d), or (e) . (2) Subsection (f) of such section, as redesignated by subsection (a)(2), is amended by striking through (d) and inserting through (e) . (c) Additional technical amendments (1) Conformity with general title 10 style Subsection (a) of such section is further amended by inserting of this title after section 2805(a) . (2) Deletion of surplus word Subsection (c)(1)(A) of such section is amended by striking be after Congress can .
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113-hr-4436
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I 113th CONGRESS 2d Session H. R. 4436 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Petri introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Education and the Workforce and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide the legal framework necessary for the growth of innovative private financing options for students to fund postsecondary education, and for other purposes.
1. Short title This Act may be cited as the Investing in Student Success Act of 2014 . I Authorization of Income Share Agreements 101. Purpose; lawfulness of instruments; preemption of State law (a) Purpose It is the purpose of this title to authorize individuals to enter into income share agreements for the purposes of obtaining funds in exchange for agreeing to pay to the holder of the contract a specified percentage of the individual’s future income. (b) Lawfulness of contracts; preemption Any income share agreement that complies with the requirements of section 102 shall be a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. 102. Terms and conditions of income share agreement contracts (a) Definition of income share agreement For purposes of this title, the term income share agreement means an agreement between an individual and any other person under which the individual commits to pay a specified percentage of the individual’s future income, for a specified period of time, in exchange for payments to or on behalf of such individual for postsecondary education, workforce development, or other purposes. (b) Terms and conditions of agreements An income share agreement complies with the requirements of this section if the contract complies with each of the following conditions: (1) Specified percentage of income An income share agreement shall specify the percentage of future income which the individual will be obligated to pay, except that the contract shall exempt, at a minimum, the first $10,000 (adjusted each year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period for which such data are available) of an individual’s income when determining the individual’s obligation for a given year. (2) Definition of income An income share agreement shall specify the definition of income to be used for purposes of calculating an individual’s obligation under the contract. (3) Aggregate limitation on obligation No eligible individual may enter into any income share agreement if the total percentage of such individual’s future income that the individual agrees to pay under that contract, and any other income share agreements of such individual, exceeds 15 percent of such future income. (4) Specified duration; extension of period An income share agreement shall specify the maximum period of time during which the individual will be obligated to pay a portion of the individual’s future income, except that— (A) except as provided in subparagraph (B), such period may not exceed 360 months; and (B) such contract may provide that such period may be extended by the number of years during which the individual’s income is below the exemption amount specified in the agreement under paragraph (1). (5) Early termination An income share agreement shall specify the terms and conditions by which the individual may extinguish the individual’s obligations under the contract before the end of the payment period specified in the agreement, based on the remaining term of such period. (c) Required disclosures An income share agreement does not comply with the requirements of this section unless the individual who is committing to pay future income is provided, before entry into such agreement, a disclosure document that clearly and simply discloses that— (1) the agreement is not a debt instrument, and that the amount the individual will be required to pay under the agreement— (A) may be more or less than the amount provided to the individual; and (B) will vary in proportion to the individual’s future income; (2) the obligations of the individual under the agreement are not dischargeable under bankruptcy law; (3) whether the obligations of the individual under the agreement may be extinguished by accelerating payments, and, if so, under what terms; (4) the duration of the individual’s obligations under the agreement (absent such accelerating payments), including any circumstances under which the contract would be extended; (5) the percentage of income the individual is committing to pay and the amount of income that is exempt from the calculation of the individual’s obligation; and (6) the definition of income to be used for purposes of calculating the individual’s obligation. (d) Non-Interference An income share agreement shall not be construed to give the contract holder any rights over an individual’s actions—it simply represents an obligation by the individual pay the specific percentage of future income. 103. Definitions As used in this title: (1) State The term State includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (2) State law The term State law means any law, decision, rule, regulation, or other action having the effect of a law of any State or any political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State, except that a law of the United States applicable only to the District of Columbia shall be treated as a State law (rather than a law of the United States). 104. Preemption of State Law with respect to usury Income share agreements shall not be subject to State usury laws. II Tax Treatment of Income Share Agreements 201. Tax treatment of income share agreements (a) Exclusion from gross income of income share agreement proceeds Payments made under an income share agreement to or on behalf of the individual who commits to pay a specified percentage of such individual’s future income to another person under such agreement shall not be includible in the gross income of such individual for purposes of the Internal Revenue Code of 1986. (b) Treatment of payments of future income Payments of future income received by another person under an income share agreement shall be treated for purposes of the Internal Revenue Code of 1986— (1) first, with respect to so much of such payments as does not exceed the amount of the payments to which subsection (a) applies with respect to such agreement, as a repayment of investment in the contract which reduces the holder’s basis in such agreement, and (2) second, as interest which is includible in gross income. (c) Income share agreement For purposes of this title, the term income share agreement has the meaning given such term under title I. III Qualified education loan 301. Qualified education loan (a) In general Paragraph (1) of section 221(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Such term includes any income share agreement (as defined in section 102 of the Investing in Student Success Act of 2014), except that payments made by the taxpayer during the taxable year to meet an income share agreement obligation shall not be taken into account under subsection (a). . (b) Information reporting not required Subsection (e) of section 6050S of such Code is amended by inserting (without regard to the last sentence thereof) after section 221(d)(1) . IV Federal Individual Assistance Treatment of Income Share Agreements 401. Amounts received not treated as income in calculation of financial need under the Higher Education Act of 1965 No portion of any amounts received by an individual for entering into an income share agreement (as such term is defined in title I) shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under the Higher Education Act of 1965. V Investment Company treatment 501. Businesses making income share agreements excluded from investment company treatment Section 3(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c) ) is amended— (1) in paragraph (4), by inserting after industrial banking, the following: income share agreements (as defined under section 102 of the Investing in Student Success Act of 2014), ; and (2) in paragraph (5), by inserting , including income share agreements after services each place such term appears.
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113-hr-4437
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I 113th CONGRESS 2d Session H. R. 4437 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Collins of Georgia (for himself and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for pharmacy benefits manager standards under the Medicare prescription drug program to further transparency of payment methodologies to pharmacies, and for other purposes.
1. Short title This Act may be cited as the Generic Drug Pricing Fairness Act . 2. Pharmacy benefits manager standards under the Medicare program (a) In general Section 1860D–12(b) of the Social Security Act ( 42 U.S.C. 1395w–112(b) ) is amended by adding at the end the following new paragraphs: (7) Pharmacy benefits manager transparency requirements Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that the PDP may not enter into a contract with any pharmacy benefits manager (referred to in this paragraph as a PBM ) to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under such plan, unless the PBM adheres to the following criteria when handling personally identifiable utilization and claims data or other sensitive patient data: (A) The PBM may not transmit any personally identifiable utilization or claims data, with respect to a plan enrollee, to a pharmacy owned by a PBM if the plan enrollee has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at the PBM-owned pharmacy. (B) The PBM may not require that a plan enrollee use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies. . (b) Regular update of prescription drug pricing standard Paragraph (6) of section 1860D–12(b) of the Social Security Act ( 42 U.S.C. 1395w–112(b) ) is amended to read as follows: (6) Regular update of prescription drug pricing standard (A) In general If the PDP sponsor of a prescription drug plan uses a standard for reimbursement (as described in subparagraph (B)) of pharmacies based on the cost of a drug, each contract entered into with such sponsor under this part with respect to the plan shall provide that the sponsor shall— (i) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; (ii) disclose to applicable pharmacies the sources used for making any such update; (iii) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; and (iv) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug. (B) Prescription drug pricing standard defined For purposes of subparagraph (A), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost (MAC), or other costs, whether publicly available or not. . (c) Effective date The amendments made by this section shall apply to plan years beginning on or after January 1, 2015.
