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113-hr-4457
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I 113th CONGRESS 2d Session H. R. 4457 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Tiberi (for himself, Mr. Kind , Mr. Young of Indiana , Mr. Neal , Mr. Gerlach , Mr. Danny K. Davis of Illinois , 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 permanently extend increased expensing limitations, and for other purposes.
1. Short title This Act may be cited as the America’s Small Business Tax Relief Act of 2014 . 2. Expensing certain depreciable business assets for small business (a) In general (1) Dollar limitation Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 is amended by striking shall not exceed— and all that follows and inserting shall not exceed $500,000. . (2) Reduction in limitation Paragraph (2) of section 179(b) of such Code is amended by striking exceeds— and all that follows and inserting exceeds $2,000,000. . (b) Computer software Clause (ii) of section 179(d)(1)(A) of such Code is amended by striking , to which section 167 applies, and which is placed in service in a taxable year beginning after 2002 and before 2014 and inserting and to which section 167 applies . (c) Election Paragraph (2) of section 179(c) of such Code is amended— (1) by striking may not be revoked and all that follows through and before 2014 , and (2) by striking irrevocable in the heading thereof. (d) Air conditioning and heating units Paragraph (1) of section 179(d) of such Code is amended by striking and shall not include air conditioning or heating units . (e) Qualified real property Section 179(f) of such Code is amended— (1) by striking beginning in 2010, 2011, 2012, or 2013 in paragraph (1), and (2) by striking paragraphs (3) and (4). (f) Inflation adjustment Subsection (b) of section 179 of such Code is amended by adding at the end the following new paragraph: (6) Inflation adjustment (A) In general In the case of any taxable year beginning after 2014, the dollar amounts in paragraphs (1) and (2) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(c)(2)(A) for such calendar year, determined by substituting calendar year 2013 for calendar year 2012 in clause (ii) thereof. (B) Rounding The amount of any increase under subparagraph (A) shall be rounded to the nearest multiple of $10,000. . (g) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-4458
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I 113th CONGRESS 2d Session H. R. 4458 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. McCarthy of California introduced the following bill; which was referred to the Committee on Natural Resources A BILL To make permanent the withdrawal and reservation of public land previously withdrawn and reserved to support the operations of Naval Air Weapons Station China Lake, California, and to provide for the withdrawal and reservation of additional public land.
1. Short title This Act may be cited as the Naval Air Weapons Station China Lake Security Enhancement Act . 2. Withdrawal and reservation of public land for Naval Air Weapons Station China Lake, California (a) Permanent withdrawal and reservation Section 2979 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66 ; 127 Stat. __) is amended to read as follows: 2979. Permanent withdrawal and reservation The withdrawal and reservation of public land made by section 2971 shall not terminate, except pursuant to— (1) an election and determination by the Secretary of the Navy to relinquish the land under section 2922; or (2) a transfer by the Secretary of the Interior of permanent administrative jurisdiction over the land to the Secretary of the Navy. . (b) Withdrawal and reservation of additional public land Section 2971(b) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66 ; 127 Stat. __) is amended— (1) by striking The public land and inserting the following: (1) Initial withdrawal The public land ; and (2) by adding at the end the following new paragraph: (2) Additional withdrawal The public land (including interests in land) referred to in subsection (a) also includes the approximately 7,546 acres of public land (including interests in land) known as the Cuddeback Lake Air Force Range, as described in section 2 of Public Law 88–46 (77 Stat. 70), and an additional approximately 18,933 acres of public land in San Bernardino County, California, as generally depicted on the map entitled Cuddeback Land Area and dated April 1, 2014, and filed in accordance with section 2912, except that the withdrawal area specifically excludes any public land included within the Grass Valley Wilderness and all private lands otherwise located within the boundaries of the withdrawal area. The Secretary of the Navy shall ensure that the owners of the excluded private land continue to have reasonable access to their private land. .
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113-hr-4459
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I 113th CONGRESS 2d Session H. R. 4459 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Conyers (for himself, Ms. Brown of Florida , Mr. Clay , Mr. Cohen , Mr. Grayson , Mr. Grijalva , Mr. Gutiérrez , Mr. Honda , Ms. Jackson Lee , Mr. Jeffries , Ms. Lee of California , Mr. McGovern , Ms. Moore , Mr. Moran , Mr. Nadler , Ms. Norton , Mr. Payne , Mr. Richmond , Ms. Schakowsky , and Mr. Serrano ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To secure the Federal voting rights of persons who have been released from incarceration.
1. Short title This Act may be cited as the Democracy Restoration Act of 2014 . 2. Findings The Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4 of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness: (A) The lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives. (B) Laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently. (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) Two States do not disenfranchise individuals with criminal convictions at all (Maine and Vermont), but 48 States and the District of Columbia have laws that deny convicted individuals the right to vote while they are in prison. (6) In some States disenfranchisement results from varying State laws that restrict voting while individuals are under the supervision of the criminal justice system or after they have completed a criminal sentence. In 35 States, convicted individuals may not vote while they are on parole and 31 of those States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement. (7) Several States deny the right to vote to individuals convicted of certain misdemeanors. (8) An estimated 5,850,000 citizens of the United States, or about 1 in 40 adults in the United States, currently cannot vote as a result of a felony conviction. Of the estimated 5,850,000 citizens barred from voting, only 25 percent are in prison. By contrast, 75 percent of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences. Approximately 2,600,000 citizens who have completed their sentences remain disenfranchised due to restrictive state laws. In 6 States (Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia) more than 7 percent of the total population is disenfranchised. (9) In those States that disenfranchise individuals who have completed their sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (10) State disenfranchisement laws disproportionately impact racial and ethnic minorities. Approximately 8 percent of the African-American population, or more than 2,000,000 African-Americans, are disenfranchised. Given current rates of incarceration, approximately 1 in 3 of the next generation of African-American men will be disenfranchised at some point during their lifetimes. Currently, 1 of every 13 African-Americans are rendered unable to vote because of felony disenfranchisement, a rate 4 times greater than non African-Americans (7.7 percent of African-Americans versus 1.8 percent of non African-Americans). In 3 States (Florida, 23 percent; Kentucky, 22 percent; and Virginia, 20 percent) more than 1 in 5 African-Americans are unable to vote because of prior convictions. (11) Latino citizens are disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. If current incarceration trends hold, 17 percent of Latino men will be incarcerated during their lifetimes, in contrast to less than 6 percent of non-Latino White men. When analyzing the data across 10 States, Latinos generally have disproportionately higher rates of disenfranchisement compared to their presence in the voting age population. In 6 out of 10 States studied in 2003, Latinos constitute more than 10 percent of the total number of persons disenfranchised by State felony laws. In 4 States (California, 37 percent; New York, 34 percent; Texas, 30 percent; and Arizona, 27 percent) Latinos were disenfranchised by a rate of more than 25 percent. (12) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (13) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. (14) The United States is the only Western democracy that permits the permanent denial of voting rights for individuals with felony convictions. 3. Rights of citizens (a) Protection of Rights To Vote The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. (b) Conditioning Use of Federal Prison Funds on Notification of Rights (1) In general No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal grant amounts unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under this section. (2) Effective date Paragraph (1) shall apply with respect to fiscal year 2015 and each succeeding fiscal year. 4. Enforcement (a) Attorney general The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private right of action (1) In general A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Relief Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. 5. Notification of restoration of voting rights (a) State notification (1) Notification On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to this Act and may register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal notification (1) Notification On the date determined under paragraph (2), the applicable official shall notify in writing any individual who has been convicted of a criminal offense under Federal law that such individual has the right to vote in an election for Federal office pursuant to this Act and may register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of an individual who is convicted of a felony, the notification required under paragraph (1) shall be given— (i) in the case of an individual who is sentenced to serve only a term of probation by the Federal court, on the date on which the individual is sentenced; or (ii) in the case of any other such individual, at any time during the 6-month period which ends on the date on which the individual is released from the custody of the Bureau of Prisons (unless the individual is released to the custody of a State to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of an individual who has been convicted of a misdemeanor under Federal law, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by the Federal court. (3) Applicable official For purposes of this subsection, the applicable official is, with respect to an individual who has been convicted of a criminal offense under Federal law— (A) in the case of an individual who has been convicted of a misdemeanor, the Director of the Bureau of Prisons; (B) in the case of an individual who has been convicted of a felony but sentenced to serve only a term of probation, the head of the office responsible for probation and pretrial services with respect to the Federal court involved; or (C) in the case of any other individual who has been convicted of a felony, the Director of the Bureau of Prisons. 6. Definitions For purposes of this Act: (1) Correctional institution or facility The term correctional institution or facility means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election The term election means— (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office The term Federal office means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (4) Probation The term probation means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning— (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. 7. Relation to other laws (a) State Laws Relating to Voting Rights Nothing in this Act shall be construed to prohibit any State from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Certain Federal Acts The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ) or the National Voter Registration Act of 1993 (42 U.S.C. 1973–gg et seq.). 8. Effective date This Act shall apply with respect to elections for Federal office held after the date of the enactment of this Act.