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113-hr-4438
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I 113th CONGRESS 2d Session H. R. 4438 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Brady of Texas (for himself, Mr. Larson of Connecticut , Mr. Paulsen , Ms. Eshoo , Mr. McCaul , Ms. Matsui , Mr. Sam Johnson of Texas , Mr. Neal , and Mr. Schock ) 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 simplify and make permanent the research credit.
1. Short title This Act may be cited as the American Research and Competitiveness Act of 2014 . 2. Research credit simplified and made permanent (a) In general Subsection (a) of section 41 of the Internal Revenue Code of 1986 is amended to read as follows: (a) In general For purposes of section 38, the research credit determined under this section for the taxable year shall be an amount equal to the sum of— (1) 20 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined, (2) 20 percent of so much of the basic research payments for the taxable year as exceeds 50 percent of the average basic research payments for the 3 taxable years preceding the taxable year for which the credit is being determined, plus (3) 20 percent of the amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer during the taxable year (including as contributions) to an energy research consortium for energy research. . (b) Repeal of termination Section 41 of such Code is amended by striking subsection (h). (c) Conforming amendments (1) Subsection (c) of section 41 of such Code is amended to read as follows: (c) Determination of average research expenses for prior years (1) Special rule in case of no qualified research expenditures in any of 3 preceding taxable years In any case in which the taxpayer has no qualified research expenses in any one of the 3 taxable years preceding the taxable year for which the credit is being determined, the amount determined under subsection (a)(1) for such taxable year shall be equal to 10 percent of the qualified research expenses for the taxable year. (2) Consistent treatment of expenses (A) In general Notwithstanding whether the period for filing a claim for credit or refund has expired for any taxable year taken into account in determining the average qualified research expenses, or average basic research payments, taken into account under subsection (a), the qualified research expenses and basic research payments taken into account in determining such averages shall be determined on a basis consistent with the determination of qualified research expenses and basic research payments, respectively, for the credit year. (B) Prevention of distortions The Secretary may prescribe regulations to prevent distortions in calculating a taxpayer’s qualified research expenses or basic research payments caused by a change in accounting methods used by such taxpayer between the current year and a year taken into account in determining the average qualified research expenses or average basic research payments taken into account under subsection (a). . (2) Section 41(e) of such Code is amended— (A) by striking all that precedes paragraph (6) and inserting the following: (e) Basic research payments For purposes of this section— (1) In general The term basic research payment means, with respect to any taxable year, any amount paid in cash during such taxable year by a corporation to any qualified organization for basic research but only if— (A) such payment is pursuant to a written agreement between such corporation and such qualified organization, and (B) such basic research is to be performed by such qualified organization. (2) Exception to requirement that research be performed by the organization In the case of a qualified organization described in subparagraph (C) or (D) of paragraph (3), subparagraph (B) of paragraph (1) shall not apply. , (B) by redesignating paragraphs (6) and (7) as paragraphs (3) and (4), respectively, and (C) in paragraph (4) as so redesignated, by striking subparagraphs (B) and (C) and by redesignating subparagraphs (D) and (E) as subparagraphs (B) and (C), respectively. (3) Section 41(f)(3) of such Code is amended— (A) (i) by striking , and the gross receipts in subparagraph (A)(i) and all that follows through determined under clause (iii) , (ii) by striking clause (iii) of subparagraph (A) and redesignating clauses (iv), (v), and (vi), thereof, as clauses (iii), (iv), and (v), respectively, (iii) by striking and (iv) each place it appears in subparagraph (A)(iv) (as so redesignated) and inserting and (iii) , (iv) by striking subclause (IV) of subparagraph (A)(iv) (as so redesignated), by striking , and at the end of subparagraph (A)(iv)(III) (as so redesignated) and inserting a period, and by adding and at the end of subparagraph (A)(v)(II) (as so redesignated), (v) by striking (A)(vi) in subparagraph (B) and inserting (A)(v) , and (vi) by striking (A)(iv)(II) in subparagraph (B)(i)(II) and inserting (A)(iii)(II) , (B) by striking , and the gross receipts of the predecessor, in subparagraph (A)(iv)(II) (as so redesignated), (C) by striking , and the gross receipts of, in subparagraph (B), (D) by striking , or gross receipts of, in subparagraph (B)(i)(I), and (E) by striking subparagraph (C). (d) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this subsection shall apply to taxable years beginning after December 31, 2013. (2) Subsection (b) The amendment made by subsection (b) shall apply to amounts paid or incurred after December 31, 2013.
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113-hr-4439
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I 113th CONGRESS 2d Session H. R. 4439 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Ms. Brown of Florida introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Small Business , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure that minority-owned and women-owned businesses have a full and fair opportunity to compete in covered rail projects and contracts, and that the Federal Government does not subsidize discrimination in covered rail projects.
1. Disadvantaged business enterprise program (a) Findings Congress finds the following: (1) While significant progress has occurred due to the enactment of a disadvantaged business enterprise program for highways and mass transit, including commuter rail passenger transportation, discrimination and related barriers continue to pose significant obstacles for minority-owned and women-owned businesses seeking to do business in federally assisted surface transportation-related markets, including intercity rail passenger transportation markets. This continuing discrimination warrants the establishment of the disadvantaged business enterprise program under this section. (2) Discrimination poses serious barriers to the full and fair participation of minority and women business owners, including African-Americans, Hispanic-Americans, Asian-Americans, and Native Americans in federally assisted surface transportation-related projects and contracts, including intercity rail passenger transportation projects and contracts. (3) Discrimination impacts minority and women business owners in every geographic region of the United States and throughout all of the surface transportation-related industries, including intercity rail passenger transportation industries. (4) Congress has reviewed evidence of discrimination against minority and women business owners throughout the transportation sector, including— (A) statistical analyses demonstrating significant disparities in the utilization of minority-owned and women-owned businesses in federally and locally funded transportation contracting; (B) statistical analyses of private sector disparities in business success by minority-owned and women-owned businesses in transportation industries; (C) research compiling anecdotal reports of discrimination against individual minority and women business owners; (D) individual reports of discrimination against minority and women business owners and the organizations and individuals who represent minority and women business owners; (E) analyses demonstrating significant reductions in the participation of minority and women businesses in jurisdictions that have reduced or eliminated their minority-owned and women-owned business programs; (F) statistical analyses showing significant disparities in the credit available to minority-owned and women-owned businesses; (G) research and statistical analyses demonstrating how discrimination negatively impacts firm formation, growth, and success; (H) experience of State departments of transportation and localities demonstrating that race-neutral and gender-neutral efforts alone are insufficient to remedy discrimination; and (I) other qualitative and quantitative evidence of discrimination against minority-owned and women-owned businesses in the transportation sector. (5) Congress has received and reviewed compelling evidence of discrimination from many different sources, including congressional hearings and roundtables, studies, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. (6) All of this evidence applies not only to highway and mass transportation programs, but also to rail programs, providing a compelling need for the establishment of the disadvantaged business enterprise program under this section to address race and gender discrimination in intercity rail passenger transportation. (b) Program There is established a disadvantaged business enterprise program for the Federal Railroad Administration to ensure that disadvantaged business enterprises have a full and fair opportunity to compete in covered rail projects and to ensure that the Federal Government does not subsidize discrimination in covered rail projects. (c) Amounts for disadvantaged business enterprises Except to the extent that the Secretary of Transportation determines otherwise, not less than 10 percent of the amounts made available through a grant, contract, loan, or other financing instrument for any covered rail project shall be expended through disadvantaged business enterprises. (d) Annual listing of disadvantaged business enterprises The unified certification program established under subsection (e) shall annually survey and compile a list of disadvantaged business enterprises and their location, and shall include an indication of the percentage of such enterprises which are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are otherwise socially and economically disadvantaged individuals. (e) Uniform certification For purposes of carrying out this section, the Secretary of Transportation shall establish minimum uniform criteria to use in certifying whether a concern qualifies as a small business concern. The minimum uniform criteria shall include on-site visits, personal interviews with personnel, issuance or inspection of licenses, analyses of stock ownership, listing of equipment, analyses of bonding capacity, listing of work completed, examination of the resume of principal owners, analyses of financial capacity, and analyses of the type of work preferred. Federal Railroad Administration recipients of funds subject to this section must participate in unified certification program approved by the Secretary. (f) Reporting The Secretary of Transportation shall establish minimum requirements for covered rail project Federal funding recipients to report to the Secretary— (1) information concerning minority-owned and women-owned business awards, commitments, and achievements; and (2) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program under this section. (g) Compliance with court orders Nothing in this section limits the eligibility of an entity or person to receive funds if the entity or person is prevented, in whole or in part, from complying with subsection (c) because a Federal court issues a final order in which the court finds that a requirement or the implementation of subsection (c) is unconstitutional. (h) Definitions In this section, the following definitions apply: (1) Commuter rail passenger transportation and intercity rail passenger transportation The terms commuter rail passenger transportation and intercity rail passenger transportation have the meaning given those terms in section 24102 of title 49, United States Code. (2) Covered rail project The term covered rail project means any railroad project that is carried out or is planned to be carried out with the use of Federal funds administered by the Federal Railroad Administration through a grant, contract, loan, or other financing instrument. (3) Disadvantaged business enterprise The term disadvantaged business enterprise means a small business concern owned by socially and economically disadvantaged individuals. (4) Small business concern The term small business concern has the meaning given that term under section 3 of the Small Business Act ( 15 U.S.C. 632 ), except that the term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts over the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary of Transportation for inflation. (5) Socially and economically disadvantaged individuals The term socially and economically disadvantaged individuals has the meaning given that term under section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section.
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113-hr-4440
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I 113th CONGRESS 2d Session H. R. 4440 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Cohen (for himself and Mr. Whitfield ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to prohibit the transportation of horses in interstate transportation in a motor vehicle containing 2 or more levels stacked on top of one another.
1. Short title This Act may be cited as the Horse Transportation Safety Act of 2014 . 2. Transportation of horses Section 80502 of title 49, United States Code, is amended— (1) in subsection (c), by striking This section does not and inserting Subsections (a) and (b) shall not ; (2) by redesignating subsection (d) as subsection (e); (3) by inserting after subsection (c) the following: (d) Transportation of horses (1) Prohibition No person may transport, or cause to be transported, a horse from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States in a motor vehicle containing 2 or more levels stacked on top of each other. (2) Motor vehicle defined In this subsection, the term motor vehicle — (A) means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways; and (B) does not include a vehicle operated exclusively on a rail or rails. ; and (4) in subsection (e), as redesignated— (A) by striking A rail carrier and inserting the following: (1) In general A rail carrier ; (B) by striking this section and inserting subsection (a) or (b) ; and (C) by striking On learning and inserting the following: (2) Transportation of horses in multilevel trailer (A) Civil penalty A person that knowingly violates subsection (d) is liable to the United States Government for a civil penalty of at least $100, but not more than $500, for each violation. A separate violation of subsection (d) occurs for each horse that is transported, or caused to be transported, in violation of subsection (d). (B) Relationship to other laws The penalty imposed under subparagraph (A) shall be in addition to any penalty or remedy available under any other law or common law. (3) Civil action On learning .
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113-hr-4441
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I 113th CONGRESS 2d Session H. R. 4441 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Nolan 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 require pipelines regulated by the Secretary of Transportation to be made of steel that is produced in the United States and originates from iron ore and taconite mined and processed in the United States, for safety, and for other purposes.
1. Short title This Act may be cited as the American Pipeline Jobs and Safety Act of 2014 . 2. American steel Section 60102 of title 49, United States Code, is amended by adding at the end the following new subsection: (q) American steel (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall prescribe minimum safety standards requiring that any pipeline subject to this chapter that is constructed or replaced after such date of enactment be made of steel that— (A) is produced in the United States; and (B) originates from iron ore and taconite mined and processed in the United States. (2) Use of recycled materials For purposes of this subsection, steel that is recycled in the United States shall be considered to be steel described in subparagraphs (A) and (B) of paragraph (1) if the recycled materials are combined with iron ore and taconite mined and processed in the United States. (3) Waivers (A) In general In prescribing safety standards under this subsection, the Secretary shall permit a waiver of the requirements of paragraph (1) to the extent that the Secretary determines such a waiver is necessary based on the estimate prepared under subparagraph (B). (B) Annual demand and supply estimate The Secretary shall prepare annually an estimate of— (i) the amount of steel likely to be needed to be produced to meet the requirements of paragraph (1); and (ii) the production capacity of United States producers of steel described in subparagraphs (A) and (B) of such paragraph. (C) Approval of sources The Secretary shall ensure that steel permitted to be used in pipelines pursuant to a waiver under this paragraph meets the same standards as steel described in subparagraphs (A) and (B) of paragraph (1), and shall publish a list of approved sources of steel so permitted. . 3. Inspection and testing (a) Testing Section 60108(b) of title 49, United States Code, is amended by adding at the end the following new paragraph: (4) Testing under this subsection shall include direct, pre-installation testing by the Secretary of pipelines for quality verification. . (b) Authorization of appropriations Section 60125 of title 49, United States Code, is amended by adding at the end the following new subsection: (d) Inspection and testing There is authorized to be appropriated $10,000,000 for each fiscal year to carry out direct, pre-installation inspection and testing of pipelines under this chapter, including testing of pipelines under section 60108(b)(4) and testing and inspection of steel pursuant to section 60102(q). .
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113-hr-4442
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I 113th CONGRESS 2d Session H. R. 4442 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. O’Rourke introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to require all political committees to notify the Federal Election Commission within 48 hours of receiving cumulative contributions of $1,000 or more from any contributor during a calendar year, and for other purposes.