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113-hr-4460
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I 113th CONGRESS 2d Session H. R. 4460 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Honda (for himself, Mr. Ellison , Mr. Peters of California , Mr. Loebsack , Mr. Lowenthal , Ms. Lofgren , Ms. Meng , and Mr. Moran ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to repeal the sunset of the special immigrant nonminister religious worker program.
1. Special immigrant nonminister religious worker program Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(C)(ii) ) is amended in subclauses (II) and (III) by striking before September 30, 2015, both places such term appears.
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113-hr-4461
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I 113th CONGRESS 2d Session H. R. 4461 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Honda introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the National Oceanic and Atmospheric Administration to establish a Climate Change Education Program.
1. Short title This Act may be cited as the Climate Change Education Act . 2. Findings Congress finds that— (1) the evidence for human-induced climate change is overwhelming and undeniable; (2) the United States is the second highest emitter of carbon dioxide and other greenhouse gases in the world; (3) atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation; (4) providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action; (5) implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment; and (6) informing people of new technologies and programs as they become available will ensure maximum understanding and maximum impact of those measures. 3. Definition In this Act, the term climate change education means informal and formal interdisciplinary learning at all age levels about climate change and its effects on environmental, energy, social, and economic systems. 4. Climate Change Education Program The National Oceanic and Atmospheric Administration shall establish a Climate Change Education Program to— (1) broaden the understanding of human induced climate change, possible long-term and short-term consequences, and potential solutions; (2) apply the latest scientific and technological discoveries to provide formal and informal learning opportunities to people of all ages, including those of diverse cultural and linguistic backgrounds; (3) emphasize actionable information to help people understand and to promote implementation of new technologies, programs, and incentives related to energy conservation, renewable energy, and greenhouse gas reduction; and (4) inform the public of impacts to human health and safety as a result of climate change. 5. Program elements The Climate Change Education Program shall include— (1) a national information campaign to disseminate information on and promote implementation of the new technologies, programs, and incentives described in section 4(3); and (2) the grant program described in section 6. 6. Grant program The National Oceanic and Atmospheric Administration shall establish a program to make grants— (1) to support national public education, outreach, and communication programs to engage substantial numbers of the public in understanding climate change while developing educated and empowered consumers, investors, and citizens; (2) to encourage and support statewide plans and programs for climate change education, including relevant teacher training and professional development, STEM (science, technology, engineering, and mathematics) education, and multidisciplinary studies to ensure that students graduate from high school climate literate, with a particular focus on programs that advance widespread State and local educational agency adoption of climate change education, including funding for State education agencies to— (A) integrate key principles of climate change education into existing K–12 State academic content standards, student academic achievement standards, or State curriculum frameworks; (B) create model State climate change curricula; or (C) create State green school building standards or policies; (3) to improve the quality of and access to higher education in green collar industries and green economy-related fields such as green business, technology, engineering, policy studies, and sustainability science, with a particular focus on programs that address restructuring institutional incentives and reducing institutional barriers to widespread faculty adoption of interdisciplinary teaching of climate change education; (4) for institutions of higher education to engage teams of faculty and students to develop applied climate research and deliver to local communities direct services on climate mitigation and adaptation issues impacting such communities, with a priority on distressed communities; and (5) for projects that build capacity for climate adaptation at the State and national level including— (A) career education; (B) expanding green collar workforce training; (C) secondary school preparation or work-based experiences in green collar fields; and (D) continuing education needed for practicing professionals for green economy-related fields. 7. Report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter, the National Oceanic and Atmospheric Administration shall transmit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader impacts of activities under this Act. 8. Authorization of appropriations There are authorized to be appropriated to the National Oceanic and Atmospheric Administration $20,000,000 for each of fiscal years 2015 through 2019 for carrying out this Act.
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113-hr-4462
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I 113th CONGRESS 2d Session H. R. 4462 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mrs. Beatty (for herself, Mr. Stivers , Mr. Hinojosa , Ms. Waters , Mrs. Carolyn B. Maloney of New York , Mr. Clay , Mr. Meeks , Mr. Rangel , Ms. Fudge , Mr. Gutiérrez , Ms. Linda T. Sánchez of California , Mr. Cárdenas , Ms. Sewell of Alabama , Mr. Connolly , Mr. Heck of Washington , Mr. Swalwell of California , Ms. Lee of California , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Ms. Edwards , Mr. Ryan of Ohio , and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Secretary of Housing and Urban Development to discount FHA single-family mortgage insurance premium payments for first-time homebuyers who complete a financial literacy housing counseling program.
1. Short title This Act may be cited as the Housing Financial Literacy Act of 2014 . 2. Discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs The second sentence of subparagraph (A) of section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended by striking not exceed 2.75 percent of the amount of the original insured principal obligation of the mortgage and inserting be 25 basis points lower than the premium payment amount established by the Secretary under the first sentence of this subparagraph .
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113-hr-4463
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I 113th CONGRESS 2d Session H. R. 4463 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Ms. Bonamici introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Consumer Financial Protection Act of 2010 to regulate tax return preparers and refund anticipation payment arrangements, and for other purposes.