1. Short title This Act may be cited as the Real Time Transparency Act of 2014 . 2. 48-hour notification required for all political committees receiving cumulative contributions of $1,000 or more during a year from any contributor (a) Notification Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434(a)(6)(A) ) is amended to read as follows: (A) (i) If a political committee receives an aggregate amount of contributions equal to or greater than $1,000 from any contributor during a calendar year, the committee shall submit a notification to the Commission containing the name of the committee (and, in the case of an authorized committee of a candidate, the name of the candidate and the office sought by the candidate), the identification of the contributor, and the date of receipt and amount of the contributions involved. (ii) If, at any time after a political committee is required to submit a notification under this subparagraph with respect to a contributor during a calendar year, the political committee receives additional contributions from that contributor during that year, the committee shall submit an additional notification under clause (i) with respect to such contributor each time the aggregate amount of the additional contributions received from the contributor during the year equals or exceeds $1,000 (excluding the amount of any contribution for which information is required to be included in a previous notification under this subparagraph). (iii) The political committee shall submit the notification required under this subparagraph with respect to a contributor— (I) in the case of a notification described in clause (i), not later than 48 hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year first equals or exceeds $1,000; or (II) in the case of an additional notification described in clause (ii), not later than 48 hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year for which information was not already included in a notification under this subparagraph first equals or exceeds $1,000. (iv) For purposes of this subparagraph, any amount transferred by a joint fundraising committee which is established by an authorized committee of a candidate to any other authorized committee of that candidate shall be treated as a contribution by the joint fundraising committee to such authorized committee. . (b) Effective Date The amendment made by subsection (a) shall apply with respect to contributions received by a political committee under the Federal Election Campaign Act of 1971 during 2014 or any succeeding year, except that nothing in such amendment may be construed to require a political committee which does not receive contributions during the portion of 2014 which occurs after the date of the enactment of this Act to meet the requirements of section 304(a)(6)(A) of the Federal Election Campaign Act of 1971, as amended by subsection (a). 3. Filing by Senate candidates with Federal Election Commission (a) Mandatory Filing with FEC Section 302(g) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432(g) ) is amended to read as follows: (g) Filing With the Commission All designations, statements, and reports required to be filed under this Act shall be filed with the Commission. . (b) Effective Date The amendment made by subsection (a) shall apply with respect to materials filed on or after the date of the enactment of this Act.
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113-hr-4443
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I 113th CONGRESS 2d Session H. R. 4443 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Rangel 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 90 Vermilyea Avenue, in New York, New York, as the Corporal Juan Mariel Alcantara Post Office Building .
1. Corporal Juan Mariel Alcantara Post Office Building (a) Designation The facility of the United States Postal Service located at 90 Vermilyea Avenue, in New York, New York, shall be known and designated as the Corporal Juan Mariel Alcantara Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Corporal Juan Mariel Alcantara Post Office Building .
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113-hr-4444
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I 113th CONGRESS 2d Session H. R. 4444 IN THE HOUSE OF REPRESENTATIVES April 9, 2014 Mr. Ribble (for himself, Mr. Pocan , Ms. Jenkins , Mr. McKinley , Mr. Grijalva , and Mr. Takano ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Congressional Budget Act of 1974 to require that the Congressional Budget Office prepare long-term scoring estimates for reported bills and joint resolutions that could have significant economic and fiscal effects outside of the normal scoring periods.
1. Short title This Act may be cited as the Long-Term Studies of Comprehensive Outcomes and Returns for the Economy Act ( Long-Term SCORE Act ). 2. Findings and Purpose (a) Findings Congress finds the following: (1) The Centers for Disease Control and Prevention estimates that 133 million Americans live with at least one chronic condition. (2) More than three of every four health care dollars spent in the United States derive from the care of chronic medical conditions. (3) Such conditions include diabetes, cardiovascular disease, cancer, obesity, arthritis, and Alzheimers. (4) Reports from the Trust for America’s Health, the Campaign to End Obesity, and other organizations demonstrate that Federal policies which lead to reductions in the prevalence of one or more chronic disease may save United States taxpayers as much as $611 billion over the next 20 years, and more in years beyond that time window. (5) The Congressional Budget Office, which estimates the cost of Federal policies, typically provides Congress with budgetary impact analyses for a five- or ten-year period. (6) Longer-term budgetary impacts fall beyond the traditional Congressional Budget Office budget window and therefore are not captured in Congressional determinations of policies that reflect strategic investments in chronic disease prevention and treatment, and similar long-term policies. (7) The Congressional Budget Office has produced some long-term budget analysis, assessing the budgetary impact of certain programs for a period of as much as 75 years. (8) The Congressional Budget Office presently lacks adequate resources to conduct more regular long-term economic analyses. (9) Congress and taxpayers will benefit from having such analyses more regularly available to steward Federal dollars into the most effective policies and programs, particularly those that will generate long-term budgetary savings. (b) Purpose The purpose of this Act is to require that the Congressional Budget Office prepare long-term scoring estimates for reported bills and joint resolutions that could have significant economic and fiscal effects outside of the normal scoring periods. 3. Establishment of Assistant Director for Long-Term Budget Scoring Paragraph (1) of section 201(a) of the Congressional Budget Act of 1974 is amended by inserting (A) after (1) and by adding at the end the following new subparagraph: (B) There is established within the Office a long-term budget scoring division which shall be headed by an assistant director who shall report directly to the Director. . 4. Long-term cost analyses of legislation by CBO Section 402 of the Congressional Budget Act of 1974 is amended by inserting (a) Cost estimates .— after sec. 402 . and by adding at the end the following new subsection: (b) Long-Term cost estimates Whenever the Director of the Congressional Budget Office prepares an analysis of the costs of a bill or resolution under subsection (a), and upon the request of any Member of the House of Representatives or the Senate, the Director shall prepare and submit to such committee the information requested under paragraphs (1), (2), and (3) of subsection (a), except that such information shall be for, if practicable, at least each of the next four ten fiscal-year periods beginning with the first fiscal year after the last fiscal year for which an analysis was prepared under subsection (a). . 5. Authorization of appropriations for long-term cost estimating Section 201(g) of the Congressional Budget Act of 1974 is amended by striking the second sentence and inserting the following new sentence: In addition to such sums as may otherwise be appropriated to the Office, there are authorized to be appropriated to the Office for each fiscal year $5,000,000 to enable it to prepare the long-term cost estimates required by section 402(b). .
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113-hr-4445
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I 113th CONGRESS 2d Session H. R. 4445 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Cartwright (for himself, Mr. Grayson , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Older Americans Act of 1965 to develop and test an expanded and advanced role for direct care workers who provide long-term services and supports to older individuals in efforts to coordinate care and improve the efficiency of service delivery.
1. Short title This Act may be cited as the Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014 . 2. Findings Congress finds the following: (1) As of 2012, more than 41,000,000 Americans are age 65 or older. More than 75 percent of them suffer from chronic conditions which require person-centered, coordinated care that helps them to live in a home- or community-based setting. In 2012, the Government Accountability Office found that 34 percent of Americans 60 and older reported needing assistance performing Activities of Daily Living. (2) Direct-care workers (referred to in this section as DCWs ) provide an estimated 70 to 80 percent of the paid hands-on long-term care and personal assistance received by elders and people with disabilities or other chronic conditions in the United States. These workers help their clients bathe, dress, and negotiate a host of other daily tasks. They are a lifeline for those they serve, as well as for families and friends struggling to provide quality care. (3) Eldercare and disability services positions account for nearly one-third of the 18,000,000 health care jobs in the United States. The direct-care workforce alone accounts for more than 4,000,000 jobs, expected to add 1,600,000 new positions by 2020. (4) The majority of DCWs are now employed in home- and community-based settings, and not in institutional settings such as nursing care facilities or hospitals. By 2020, home- and community-based DCWs are likely to outnumber facility workers by more than 2 to 1. (5) A 2008 Institute of Medicine report, entitled Re-tooling for an Aging America: Building the Health Care Workforce , called for new models of care delivery and coordination, and dedicated a chapter to the central importance of the direct-care workforce in a re-tooled eldercare delivery system. (6) An Institute of Medicine report on the future of nursing, released in October of 2010, recommended nurses should practice to the full extent of their education and training. The report also states that all health care professionals should work collaboratively in team-based models, and that the goal should be to encourage care models that use every member of the team to the full capacity of his or her training and skills. (7) The Patient Protection and Affordable Care Act ( Public Law 111–148 ) emphasizes the need for improving care and lowering costs by better coordination of care and integration of services, particularly for consumers with multiple chronic conditions. This will require developing new models of care for those receiving long-term services and supports. 3. Demonstration program on care coordination and service delivery Part A of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3032 et seq. ) is amended by adding at the end the following: 423. Demonstration program on care coordination and service delivery (a) Establishment of demonstration program (1) In general The Assistant Secretary shall carry out a demonstration program in accordance with this section. Under such program, the Assistant Secretary shall award grants to eligible entities to carry out demonstration projects that focus on care coordination and service delivery redesign for older individuals with chronic illness or at risk of institutional placement by— (A) designing and testing new models of care coordination and service delivery that thoughtfully and effectively deploy advanced aides to improve efficiency and quality of care for frail older individuals; and (B) giving direct-care workers opportunities for career advancement through additional training, an expanded role, and increased compensation. (2) Direct-care worker In this section, the term direct-care worker has the meaning given that term in the 2010 Standard Occupational Classifications of the Department of Labor for Home Health Aides [31–1011], Psychiatric Aides [31–1013], Nursing Assistants [31–1014], and Personal Care Aides [39–9021]. (b) Demonstration projects The demonstration program shall be composed of 6 demonstration projects, as follows: (1) Two demonstration projects shall focus on using the abilities of direct-care workers to promote smooth transitions in care and help to prevent unnecessary hospital readmissions. Under these projects, direct-care workers shall be incorporated as essential members of interdisciplinary care coordination teams. (2) Two demonstration projects shall focus on maintaining the health and improving the health status of those with multiple chronic conditions and long-term care needs. Under these projects, direct-care workers shall assist in monitoring health status, ensuring compliance with prescribed care, and educating and coaching the older individual involved and any family caregivers. (3) Two demonstration projects shall focus on training direct-care workers to take on deeper clinical responsibilities related to specific diseases, including Alzheimer’s and dementia, congestive heart failure, and diabetes. (c) Eligible entity In this section, the term eligible entity means a consortium that consists of— (1) at least 1— (A) long-term care and rehabilitation facility; or (B) home personal care service provider; and (2) at least 1— (A) hospital or health system; (B) labor organization or labor-management partnership; (C) community-based aging service provider; (D) patient-centered medical home; (E) federally qualified health center; (F) managed care entity, including a managed health and long-term care program; (G) entity that provides health services training; (H) State-based public entity engaged in building new roles and related curricula for direct-care workers; or (I) any other entity that the Assistant Secretary deems eligible based on integrated care criteria. (d) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include— (1) a description of the care coordination and service delivery models of the entity, detailed on a general, organizational, and staff level; (2) a description of how the demonstration project carried out by the entity will improve care quality, including specific objectives and anticipated outcomes that will be used to measure success; and (3) a description of how the coordinated care team approach with an enhanced role for the direct-care worker under the demonstration project will increase efficiency and cost effectiveness compared to past practice. (e) Planning awards under demonstration program (1) In general Each eligible entity that receives a grant under this section shall receive a grant for planning activities related to the demonstration project to be carried out by the entity, including— (A) designing the implementation of the project; (B) identifying competencies and developing curricula for the training of participating direct-care workers; (C) developing training materials and processes for other members of the interdisciplinary care team; (D) articulating a plan for identifying and tracking cost savings gained from implementation of the project and for achieving long-term financial sustainability; and (E) articulating a plan for evaluating the project. (2) Amount and term (A) Total amount The amount awarded under paragraph (1) for all grants shall not exceed $600,000. (B) Term Activities carried out under a grant awarded under paragraph (1) shall be completed not later than 1 year after the grant is awarded. (f) Implementation awards under demonstration program (1) In general Each eligible entity may receive a grant for implementation activities related to the demonstration project to be carried out by the entity, if the Assistant Secretary determines the entity— (A) has successfully carried out the activities under the grant awarded under subsection (e); (B) offers a feasible plan for long-term financial sustainability; (C) has constructed a meaningful model of advancement for direct-care workers; and (D) aims to provide training to a sizeable number of direct-care workers and to serve a sizeable number of older individuals. (2) Use of funds The implementation activities described under paragraph (1) shall include— (A) training of all care team members in accordance with the design of the demonstration project; and (B) evaluating the competency of all staff based on project design. (3) Evaluation and report (A) Evaluation Each recipient of a grant under paragraph (1), in consultation with an independent evaluation contractor, shall evaluate— (i) the impact of training and deployment of direct-care workers in advanced roles, as described in this section, within each participating entity on outcomes, such as direct-care worker job satisfaction and turnover, beneficiary and family caregiver satisfaction with services, rate of hospitalization of beneficiaries, and additional measures determined by the Secretary; (ii) the impact of such training and deployment on the long-term services and supports delivery system and resources; (iii) statement of the potential of the use of direct-care workers in advanced roles to lower cost and improve quality of care in the Medicaid program; and (iv) long-term financial sustainability of the model used under the grant and the impact of such model on quality of care. (B) Reports Not later than 180 days after completion of the demonstration program under this section, each recipient of a grant under paragraph (1) shall submit to the Secretary a report on the implementation of activities conducted under the demonstration project, including— (i) the outcomes, performance benchmarks, lessons learned from the project; (ii) a statement of cost savings gained from implementation of the project and how the cost savings have been reinvested to improve direct-care job quality and quality of care; and (iii) results of the evaluation conducted under subparagraph (A) with respect to such activities, together with such recommendations for legislation or administrative action for expansion of the demonstration program on a broader scale as the Secretary determines appropriate. (4) Amount and term (A) Total amount The amount awarded under paragraph (1) for all grants shall not exceed $2,900,000. (B) Term Activities carried out under a grant awarded under paragraph (1) shall be completed not later than 3 years after the grant is awarded. .
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113-hr-4446
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I 113th CONGRESS 2d Session H. R. 4446 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Shuster (for himself, Mr. Culberson , Mr. Bishop of Georgia , Mr. Cartwright , Mr. Thompson of Pennsylvania , Mr. Meehan , and Mr. Cook ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To require the Secretary of Veterans Affairs to conduct a study on matters relating to the claiming and interring of unclaimed remains of veterans, and for other purposes.
1. Short title This Act may be cited as the Dignified Interment of Our Veterans Act of 2014 . 2. Department of Veterans Affairs study on matters relating to claiming and interring unclaimed remains of veterans (a) Study and report required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (1) complete a study on matters relating to the identification, claiming, and interring of unclaimed remains of veterans; and (2) submit to Congress a report on the findings of the Secretary with respect to the study required under paragraph (1). (b) Matters studied The matters studied under subsection (a)(1) shall include the following: (1) Determining the scope of issues relating to unclaimed remains of veterans, including an estimate of the number of unclaimed remains of veterans on the day before the date of the enactment of this Act. (2) Assessing the effectiveness of the procedures of the Department of Veterans Affairs for claiming and interring unclaimed remains of veterans. (3) Identifying and assessing State and local laws that affect the ability of the Secretary to identify, claim, and inter unclaimed remains of veterans. (4) Developing recommendations for such legislative or administrative action as the Secretary considers appropriate.
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113-hr-4447
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I 113th CONGRESS 2d Session H. R. 4447 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Farenthold (for himself, Mr. DesJarlais , and Mr. Lankford ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To direct the employing authority of any officer or employee of the Federal Government who is in contempt of Congress to not pay compensation to the officer or employee while the officer or employee remains in contempt, and for other purposes.