1. Short title This Act may be cited as the Tax Refund Protection Act of 2014 . 2. Regulation of refund anticipation payment instruments and tax return preparers (a) In general Subtitle B of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. ) is amended by adding at the end the following new section: 1029B. Regulation of refund anticipation payment arrangements and tax return preparers (a) In general The Bureau shall— (1) regulate refund anticipation payment arrangements; (2) establish a program to license or certify tax return preparers subject to this section; (3) regulate such tax return preparers; and (4) before licensing or certifying a person as a tax return preparer subject to this section, require that the person demonstrate— (A) good character; (B) good reputation; (C) necessary qualifications to enable the person to provide to persons valuable service as a tax return preparer; and (D) competency to perform the functions of a tax return preparer. (b) Authority To impose a fee The Bureau shall require tax return preparers subject to this section to pay a reasonable fee for licensing or certification under this section. (c) Disclosure requirements The Bureau shall, by rule, require tax return preparers subject to this section to provide a disclosure statement to a consumer that shall contain statements— (1) identifying the amount of fees such tax return preparer charges for preparing a Federal income tax return, filing a Federal income tax return, or executing a refund anticipation payment arrangement; (2) identifying the average amount of time in which an individual who files a Federal income tax return electronically can expect to receive a refund by mail, according to information provided by the Internal Revenue Service; (3) describing, in the case of a refund anticipation payment arrangement involving a depository account not controlled by the consumer, the difference in days between the average amount of time by which a consumer receives the tax refund (in whole or in part) from a refund anticipation payment arrangement and the average amount of time by which a consumer who files a Federal income tax return electronically receives the tax refund deposited directly to that consumer’s deposit account by the taxing authority; (4) that a refund anticipation payment arrangement is not necessary to receive a tax refund; and (5) that, if a consumer does not receive a tax refund or the amount of the tax refund is less than the amount anticipated under the refund anticipation payment arrangement, the consumer may be responsible for paying any fees and interest associated with a refund anticipation payment arrangement. (d) Requirements under TILA The Bureau shall issue regulations that, to the extent practicable, require tax return preparers that enter into a refund anticipation payment arrangement to comply with section 128 of the Truth in Lending Act ( 15 U.S.C. 1638 ) to the same extent as a creditor making a consumer credit transaction other than under an open end credit plan. (e) Disciplinary procedures After notice and opportunity for a hearing, the Bureau may take any enforcement action against a tax return preparer subject to this section who— (1) is incompetent; (2) is disreputable; (3) violates regulations prescribed under this section; or (4) with intent to defraud, willfully and knowingly misleads or threatens a consumer. (f) Definitions For purposes of this section, the following definitions shall apply: (1) Tax return preparer The term tax return preparer subject to this section means a tax return preparer (as defined in section 7701(a)(36) of the Internal Revenue Code of 1986) who is not subject to regulation under section 330 of title 31, United States Code. (2) Refund anticipation payment arrangement The term refund anticipation payment arrangement means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer’s tax refund to a tax return preparer, lender, or other affiliated lender by— (A) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender; or (B) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender. . (b) Clerical 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 1029A the following new item: Sec. 1029B. Regulation of refund anticipation payment arrangements and tax return preparers. . (c) Exclusion for certain tax preparers (1) In general Section 1027(d)(1) of such Act is amended by striking subparagraph (B). (2) Conforming amendments Section 1027(d) of such Act is further amended— (A) in paragraph (1)— (i) in the heading, by striking and tax preparers ; (ii) by striking subparagraph (B); (iii) by striking authority over and all that follows through any person and inserting authority over any person ; (iv) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the left; (v) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the left; (vi) in subparagraph (A) (as redesignated), by inserting (except as related to tax return preparers pursuant to section 1029B) after tax ; and (vii) in clause (ii) (as redesignated), by striking ; or and inserting a period; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking paragraph (1)(A) or (1)(B) and inserting such paragraph ; and (II) by striking paragraph (1)(A) each place it appears and inserting paragraph (1) ; (ii) in subparagraph (C)— (I) by striking For purposes of subparagraphs (A) and (B), a person described in paragraph (1)(A) and inserting A person described in paragraph (1) ; and (II) by striking clause (i) or (ii) of paragraph (1)(A) and inserting subparagraph (A) or (B) of paragraph (1) ; and (iii) in subparagraph (D), by striking described in paragraph (1)(A) or (1)(B) . 3. Split refunds may include tax return preparer (a) In general Section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (m) Split refunds An income tax refund requested on a return of Federal income tax prepared by an income tax preparer may be split between the preparer and the taxpayer in accordance with the split requested by the taxpayer on the return. A split of an individual income tax return under this subsection shall not be treated as disreputable conduct merely because the taxpayer requested such split. . (b) Effective date The amendment made by subsection (a) shall apply with respect to returns for taxable years ending after the date of the enactment of this Act.
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113-hr-4464
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I 113th CONGRESS 2d Session H. R. 4464 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Boustany (for himself, Mr. Kind , Mr. Reed , Mr. Schock , Ms. Jenkins , Mr. Tiberi , Mr. Pascrell , Mr. Larson of Connecticut , Mr. Young of Indiana , Mr. Matheson , and Mr. Crowley ) 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 look-through treatment of payments between related controlled foreign corporations.
1. Look-through treatment of payments between related controlled foreign corporations made permanent (a) In general Paragraph (6) of section 954(c) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C). (b) Effective date The amendment made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2013, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end.
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113-hr-4465
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I 113th CONGRESS 2d Session H. R. 4465 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Byrne introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to repeal the requirement to establish catch limits for the Gulf of Mexico red snapper fishery.
1. Short title This Act may be cited as the Supporting New Avenues to Protect Our Fishermen’s Resources Act or the SNAPR Act . 2. Repeal of catch limits requirement for Gulf of Mexico red snapper fishery Subsection (d) of section 407 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1884) is repealed.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4465ih/xml/BILLS-113hr4465ih.xml
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113-hr-4466
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I 113th CONGRESS 2d Session H. R. 4466 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mrs. Capito (for herself and Mr. Meeks ) introduced the following bill; which was referred to the Committee on Financial Services , 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 require certain financial regulators to determine whether new regulations or orders are duplicative or inconsistent with existing Federal regulations, and for other purposes.