1. Short title This Act may be cited as the Contempt Act . 2. No payment of compensation for Federal employees in contempt of Congress (a) No Payment Permitted If an officer or employee of the Federal Government is in a period of contempt of Congress during any pay period, the head of the employing authority of the employee shall not pay the compensation otherwise required to be paid to the officer or employee for such pay period. (b) Definitions In this Act— (1) the term officer has the meaning given such term in section 2104 of title 5, United States Code; and (2) the term employee has the meaning given such term in section 2105 of title 5, United States Code. 3. Period of contempt of Congress described (a) Period Described For purposes of this Act, a period of contempt of Congress is, with respect to an officer or employee of the Federal Government, any of the following: (1) The period which begins on the date on which a resolution holding the officer or employee in contempt is adopted by the House of Representatives or Senate and ends on the date on which a resolution revoking such contempt is adopted by the House or Senate (as the case may be). (2) The period which begins on the date on which a statement of contempt described in subsection (b) is filed in the House of Representatives or Senate with respect to the officer or employee and which ends on the date on which a statement withdrawing such statement of contempt is filed with the House or Senate (as the case may be). (b) Statement of Contempt Described In this Act, a statement of contempt is, with respect to an individual, a statement of fact which has been filed with the President of the Senate or the Speaker of the House of Representatives under section 104 of the Revised Statutes ( 2 U.S.C. 194 ) that the individual has failed to appear, testify, produce information, or answer pertinent questions when summoned by Congress or a committee of Congress.
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113-hr-4448
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I 113th CONGRESS 2d Session H. R. 4448 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Pittenger (for himself, Mr. Pitts , Mr. Denham , Mr. Southerland , Mr. Burgess , Mr. Weber of Texas , and Mr. Huizenga of Michigan ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To direct the President to suspend assistance to foreign countries that fail to use INTERPOL’s Stolen and Lost Travel Documents database for purposes of determining accuracy of passports of prospective passengers on commercial flights.
1. Short title This Act may be cited as the Safe Skies Act of 2014 . 2. Suspension of assistance to foreign countries that fail to use INTERPOL’s Stolen and Lost Travel Documents database (a) Suspension The President shall suspend assistance for a fiscal year to a foreign country that is identified in the report submitted to Congress under subsection (b) with respect to the immediately preceding fiscal year. (b) Report Not later than September 1 of each fiscal year, the President shall submit to Congress a report that identifies each foreign country the government of which the President determines failed to use the Stolen and Lost Travel Documents (SLTD) database of the International Criminal Police Organization (INTERPOL) for purposes of determining accuracy of passports of prospective passengers on commercial flights during such fiscal year. (c) Waiver The President may waive the limitation under subsection (a) in whole or in part with respect to a foreign country if— (1) the President determines and certifies to Congress that it is in the national security interests of the United States to do so; and (2) such determination is approved by an Act of Congress. (d) Effective date and applicability (1) Effective date This section takes effect on the date of the enactment of this Act and applies in accordance with the provisions of paragraph (2). (2) Applicability Subsection (a) applies beginning with the third fiscal year that begins after the date of the enactment of this Act and subsection (b) applies beginning with the second fiscal year that begins after the date of the enactment of this Act.
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113-hr-4449
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I 113th CONGRESS 2d Session H. R. 4449 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Sean Patrick Maloney of New York introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Trafficking Victims Protection Act of 2000 to expand the training for Federal Government personnel related to trafficking in persons, and for other purposes.
1. Short title This Act may be cited as the Human Trafficking Prevention Act . 2. Expanded training relating to trafficking in persons Section 105(c)(4) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(c)(4) ) is amended— (1) by inserting , including members of the Service (as such term is defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 )) after Department of State ; and (2) by adding at the end the following: Training under this paragraph shall include, at a minimum, the following: (A) A distance learning course on trafficking-in-persons issues and the Department of State’s obligations under this Act, targeted for embassy reporting officers, regional bureaus’ trafficking-in-persons coordinators, and their superiors. (B) Specific trafficking-in-persons briefings for all ambassadors and deputy chiefs of mission before such individuals depart for their posts. (C) At least annual reminders to all such personnel, including appropriate personnel from other Federal departments and agencies, at each diplomatic or consular post of the Department of State located outside the United States of key problems, threats, methods, and warning signs of trafficking in persons specific to the country or jurisdiction in which each such post is located, and appropriate procedures to report information that any such personnel may acquire about possible cases of trafficking in persons. .
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113-hr-4450
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I 113th CONGRESS 2d Session H. R. 4450 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Bilirakis (for himself, Mr. Welch , Mr. Heck of Nevada , Mr. Farr , Mr. Webster of Florida , Ms. Titus , Mr. Jolly , Ms. Wasserman Schultz , Mr. Miller of Florida , Ms. Wilson of Florida , Mr. Kinzinger of Illinois , Ms. Castor of Florida , Ms. Ros-Lehtinen , Mr. Diaz-Balart , Mr. Ross , Mr. Crenshaw , Mr. Peters of California , Mr. Southerland , Mr. Quigley , Mr. DeSantis , Mr. Rush , Mr. Murphy of Florida , Ms. Matsui , Mr. Butterfield , Ms. Eshoo , Ms. Gabbard , Ms. Loretta Sanchez of California , Mr. Pierluisi , Mrs. Capps , Mr. Peterson , Mr. Sherman , Mr. Cicilline , Ms. Hahn , Mrs. Christensen , Ms. Chu , Mr. Lowenthal , Mr. Costa , Mr. Long , Mr. Smith of Texas , Mr. Schock , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Homeland Security , 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 extend the Travel Promotion Act of 2009, and for other purposes.