1. Short title This Act may be cited as the Financial Regulatory Clarity Act of 2014 . 2. Federal Deposit Insurance Corporation Section 9 of the Federal Deposit Insurance Act ( 12 U.S.C. 1819 ) is amended by adding at the end the following: (c) Review of regulations (1) In general Before issuing a regulation or order the Corporation shall assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (2) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Corporation shall evaluate the following: (A) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (B) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (C) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (D) Whether other Federal regulations or orders are outdated. (3) Resolving duplicative or inconsistent regulations or orders The Corporation shall take all available measures under current law to resolve any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (4) Report to Congress Not later than the end of the 60-day period beginning on the date the Corporation makes a determination under paragraph (2), the Corporation shall issue a report to the Congress containing recommendations made by the Corporation, including any recommendations of Federal laws or regulations that should be repealed or amended, so that the Congress may repeal or amend any conflicting, inconsistent, duplicative, or outdated laws or regulations. (5) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this subsection. (6) Regulation and order defined For purposes of this subsection: (A) In general The terms regulation and order shall have the meaning given those terms, respectively, by the Corporation, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators, other than the Corporation. (B) Federal financial regulators The term Federal financial regulators means the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Commodity Futures Trading Commission, the Comptroller of the Currency, the Corporation, the National Credit Union Administration, and the Securities and Exchange Commission. . 3. Office of Comptroller of the Currency Section 324 of the Revised Statutes of the United States ( 12 U.S.C. 1 ) is amended by adding at the end the following: (c) Review of regulations (1) In general Before issuing a regulation or order the Comptroller of the Currency shall assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (2) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Comptroller shall evaluate the following: (A) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (B) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (C) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (D) Whether other Federal regulations or orders are outdated. (3) Resolving duplicative or inconsistent regulations or orders The Comptroller shall take all available measures under current law to resolve any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (4) Report to Congress Not later than the end of the 60-day period beginning on the date the Comptroller makes a determination under paragraph (2), the Comptroller shall issue a report to the Congress containing recommendations made by the Comptroller, including any recommendations of Federal laws or regulations that should be repealed or amended, so that the Congress may repeal or amend any conflicting, inconsistent, duplicative, or outdated laws or regulations. (5) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this subsection. (6) Regulation and order defined For purposes of this subsection, the terms regulation and order shall have the meaning given those terms, respectively, by the Comptroller, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the Comptroller. . 4. Board of Governors of the Federal Reserve System Section 10 of the Federal Reserve Act is amended by inserting before paragraph (12) the following: (11) Review of regulations (A) In general Before issuing a regulation or order the Board of Governors of the Federal Reserve System shall assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (B) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Board of Governors shall evaluate the following: (i) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (ii) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (iii) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (iv) Whether other Federal regulations or orders are outdated. (C) Resolving duplicative or inconsistent regulations or orders The Board of Governors shall take all available measures under current law to resolve any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (D) Report to Congress Not later than the end of the 60-day period beginning on the date the Board of Governors makes a determination under subparagraph (B), the Board of Governors shall issue a report to the Congress containing recommendations made by the Board of Governors, including any recommendations of Federal laws or regulations that should be repealed or amended, so that the Congress may repeal or amend any conflicting, inconsistent, duplicative, or outdated laws or regulations. (E) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this paragraph. (F) Regulation and order defined For purposes of this paragraph, the terms regulation and order shall have the meaning given those terms, respectively, by the Board of Governors, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the Board of Governors. . 5. Bureau of Consumer Financial Protection Section 1022 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512 ) is amended by adding at the end the following: (e) Review of regulations (1) In general Before issuing a regulation or order the Bureau shall assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (2) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Bureau shall evaluate the following: (A) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (B) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (C) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (D) Whether other Federal regulations or orders are outdated. (3) Resolving duplicative or inconsistent regulations or orders The Bureau shall take all available measures under current law to resolve any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (4) Report to Congress Not later than the end of the 60-day period beginning on the date the Bureau makes a determination under paragraph (2), the Bureau shall issue a report to the Congress containing recommendations made by the Bureau, including any recommendations of Federal laws or regulations that should be repealed or amended, so that the Congress may repeal or amend any conflicting, inconsistent, duplicative, or outdated laws or regulations. (5) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this subsection. (6) Regulation and order defined For purposes of this subsection, the terms regulation and order shall have the meaning given those terms, respectively, by the Bureau, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the Bureau. . 6. National Credit Union Administration Section 102 of the Federal Credit Union Act ( 12 U.S.C. 1752a ) is amended by adding at the end the following: (g) Review of regulations (1) In general Before issuing a regulation or order the Administration shall assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (2) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Administration shall evaluate the following: (A) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (B) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (C) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (D) Whether other Federal regulations or orders are outdated. (3) Resolving duplicative or inconsistent regulations or orders The Administration shall take all available measures under current law to resolve any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (4) Report to Congress Not later than the end of the 60-day period beginning on the date the Administration makes a determination under paragraph (2), the Administration shall issue a report to the Congress containing recommendations made by the Administration, including any recommendations of Federal laws or regulations that should be repealed or amended, so that the Congress may repeal or amend any conflicting, inconsistent, duplicative, or outdated laws or regulations. (5) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this subsection. (6) Regulation and order defined For purposes of this subsection, the terms regulation and order shall have the meaning given those terms, respectively, by the Administration, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the Administration. . 7. Securities and Exchange Commission Section 4 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78d ) is amended by adding at the end the following: (j) Review of regulations (1) In general Before issuing a regulation or order the Commission shall assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (2) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Commission shall evaluate the following: (A) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (B) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (C) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (D) Whether other Federal regulations or orders are outdated. (3) Resolving duplicative or inconsistent regulations or orders The Commission shall take all available measures under current law to resolve any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (4) Report to Congress Not later than the end of the 60-day period beginning on the date the Commission makes a determination under paragraph (2), the Commission shall issue a report to the Congress containing recommendations made by the Commission, including any recommendations of Federal laws or regulations that should be repealed or amended, so that the Congress may repeal or amend any conflicting, inconsistent, duplicative, or outdated laws or regulations. (5) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this subsection. (6) Regulation and order defined For purposes of this subsection, the terms regulation and order shall have the meaning given those terms, respectively, by the Commission, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the Commission. . 8. Commodity Futures Trading Commission Section 2(a) of the Commodity Exchange Act ( 7 U.S.C. 2(a) ) is amended by adding at the end the following: (16) Review of regulations (A) In general Before issuing a regulation or order the Commission shall assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (B) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Commission shall evaluate the following: (i) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (ii) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (iii) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (iv) Whether other Federal regulations or orders are outdated. (C) Resolving duplicative or inconsistent regulations or orders The Commission shall take all available measures under current law to resolve any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (D) Report to Congress Not later than the end of the 60-day period beginning on the date the Commission makes a determination under subparagraph (B), the Commission shall issue a report to the Congress containing recommendations made by the Commission, including any recommendations of Federal laws or regulations that should be repealed or amended, so that the Congress may repeal or amend any conflicting, inconsistent, duplicative, or outdated laws or regulations. (E) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this paragraph. (F) Regulation and order defined For purposes of this paragraph, the terms regulation and order shall have the meaning given those terms, respectively, by the Commission, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the Commission. . 9. Treatment of joint rulemakings In the case of a joint rulemaking with respect to which an assessment and determination is required pursuant to an amendment made under sections 2 through 8 of this Act, the agencies shall jointly make such assessment and determination and shall submit a single report with respect to such determination.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4466ih/xml/BILLS-113hr4466ih.xml
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113-hr-4467
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I 113th CONGRESS 2d Session H. R. 4467 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Capuano introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for visas for certain advanced STEM graduates, and for other purposes.