1. Short title This Act may be cited as the Travel Promotion, Enhancement, and Modernization Act of 2014 . 2. Board of directors Subsection (b)(2)(A) of the Travel Promotion Act of 2009 ( 22 U.S.C. 2131(b)(2)(A) ) is amended— (1) in the matter preceding clause (i)— (A) in the first sentence, by striking promotion and marketing and inserting promotion or marketing ; and (B) by inserting after the first sentence the following: At least 5 members of the board shall have experience working in United States multinational entities with marketing budgets. At least 2 members of the board shall be audit committee financial experts (as defined by the Securities and Exchange Commission in accordance with section 407 of Public Law 107–204 ( 15 U.S.C. 7265 )). All members of the board shall be a current or former chief executive officer, chief financial officer, or chief marketing officer, or have held an equivalent management position. ; and (2) in clause (x), by striking intercity passenger railroad business and inserting land or sea passenger transportation sector . 3. Annual report to Congress Subsection (c)(3) of the Travel Promotion Act of 2009 ( 22 U.S.C. 2131(c)(3) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) by redesignating subparagraph (G) as subparagraph (I); and (3) by inserting after subparagraph (F) the following: (G) a description of, and rationales for, the Corporation’s efforts to focus on specific countries and populations; (H) (i) a description of, and rationales for, the Corporation’s combination of media channels employed in meeting the promotional objectives of its marketing campaign; (ii) the ratio in which such channels are used; and (iii) a justification for the use and ratio of such channels; and . 4. Biannual review of procedures to determine fair market value of goods and services Subsection (d)(3) of the Travel Promotion Act of 2009 ( 22 U.S.C. 2131(d)(3) ) is amended— (1) in subparagraph (B)(ii), by striking 80 percent and inserting 75 percent ; and (2) by adding at the end the following: (E) Biannual review of procedures to determine fair market value of goods and services The Corporation and the Secretary of Commerce (or their designees) shall meet on a biannual basis to review the procedures to determine the fair market value of goods and services received from non-Federal sources by the Corporation under subparagraph (B). . 5. Extension of Travel Promotion Act of 2009 (a) In general The Travel Promotion Act of 2009 ( 22 U.S.C. 2131 ) is amended— (1) in subsection (b)(5)(A)(iv), by striking all States and the District of Columbia and inserting all States and territories of the United States and the District of Columbia, ; and (2) in subsection (d)— (A) in paragraph (2)(B), by striking 2015 and inserting 2020 ; and (B) in paragraph (4)(B), by striking fiscal year 2011, 2012, 2013, 2014, or 2015 and inserting each of the fiscal years 2011 through 2020 . (b) Sunset of Travel Promotion Fund fee Section 217(h)(3)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h)(3)(B)(iii) ) is amended by striking September 30, 2015 and inserting September 30, 2020 . 6. Accountability; procurement requirements The Travel Promotion Act of 2009 ( 22 U.S.C. 2131 ), as amended by this Act, is further amended— (1) by redesignating subsections (e), (f), (g), and (h) as subsections (h), (e), (i), and (j), respectively; and (2) by inserting after subsection (e), as redesignated, the following: (f) Accountability (1) Performance plans and measures Not later than 90 days after the date of the enactment of the Travel Promotion, Enhancement, and Modernization Act of 2014 , the Corporation shall establish performance metrics— (A) to measure the impact of marketing efforts by the Corporation; and (B) to demonstrate any cost or benefit to the economy of the United States. (2) GAO accountability Not later than 60 days after the date on which the Corporation receives a report from the Government Accountability Office with recommendations for the Corporation, the Corporation shall submit a report to Congress that describes the actions taken by the Corporation in response to the recommendations in such report. (g) Procurement requirements The Corporation shall— (1) establish a competitive procurement process; and (2) certify in its annual report to Congress under subsection (c)(3) that any contracts entered into were in compliance with the established competitive procurement process. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4450ih/xml/BILLS-113hr4450ih.xml
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113-hr-4451
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I 113th CONGRESS 2d Session H. R. 4451 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Conyers introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide for the protection of the general public, and for other purposes.
1. Short title This Act may be cited as the Dangerous Products Warning Act . 2. Dangerous products (a) In general Part 1 of title 18, United States Code, is amended by inserting after chapter 27 the following: 28 Dangerous products Sec. 571. Violations. 572. Relationship to existing law. 573. Construction. 574. Definitions for chapter. 571. Violations (a) Failure To inform and warn Whoever— (1) is a business entity or a product supervisor with respect to a product or business practice; (2) knows of a serious danger associated with such product (or a component of that product) or business practice; and (3) knowingly fails within 15 days after such discovery is made (or if there is imminent risk of serious bodily injury or death, immediately) to do any of the following: (A) To inform an appropriate Federal agency in writing, unless such product supervisor has actual knowledge that such an agency has been so informed. (B) To warn affected employees in writing, unless such product supervisor has actual knowledge that such employees have been so warned. (C) To inform persons other than affected employees at risk if they can reasonably be identified. shall be fined under this title or imprisoned not more than 5 years, or both. (b) Retaliation Whoever knowingly discriminates against any person in the terms or conditions of employment or in retention in employment or in hiring because of such person having informed a Federal agency or warned employees of a serious danger associated with a product or business practice shall be fined under this title or imprisoned not more than one year, or both. (c) Nonpayment by business entities If a fine is imposed on an individual under this section, such fine shall not be paid, directly or indirectly, out of the assets of any business entity on behalf of that individual. 572. Relationship to existing law (a) Rights To intervene Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or group or class of consumers, employees or citizens in any proceeding or activity. (b) State law Nothing in this chapter preempts any State law or otherwise affects any State authority to adopt or enforce any State law. 573. Construction This chapter shall be construed in such a manner as best to represent and protect the interests of the public. 574. Definitions for chapter In this chapter— (1) the term product supervisor — (A) means— (i) an officer or director of a corporation or an association; (ii) a partner of a partnership; or (iii) any employee or other agent of a corporation, association, or partnership having duties such that the conduct of such employee or agent may fairly be assumed to represent the policy of the corporation, association, or partnership; and (B) includes persons having management responsibility for— (i) submissions to a Federal agency regarding the development or approval of any product; (ii) production, quality assurance, or quality control of any product; or (iii) research and development of any product; (2) the term product means a product or service of a business entity that enters or will enter interstate commerce; (3) the term business entity means any corporation, company, association, firm, partnership, or other business entity or a sole proprietor; (4) the term business practice means a method or practice of manufacturing, assembling, designing, researching, importing or distributing a product that enters or will enter interstate commerce, conducting, providing or preparing to provide a service that enters or will enter interstate commerce, or otherwise carrying out business operations related to products or services that enter or will enter interstate commerce; (5) the term serious danger , used with respect to a product or business practice, means a danger, not readily apparent to the average person, that the normal or reasonably foreseeable use of, or the exposure of a human being to, that product or business practice may cause death or serious bodily injury to a human being; (6) the term serious bodily injury means an impairment of physical condition, including as result of trauma, repetitive motion or disease, that— (A) creates a substantial risk of death; or (B) causes— (i) serious permanent disfigurement; (ii) unconsciousness; (iii) extreme pain; or (iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; (7) the term appropriate Federal agency means any agency with jurisdiction over the product or business practice; and (8) the term warn affected employees , used with respect to a serious danger, means take reasonable steps to give sufficient description of the serious danger to all individuals working for or in the business entity who are likely to be subject to the serious danger in the course of that work to make those individuals aware of that danger. . (b) Clerical amendment The table of chapters for title 18, United States Code, is amended by inserting, after the item relating to chapter 27, the following: 28. Dangerous products 571 . 3. Effective date The amendments made by this Act take effect 180 days after the date of enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4451ih/xml/BILLS-113hr4451ih.xml
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113-hr-4452
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I 113th CONGRESS 2d Session H. R. 4452 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Conyers introduced the following bill; which was referred to the Committee on the Judiciary , 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 establish a corporate crime database, and for other purposes.
1. Short title This Act may be cited as the Corporate Crime Database Act . 2. Attorney General to acquire data on corporate-related crime Under the authority of section 534 of title 28, United States Code, and in accordance with this Act, the Attorney General shall acquire data, for each calendar year, regarding all administrative, civil, and criminal judicial proceedings initiated or concluded by the Federal Government and State governments against any corporation or corporate official acting in an official capacity involving a felony or misdemeanor charge or any civil charge where potential fines may be $1,000 or more. 3. Administrative details (a) Reporting by Federal agencies Each department and agency within the Federal Government shall report details about all administrative, civil, and criminal judicial proceedings initiated or concluded in that department or agency’s jurisdiction to the Attorney General in a uniform manner and in a form prescribed by the Attorney General. (b) Guidelines The Attorney General shall establish guidelines for the collection of data and otherwise to carry out the purposes of this Act. (c) Treatment of causes of action Nothing in this Act creates a cause of action or a right to bring an action. This Act does not limit any existing cause of action or right to bring an action. 4. Public Web site The Attorney General shall establish and maintain a publicly available Web site with a database of information regarding improper conduct by all corporations with revenues, as determined under rules prescribed by the Attorney General, of over $1,000,000,000 per annum. 5. Information included in database The database— (1) shall consist of information regarding all administrative, civil, and criminal judicial proceedings initiated or concluded by the Federal Government and State governments against any corporation or corporate official acting in an official capacity involving a felony or misdemeanor charge or any civil charge where potential fines may be $1,000 or more; and (2) shall include, for each proceeding, a brief description of the proceeding, including the agency bringing the charge, the charge, the name of the company charged, the ultimate parent company of the company charged, the locations of both the company and parent company, and the outcome of the action if any, including plea agreements, consent decrees, findings of innocence, convictions, fines and other penalties. 6. Input of data The Attorney General shall design and maintain the database in a manner that allows the appropriate officials of each Federal department or agency directly to input and update in the database information relating to actions that department or agency has taken with regard to criminal or civil enforcement actions. 7. Report The Attorney General shall prepare an annual report to Congress detailing the number of civil, administrative, and criminal enforcement actions brought against any corporation or corporate official acting in an official capacity as well as the ultimate disposition (including the magnitude and category of any penalties assessed).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4452ih/xml/BILLS-113hr4452ih.xml
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113-hr-4453
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I 113th CONGRESS 2d Session H. R. 4453 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Reichert (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the reduced recognition period for built-in gains of S corporations.