1. Short title This Act may be cited as— (1) the Best Return on America’s Investment Now Act ; or (2) the BRAIN Act . 2. Immigrant visas for certain advanced STEM graduates (a) Preference allocation for employment-Based immigrants Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) is amended— (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: (6) Aliens holding doctorate degrees from U.S. doctoral institutions of higher education in science, technology, engineering, or mathematics (A) In general Visas shall be made available, in a number not to exceed 10 percent of such worldwide level, to qualified immigrants who— (i) hold a doctorate degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education; and (ii) have taken all doctoral courses in a field of science, technology, engineering, or mathematics, including all courses taken by correspondence (including courses offered by telecommunications) or by distance education, while physically present in the United States. (B) Definitions For purposes of this paragraph: (i) The term distance education has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (ii) The term field of science, technology, engineering, or mathematics means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, and physical sciences. (iii) The term United States doctoral institution of higher education means an institution that— (I) is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) or is a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )); and (II) was classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2012, as a doctorate-granting university with a very high or high level of research activity or classified by the National Science Foundation after the date of enactment of this paragraph, pursuant to an application by the institution, as having equivalent research activity to those institutions that had been classified by the Carnegie Foundation as being doctorate-granting universities with a very high or high level of research activity. . (b) Procedure for granting immigrant status Section 204(a)(1)(E) of such Act ( 8 U.S.C. 1154(a)(1)(E) ) is amended— (1) by striking (E) and inserting (E)(i) ; (2) by striking 203(b)(1)(A), and inserting 203(b)(1)(A) or 203(b)(6), ; (3) by striking Attorney General and inserting Secretary of Homeland Security ; and (4) by adding at the end the following: (ii) The following processing standards shall apply with respect to petitions under clause (i) relating to alien beneficiaries qualifying under section 203(b)(6): (I) The Secretary of Homeland Security shall adjudicate such petitions not later than 60 days after the date on which the petition is filed. In the event that additional information or documentation is requested by the Secretary during such 60-day period, the Secretary shall adjudicate the petition not later than 30 days after the date on which such information or documentation is received. (II) The petitioner shall be notified in writing within 30 days of the date of filing if the petition does not meet the standards for approval. If the petition does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified petition. . (c) Skilled workers, professionals, and other workers Section 203(b)(3)(A) of such Act ( 8 U.S.C. 1153(b)(3)(A) ) is amended by striking 28.6 and inserting 25.74 . (d) GAO study Not later than June 30, 2018, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(iii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)(B)(iii)(II)), as added by this section. (e) Effective date The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after such date. Nothing in the preceding sentence shall be construed to prohibit the Secretary of Homeland Security from accepting before such date petitions under section 204(a)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(E)) relating to alien beneficiaries qualifying under section 203(b)(6) of such Act ( 8 U.S.C. 1153(b)(6) ) (as added by this section). 3. Numerical limitation to any single foreign state (a) In general Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) is amended— (1) by striking subsections (a) and (b) and inserting subsection (a), and paragraphs (3), (4), and (5) of subsection (b), ; (2) by striking such subsections and inserting such provisions . (b) Rules for employment-Based immigrants Section 202(a)(5) of such Act ( 8 U.S.C. 1152(a)(5) ) is amended— (1) in subparagraph (A), by striking (1), (2), (3), (4), or (5) and inserting (3), (4), or (5) ; and (2) in subparagraph (B)— (A) by inserting paragraphs (3), (4), and (5) of before section 203(b) exceeds ; and (B) by striking section 203(b) consistent and inserting such paragraphs consistent . (c) Special rules for countries at ceiling Section 202(e) of such Act ( 8 U.S.C. 1152(e) ) is amended— (1) by striking subsections (a) and (b) each place such term appears and inserting subsection (a), and paragraphs (3), (4), and (5) of subsection (b), ; and (2) by striking (1) through (5) and inserting (3), (4), and (5) . (d) Effective date The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after such date. 4. Permanent priority dates (a) In general Section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ) is amended by adding at the end the following: (i) Permanent priority dates (1) In general Subject to subsection (h)(3) and paragraph (2), the priority date for any employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. (2) Subsequent employment-based petitions Subject to subsection (h)(3), an alien who is the beneficiary of any employment-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed employment-based petition (including self-petitions). . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2014, and shall apply to aliens who are a beneficiary of a classification petition pending on or after such date.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4467ih/xml/BILLS-113hr4467ih.xml
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113-hr-4468
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I 113th CONGRESS 2d Session H. R. 4468 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Ms. Castor of Florida (for herself and Mr. Hunter ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require career and technical education for maritime careers.
1. Short title This Act may be cited as the Seafarers Educational Advancement Act . 2. Career and technical education leading to maritime careers Section 135(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355(b)) is amended— (1) in paragraph (8), by striking and at the end; (2) in paragraph (9), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (10) provide career and technical education at the secondary level that leads to maritime careers, including a career in marine construction, commercial diving and marine salvaging, container sales, dredging, environmental, marine, or ship engineering, marine and science research, maritime technology, stevedoring, ship repair, trucking and towing and tug services, admiralty or maritime legal services, the cruise industry, as a member of a ship crew (such as a captain, mate, seaman, or engineer), or as a member of the Navy or Coast Guard. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4468ih/xml/BILLS-113hr4468ih.xml
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113-hr-4469
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I 113th CONGRESS 2d Session H. R. 4469 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Castro of Texas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend certain expiring provisions for 1 year.
1. Short title; table of contents (a) Short title This Act may be cited as the Cut Taxes for the Middle Class Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—State and local sales tax deduction Sec. 101. Extension of deduction of State and local general sales taxes. Title II—Provisions relating to education tax benefits Sec. 201. Extension of above-the-line deduction for qualified tuition and related expenses. Sec. 202. Extension of deduction for certain expenses of elementary and secondary school teachers. Title III—Provisions relating to members of the Armed Forces Sec. 301. Extension of housing allowance exclusion for determining area median gross income for low-income housing credit and qualified residential rental project exempt facility bonds. Sec. 302. Extension of employer wage credit for employees who are active duty members of the uniformed services. Title IV—Provisions relating to businesses Sec. 401. Extension of work opportunity tax credit. Sec. 402. Extension of new markets tax credit. Sec. 403. Extension and modification of research credit. I State and local sales tax deduction 101. Extension of deduction of State and local general sales taxes (a) In general Subparagraph (I) of section 164(b)(5) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. II Provisions relating to education tax benefits 201. Extension of above-the-line deduction for qualified tuition and related expenses (a) In general Subsection (e) of section 222 of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 202. Extension of deduction for certain expenses of elementary and secondary school teachers (a) In general Subparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 is amended by striking or 2013 and inserting 2013, or 2014 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. III Provisions relating to members of the Armed Forces 301. Extension of housing allowance exclusion for determining area median gross income for low-income housing credit and qualified residential rental project exempt facility bonds (a) In general Subsection (b) of section 3005 of the Housing Assistance Tax Act of 2008 is amended by striking January 1, 2014 each place it appears and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall take effect as if included in the enactment of section 3005 of the Housing Assistance Tax Act of 2008. 302. Extension of employer wage credit for employees who are active duty members of the uniformed services (a) In general Subsection (f) of section 45P of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to payments made after December 31, 2013. IV Provisions relating to businesses 401. Extension of work opportunity tax credit (a) In general Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. 402. Extension of new markets tax credit (a) In general Subparagraph (G) of section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking and 2013 and inserting 2013, and 2014 . (b) Carryover of unused limitation Paragraph (3) of section 45D(f) of such Code is amended by striking 2018 and inserting 2019 . (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2013. 403. Extension and modification of research credit (a) In general Subparagraph (B) of section 41(h)(1) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Conforming amendment Subparagraph (D) of section 45C(b)(1) of such Code is amended by striking December 31, 2013 and inserting December 31, 2014 . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4469ih/xml/BILLS-113hr4469ih.xml
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113-hr-4470
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I 113th CONGRESS 2d Session H. R. 4470 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Cohen (for himself and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title 31, United States Code, to direct the Secretary of the Treasury to regulate tax return preparers.
1. Short title This Act may be cited as the Tax Return Preparer Accountability Act of 2014 . 2. Regulation of tax return preparers who are not representatives practicing before the Department of the Treasury (a) In general Subchapter II of chapter 3 of title 31, United States Code, is amended by inserting after section 330 the following new section: 330A. Tax return preparers who are not representatives practicing before the Department of the Treasury (a) The Secretary of the Treasury shall, under regulations prescribed by the Secretary, regulate any tax return preparers who are not regulated by the Secretary under section 330. (b) (1) The Secretary may impose a penalty of $1,000 for each Federal tax return, document, or other submission prepared by a tax return preparer during a period in which the tax return preparer— (A) is not in compliance with the regulations promulgated under this section, or (B) is suspended or disbarred from acting as a tax return preparer under such regulations. Any penalty imposed under the preceding sentence shall be in addition to any other penalty which may be imposed. (2) No penalty may be imposed under paragraph (1) with respect to any failure if it is shown that such failure is due to reasonable cause. (c) For purposes of this section: (1) The term tax return preparer has the meaning given by section 7701(a)(36) of the Internal Revenue Code of 1986. (2) The terms Secretary of the Treasury and Secretary mean the Secretary of the Treasury or the delegate of the Secretary. . (b) Clerical amendment The table of sections for subchapter II of chapter 3 of title 31, United States Code, is amended by inserting after the item relating to section 330 the following new item: 330A. Tax return preparers who are not representatives practicing before the Department of the Treasury. . (c) Effective date The amendments made by this section shall apply with respect to returns prepared for taxable years ending after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4470ih/xml/BILLS-113hr4470ih.xml
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113-hr-4471
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I 113th CONGRESS 2d Session H. R. 4471 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Cohen (for himself, Ms. Kelly of Illinois , Ms. Tsongas , Ms. Norton , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the tax incentives for empowerment zones and renewal communities.