1. Reduced recognition period for built-in gains of S corporations made permanent (a) In general Paragraph (7) of section 1374(d) of the Internal Revenue Code of 1986 is amended to read as follows: (7) Recognition period (A) In general The term recognition period means the 5-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section 593(e), the preceding sentence shall be applied without regard to the phrase 5-year . (B) Installment sales If an S corporation sells an asset and reports the income from the sale using the installment method under section 453, the treatment of all payments received shall be governed by the provisions of this paragraph applicable to the taxable year in which such sale was made. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4453ih/xml/BILLS-113hr4453ih.xml
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113-hr-4454
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I 113th CONGRESS 2d Session H. R. 4454 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Reichert (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent certain rules regarding basis adjustments to stock of S corporations making charitable contributions of property.
1. Permanent rule regarding basis adjustment to stock of S corporations making charitable contributions of property (a) In general Section 1367(a)(2) of the Internal Revenue Code of 1986 is amended by striking the last sentence. (b) Effective date The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4454ih/xml/BILLS-113hr4454ih.xml
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113-hr-4455
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I 113th CONGRESS 2d Session H. R. 4455 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Foster (for himself, Mr. Rangel , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require Federal agencies to collaborate in the development of freely available open source educational materials in college-level physics, chemistry, and math, and for other purposes.
1. Short title This Act may be cited as the Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2014 . 2. Findings Congress finds the following: (1) According to the College Board, that the average student at a 4-year university spent an estimated $1,222 per year on college books and supplies. (2) According to the National Association of College Stores, the gross margin on new college textbooks was 25.6 percent in 2012. (3) The Government Accountability Office has found that college textbook prices have risen at twice the rate of annual inflation over the last two decades and that new textbook prices increased 82 percent over the last decade. (4) An open source material project that would make high quality educational materials freely available to the general public would reduce college textbook costs and increase accessibility to such education materials. (5) College-level open source course work materials in math, physics, and chemistry represent a high-priority first step in this area. (6) The scientific and technical workforce at Federal agencies, national laboratories, and federally funded research and development centers could make a valuable contribution to this effort. (7) A Federal oversight role in the creation and maintenance of standard, publicly vetted textbooks is desirable to ensure that intellectual property is respected and that public standards for quality, educational effectiveness, and scientific accuracy are maintained. 3. Open source material pilot program (a) In general Not later than 1 year after the date of enactment of this Act, the Director shall begin development of college freshman-level, high quality, open source materials that— (1) contain, at minimum, a comprehensive set of textbooks or other educational materials covering topics in physics, chemistry, and calculus; (2) are posted on the Federal Open Source Material Website; and (3) are free of copyright violations. (b) Posting deadline Not later than 4 years after the date of enactment of this Act, the Director shall have posted the materials described in subsection (a) on the Federal Open Source Material Website. (c) Screening procedures Before publishing materials on the Federal Open Source Material Website, the Director shall, in collaboration with the agencies described in section 5(b), develop, implement, and establish procedures for checking the veracity, accuracy, and educational effectiveness of open source materials. 4. Federal Open Source Material Website (a) Establishment The Director shall establish and maintain a Federal Open Source Material Website. (b) Availability of materials Materials in the Federal Open Source Material Website shall be made available free of charge to, and may be downloaded, redistributed, changed, revised, or otherwise altered by, any member of the general public. 5. Open source material requirement for Federal agencies (a) Requirement The head of each agency described in subsection (b) shall, under the guidance of the Director, collaborate with the heads of any other such agency or any federally funded research and development center to develop, implement, and establish procedures for checking the veracity, accuracy, and educational effectiveness of open source materials that are posted on the Federal Open Source Material Website. (b) Agency funding The head of each agency that expends more than $10,000,000 in a fiscal year on scientific education or scientific outreach shall use at least 2 percent of such funds for collaboration described in subsection (a). 6. Regulations The Director shall prescribe regulations necessary to implement this Act, including redistribution and attribution standards for open source materials produced under this Act. 7. Definitions In this Act: (1) Director The term Director means the Director of the National Science Foundation. (2) Federal open source material website The term Federal Open Source Material Website means the website established under section 4(a). (3) High quality The term high quality means— (A) tested for optimal student engagement; (B) tested for optimal content consumption; (C) subjected to an editorial peer review process; and (D) free of copyright violations. (4) Open source materials The term open source materials means materials that are posted on a website that are available free of charge to, and may be downloaded, redistributed changed, revised, or otherwise altered by, any member of the general public. 8. GAO report to Congress Not later than July 1, 2018, the Comptroller General shall prepare and submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives detailing— (1) the open source materials created or adapted under this Act; (2) the adoption of such open source materials; and (3) the savings generated for students, States, and the Federal Government through the use of open source materials.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4455ih/xml/BILLS-113hr4455ih.xml
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113-hr-4456
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I 113th CONGRESS 2d Session H. R. 4456 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. George Miller of California (for himself, Mr. Costa , Mr. McNerney , Ms. Matsui , Mr. Garamendi , Mr. Thompson of California , Ms. Eshoo , Mr. Huffman , Mrs. Napolitano , and Mr. Waxman ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To determine the feasibility of additional agreements for long-term use of existing or expanded non-Federal storage and conveyance facilities to augment Federal water supply, ecosystem, and operational flexibility benefits in certain areas, and for other purposes.
1. Pilot program In order to determine the feasibility of agreements for long-term use of existing or expanded non-Federal storage and conveyance facilities to augment Federal water supply, ecosystem, and operational flexibility benefits, not later than 6 months after the date of the enactment of this Act, the Secretary of the Interior shall enter into cooperative agreements with non-Federal entities to provide replacement water supplies for drought relief for Central Valley Project contractors, units of the National Wildlife Refuge System, State wildlife areas and private wetland area. Agreements under this section shall— (1) include the purchase of storage capacity in non-Federal facilities from willing sellers; and (2) provide reimbursement for the temporary use of available capacity in existing above-ground, off-stream storage, and associated conveyance facilities owned by local water agencies. 2. Report Not later than 2 years after the date of the enactment of this Act, the Secretary of the Interior shall complete a report on the feasibility of the agreements described in section 1 for long-term use of existing or expanded non-Federal storage and conveyance facilities to augment Federal water supply, ecosystem, and operational flexibility benefits. The report shall be made available to the Chief of the National Wildlife Refuge System and Central Valley Project contractors.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4456ih/xml/BILLS-113hr4456ih.xml
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