1. Short title This Act may be cited as the Growth Zones Opportunity Act . 2. Extension of empowerment zone tax incentives (a) In general Clause (i) of section 1391(d)(1)(A) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2020 . (b) Increased exclusion of gain on stock of empowerment zone businesses Subparagraph (C) of section 1202(a)(2) of such Code is amended— (1) by striking December 31, 2018 and inserting December 31, 2025 ; and (2) by striking 2018 in the heading and inserting 2025 . (c) Treatment of certain termination dates specified in nominations In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide. (d) Effective date The amendments made by this section shall apply to periods after December 31, 2013. 3. Extension of renewal community tax incentives (a) Additional period Section 1400E(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Additional period In the case of any designation of an area as a renewal community which terminated under subparagraph (A) or (B) of paragraph (1) on December 31, 2009— (A) such designation shall be in effect for an additional period beginning on January 1, 2014 and ending on December 31, 2020, (B) sections 1400F shall be applied with respect to such area for such additional period— (i) by substituting December 31, 2013 for December 31, 2001 each place it appears, (ii) by substituting January 1, 2014 for January 1, 2002 each place it appears, (iii) by substituting January 1, 2021 for January 1, 2010 each place it appears, and (iv) by substituting December 31, 2025 for December 31, 2014 each place it appears, and (C) section 1400J shall be applied with respect to such area for such additional period— (i) by substituting December 31, 2013 for December 31, 2001 , and (ii) by substituting January 1, 2021 for January 1, 2010 . . (b) Effective date The amendment made by this section shall apply to periods after December 31, 2013.
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113-hr-4472
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I 113th CONGRESS 2d Session H. R. 4472 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Fattah introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the establishment of a grant program to support United States-Israeli cooperation for neuroscience-related research, and for other purposes.
1. Short title This Act may be cited as the US–Israel Global Neuroscience Partnership Act of 2014 . 2. Findings Congress finds that— (1) it is in the highest national security interests of the United States to develop neuroscience-related research and neurotechnology; (2) the State of Israel is a steadfast ally of the United States; (3) the special relationship between the United States and Israel is manifested in a variety of cooperative scientific research and development programs, such as— (A) the United States-Israel Binational Science Foundation; and (B) the United States-Israel Binational Industrial Research and Development Foundation; (4) those programs have made possible many scientific, technological, and commercial breakthroughs in the fields of life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others; (5) in December 2011 the Office of Science and Technology Policy was directed by Congress to establish an Interagency Working Group on Neuroscience which was chartered on June 20, 2012, is housed at the White House, and is currently convening representatives across the Federal Government to make recommendations about the future of neuroscience research; (6) Israeli scientists and engineers are at the forefront of research and development in the field of neuroscience; (7) Israel Brain Technologies is a nonprofit organization whose mission is to turn Israel into a global brain technology and research leader by— (A) supporting applied brain research; (B) accelerating brain technology development; (C) creating and fostering a community around neurotechnology; and (D) attracting key stakeholders to partner and support brain technology in Israel; and (8) enhanced cooperation between the United States and Israel for the purpose of research and development of neuroscience would be in the national interests of both countries. 3. Grants for neuroscience-related research (a) Authority The Secretary, acting through the Director of the National Institutes of Health, in consultation with the BIRD or BSF, shall award grants to eligible entities for neuroscience-related research. (b) Application (1) Submission of applications To receive a grant under this section, an eligible entity shall submit an application to the Secretary containing such information and assurances as the Secretary, in consultation with the BIRD or BSF, may require. (2) Selection of eligible entities The Secretary, in consultation with the Directors of the BIRD and BSF, may review any application submitted by any eligible entity and select any eligible entity meeting criteria established by the Secretary, in consultation with the Advisory Board, for a grant under this section. (c) Amount of grant The amount of each grant awarded for a fiscal year under this section shall be determined by the Secretary, in consultation with the BIRD or BSF. (d) Recoupment (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish procedures and criteria for recoupment in connection with any eligible project carried out by an eligible entity that receives a grant under this section, which has led to the development of a product or process which is marketed or used. (2) Amount required (A) Except as provided in subparagraph (B), such recoupment shall be required as a condition for award and be proportional to the Federal share of the costs of such project, and shall be derived from the proceeds of royalties or licensing fees received in connection with such product or process. (B) In the case where a product or process is used by the recipient of a grant under this section for the production and sale of its own products or processes, the recoupment shall consist of a payment equivalent to the payment which would be made under subparagraph (A). (3) Waiver The Secretary may at any time waive or defer all or some of the recoupment requirements of this subsection as necessary, depending on— (A) the commercial competitiveness of the entity or entities developing or using the product or process; (B) the profitability of the project; and (C) the commercial viability of the product or process utilized. (e) Private funds The Secretary may accept contributions of funds from private sources to carry out this Act. (f) Report Not later than 180 days after receiving a grant under this section, each recipient shall submit a report to the Secretary— (1) documenting how the recipient used the grant funds; and (2) evaluating the level of success of each project funded by the grant. 4. International Neuroscience-Related Research Advisory Board (a) Establishment There is established in the National Institutes of Health an International Neuroscience-Related Research Advisory Board. (b) Duties The Advisory Board shall advise the Secretary on— (1) criteria for the recipients of grants awarded under section 3(a); (2) the total amount of grant money to be awarded to all grantees selected by the Secretary, in consultation with the BIRD; and (3) the total amount of grant money to be awarded to all grantees selected by the Secretary, in consultation with the BSF, for each fiscal year. (c) Membership (1) Composition The Advisory Board shall be composed of— (A) 1 member appointed by the Director of the National Science Foundation; (B) 1 member appointed by the Director of the National Institutes of Health; (C) 1 member appointed by the Director of the National Institute of Standards and Technology; and (D) in addition to the member appointed under subparagraph (B), 3 members who shall be Israeli citizens, appointed by the Director of the National Institutes of Health after consultation with appropriate officials in the Israeli Government. (2) Deadline for appointments The initial appointments under paragraph (1) shall be made not later than 60 days after the date of enactment of this Act. (3) Term Each member of the Advisory Board shall be appointed for a term of 4 years. (4) Vacancies A vacancy on the Advisory Board shall be filled in the manner in which the original appointment was made. (5) Basic pay (A) Compensation A member of the Advisory Board shall serve without pay. (B) Travel expenses Each member of the Advisory Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions of subchapter I of chapter 57 of title 5, United States Code. (6) Quorum Three members of the Advisory Board shall constitute a quorum. (7) Chairperson The Chairperson of the Advisory Board shall be designated by the Director of the National Institutes of Health from among the members appointed by the Director at the time of the appointment. (8) Meetings The Advisory Board shall meet at least once annually at the call of the Chairperson. (d) Termination Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board. 5. Definitions In this Act: (1) Advisory board The term Advisory Board means the International Neuroscience-Related Research Advisory Board established by section 4(a). (2) BIRD The term BIRD means the Israel-United States Binational Industrial Research and Development Foundation. (3) BSF The term BSF means the United States-Israel Binational Science Foundation. (4) Eligible entity The term eligible entity means a joint venture comprised of both Israeli and United States private business entities or a joint venture comprised of both Israeli academic persons (who reside and work in Israel) and United States academic persons, that— (A) carries out an eligible project; and (B) is selected by the Secretary, in consultation with the BIRD or BSF, using the criteria established by the Secretary, in consultation with the Advisory Board. (5) Eligible project The term eligible project means a project to encourage cooperation between the United States and Israel on neuroscience-related research. (6) Secretary The term Secretary means the Secretary of Health and Human Services. 6. Termination The grant program authorized under section 3 and the Advisory Board shall terminate upon the expiration of the 7-year period which begins on the date of the enactment of this Act. 7. Authorization of appropriations The Secretary is authorized to expend not more than $20,000,000 to carry out this Act for each of fiscal years 2014 through 2020.
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113-hr-4473
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I 113th CONGRESS 2d Session H. R. 4473 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Foster (for himself, Ms. Tsongas , Mr. Owens , Mr. Enyart , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow small employers a credit against income tax for the cost of on-the-job training expenses, to make the research credit permanent, and to increase the simplified research credit.
1. Short title This Act may be cited as the Small Business Growth in Manufacturing Act of 2014 . 2. Credit for on-the-job training (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. On-the-job training credit (a) In general For the purposes of section 38, in the case of a small business employer, the job training credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified training expenses paid or incurred by the taxpayer during the taxable year. (b) Limitations (1) In general The credit allowed under subsection (a) with respect to any eligible trainee shall not exceed the excess (if any) of $5,000 over the aggregate credit allowed to such taxpayer under this section with respect to such eligible trainee for all prior taxable years. (2) 3-year limitation on expenses per trainee Qualified training expenses may be taken into account under this section with respect to any eligible trainee only during the 3-year period beginning on the date that such expenses were first incurred by the taxpayer with respect to such trainee. (c) Small business employer For purposes of this section— (1) In general The term small business employer means any employer if such employer employed an average of 500 or fewer employees on business days during the most recent calendar year ending before the beginning of the taxable year. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. (2) Employers not in existence in preceding year In the case of an employer which was not in existence throughout the calendar year otherwise taken into account under paragraph (1), the determination under paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. (d) Definitions For purposes of this section— (1) Qualified training expenses The term qualified training expenses means amounts paid or incurred to an unrelated party for— (A) the purchase or use of instructional materials and equipment used exclusively for the training of eligible trainees, (B) the use of classroom or other space so used, and (C) teachers, trainers, and consultants engaged in carrying out such training program. (2) Eligible trainee The term eligible trainee means any employee of the taxpayer who performs services for the employer for at least 30 hours per week while receiving the training for which the qualified training expenses are incurred. (e) Special rules (1) Denial of double benefit No deduction shall be allowed for that portion of the qualified training expenses (otherwise allowable as a deduction for the taxable year) which is equal to the amount of the credit determined for such taxable year under this section. (2) Aggregation For purposes of this section, all persons treated as a single employer under subsection (a) or (b) or section 52, or subsection (m) or (o) of section 414, shall be treated as one person. (f) Election To have credit not apply A taxpayer may elect (at such time and in such manner as the Secretary may by regulations prescribe) to have this section not apply for any taxable year. . (b) Credit To be part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) in the case of a small business employer (as defined in section 45S(c)), the job training credit determined under section 45S(a). . (c) Credit allowed against alternative minimum tax Section 38(c)(4)(B) of such Code is amended by redesignating clauses (vii), (viii), and (ix) as clauses (viii), (ix), and (x), respectively, and by inserting after clause (vi) the following new clause: (vii) the credit determined under section 45S, . (d) Technical amendment Section 6501(m) of such Code is amended by inserting 45S(e), after 45H(g), . (e) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. On-the-job training credit. . (f) Effective dates (1) In general The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act, in taxable years ending after such date. (2) Minimum tax The amendment made by subsection (c) shall apply to credits determined under section 45S of the Internal Revenue Code of 1986 in taxable years ending after the date of the enactment of this Act, and to carrybacks of such credits. 3. Research credit made permanent; increase in alternative simplified research credit (a) Research credit made permanent (1) In general Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Conforming amendments (A) Subsection (c) of section 41 of such Code is amended by striking paragraph (4). (B) Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (3) Effective date The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2013. (b) Increase in alternative simplified research credit (1) In general Subparagraph (A) of section 41(c)(5) of such Code (relating to election of alternative simplified credit) is amended by striking 14 percent (12 percent in the case of taxable years ending before January 1, 2009) and inserting 20 percent . (2) Effective date The amendment made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.
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113-hr-4474
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I 113th CONGRESS 2d Session H. R. 4474 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Ms. Granger (for herself, Mr. Deutch , and Mr. McCaul ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To remove the Kurdistan Democratic Party and the Patriotic Union of Kurdistan from treatment as terrorist organizations and for other purposes.
1. Treatment of the Kurdistan Democratic Party and the Patriotic Union of Kurdistan under the Immigration and Nationality Act (a) Removal of the Kurdistan Democratic Party and the Patriotic Union of Kurdistan from treatment as terrorist organizations (1) In general Except as provided in paragraph (2), the Kurdistan Democratic Party and the Patriotic Union of Kurdistan shall not be considered to be terrorist organizations (as defined in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi)(III) )) for purposes of such section 212(a)(3)(B). (2) Exception The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend the application of paragraph (1) for either or both of the groups referred to in paragraph (1) in such Secretary’s sole and unreviewable discretion. (b) Relief regarding admissibility of nonimmigrant aliens associated with the Kurdistan Democratic Party and the Patriotic Union of Kurdistan (1) In general Subject to paragraph (2), section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) shall not apply to an alien, with respect to the alien’s activities undertaken in association with the Kurdistan Democratic Party or the Patriotic Union of Kurdistan, if the alien is applying for a nonimmigrant visa or presents himself or herself for inspection to an immigration officer at a port of entry as a nonimmigrant or is applying in the United States for nonimmigrant status, unless a consular officer or the Secretary of Homeland Security— (A) knows, or has reasonable grounds to believe, that the alien poses a threat to the safety and security of the United States; or (B) otherwise believes, in his or her discretion, that the alien does not warrant a visa, admission to the United States, or a grant of nonimmigrant status in the totality of the circumstances. (2) Exception The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend the application of paragraph (1) in such Secretary’s sole and unreviewable discretion. (3) Consultation requirement The Secretary of State and the Secretary of Homeland Security shall implement this subsection in consultation with the Attorney General. (4) Construction Nothing in this subsection may be construed to alter an alien’s burden of demonstrating admissibility under the immigration laws of the United States. 2. Prohibition on judicial review Notwithstanding any other provision of law (whether statutory or nonstatutory), section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ), sections 1361 and 1651 of title 28, United States Code, section 2241 of such title, and any other habeas corpus provision of law, no court shall have jurisdiction to review any determination made pursuant to this Act.
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113-hr-4475
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I 113th CONGRESS 2d Session H. R. 4475 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Griffith of Virginia (for himself and Mr. Hanna ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To allow the manufacture, importation, distribution, and sale of investigational drugs and devices intended for use by terminally ill patients who execute an informed consent document, and for other purposes.
1. Short title This Act may be cited as the Compassionate Freedom of Choice Act of 2014 . 2. Drugs and devices for use by terminally ill patients The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 561 (21 U.S.C. 360bbb) the following: 561A. Drugs and devices for use by terminally ill patients (a) In general Nothing in this Act or section 351 of the Public Health Service Act prevents or restricts, and the Food and Drug Administration shall not implement or enforce any provision of law preventing or restricting, the manufacture, importation, distribution, or sale of an investigational drug or device intended for use by a terminally ill patient in accordance with subsection (b). (b) Patient requirements In order for an investigational drug or device to be intended for use in accordance with this subsection, such drug or device must be intended for use by a patient who has— (1) been diagnosed with a terminal illness by a licensed physician; (2) been informed by a licensed physician that no drug or device that is lawfully marketed in the United States is likely to cure the illness; and (3) executed a written informed consent document that states— (A) the known and potential risks and benefits of such drug or device; and (B) any indications of the illness for which a drug or device is lawfully marketed, or for which treatment is otherwise available, in the United States. (c) Prohibition on requiring the disclosure, collection, and reporting of certain information by Food and Drug Administration (1) In general The Commissioner of Food and Drugs may not require the disclosure, collection, or reporting of— (A) any information related to the delivery, administration, or use of an investigational drug or device pursuant to this section; or (B) any information related to the clinical outcomes experienced by a terminally ill patient supplied an investigational drug or device pursuant to this section. (2) Exception Nothing in this subsection prevents the sponsor of a clinical trial from voluntarily disclosing, collecting, or reporting information to the Food and Drug Administration. (d) Definition of investigational drug or device In this section, the term investigational drug or device means a drug or device that— (1) has not yet been approved, licensed, or cleared for commercial distribution under section 505, 510(k), or 515 of this Act or section 351 of the Public Health Service Act, and cannot otherwise be lawfully marketed in the United States; and (2) is or has been the subject of one or more clinical trials. . 3. Liability protection The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) is amended by inserting after section 561A, as inserted by section 2 of this Act, the following: 561B. Liability protection Except in the case of gross negligence or willful misconduct, any person who manufactures, imports, distributes, prescribes, dispenses, or administers an investigational drug or device in accordance with section 561A shall not be liable in any action under Federal or State law for any loss, damage, or injury arising out of, relating to, or resulting from— (1) the design, development, clinical testing and investigation, manufacturing, labeling, distribution, sale, purchase, donation, dispensing, prescription, administration, or use of the drug or device; or (2) the safety or effectiveness of the drug or device. .
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113-hr-4476
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I 113th CONGRESS 2d Session H. R. 4476 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require ingredient labeling of certain consumer cleaning products, and for other purposes.
1. Short title This Act may be cited as the Cleaning Product Right to Know Act of 2014 . 2. Cleaning products labeling requirement (a) Labeling requirement Beginning 1 year after the date of enactment of this Act, a cleaning product manufactured for sale, offered for sale, distributed in commerce, or imported to the United States after such date shall bear a label on the product’s container or packaging with a complete and accurate list of all the product’s ingredients, including the individual ingredients in dyes, fragrances, and preservatives. Ingredients shall be listed in accordance with the following: (1) Each ingredient shall be listed by the name assigned to it by the International Nomenclature of Cosmetic Ingredients. If there is no such name, by the name assigned to it by the International Union of Pure and Applied Chemistry. If there is no such name, the ingredient may be listed by its common chemical name. (2) Ingredients shall be listed in descending order of predominance in the product by weight, other than ingredients that constitute less than 1 percent of the product, which may be listed at the end in any order. (b) Exemptions (1) Exemption for undetectable ingredients The Commission may exempt from the labeling requirement an ingredient that is present in a cleaning product at such low levels that detection of the ingredient in the product is not technologically feasible. (2) Exemption for ingredients constituting trade secrets (A) In general An ingredient may be exempt from the labeling requirements of this section if the manufacturer demonstrates to the Commission that such ingredient is a trade secret, as determined by the Commission under subparagraph (D), based on a claim submitted by the manufacturer under subparagraph (B). An exemption for an ingredient under this paragraph shall be for a period of 5 years, after which the manufacturer may again submit a claim for an additional 5-year exemption. (B) Claims of trade secrecy A manufacturer making a claim that an ingredient is a trade secret shall file such claim with the Commission. Such claim shall contain— (i) the identity of the person making the claim; (ii) a brief description of the information for which trade secret protection is being claimed; (iii) the period of time for which trade secret protection is claimed and a justification for the period selected; (iv) the extent to which the information is known by employees or others involved with the facility or business, and whether or not those individuals with knowledge are bound by non-disclosure agreements; (v) the extent to which the information is known outside of the facility or business of the person, and whether or not individuals with such knowledge are bound by non-disclosure agreements; (vi) the measures taken to restrict access to and safeguard the information, and whether or not the person plans to continue utilizing such measures; (vii) copies of, or references to, any pertinent confidentiality determinations previously made by any public agencies; (viii) the estimated dollar value of the claimed information to the person’s facility or business, and to that person’s competitors; (ix) the amount of effort or money expended by the person’s facility or business in developing the information; (x) the ease or difficulty with which the information could be properly acquired, duplicated or reverse-engineered by others; (xi) a description of the nature and extent of substantial harm that would be caused if the information were made public, including an explanation of the causal relationship between disclosure and the harmful effects claimed; (xii) the signature of the person’s general counsel or other executive with knowledge of the preparation of the substantiating information certifying under penalty of perjury, based upon the knowledge and belief of the signatory, that— (I) the substantiating information is true, accurate, and complete; (II) the information for which trade secret protection is claimed is not otherwise publicly available; and (III) there is a reasonable basis to assert trade secret protection for the information so claimed; and (xiii) the name, mailing address, telephone number and email address of the individual to be contacted if any additional information is needed by the Commission to make a determination. (C) Limitation No ingredient may be claimed as a trade secret if such ingredient— (i) is publicly known to be in the product; (ii) can be discovered through a standard process of reverse engineering; (iii) is a hazardous substance within the meaning of section 2(f) of the Federal Hazardous Substances Act ( 15 U.S.C. 1261(f) ); or (iv) is a substance— (I) meeting the criteria for category 1 or category 2 for any of the toxicity endpoints established by the Globally Harmonized System for the Classification and Labeling of Hazardous Substances that causes an adverse effect that has been demonstrated in humans or other exposed organisms; or (II) for which the weight of evidence (such as demonstration of an adverse effect, laboratory studies, or data for a chemical from the same chemical class that exhibits that adverse effect) demonstrates the potential for an adverse effect in humans or other exposed organisms, including actual or potential effects of exposure to the chemical substance or mixture on mortality, morbidity, including carcinogenesis, reproduction, growth and development, the immune system, the endocrine system, the brain or nervous system, other organ systems, or any other biological functions in humans or nonhuman organisms. (D) CPSC determination As promptly as practicable after receiving the information submitted by a manufacturer, the Commission shall make a determination on the basis of such information as to whether the ingredient is a legitimate trade secret and shall notify the manufacturer of its determination. (c) Treatment under the FHSA A cleaning product that is not in conformity with the labeling requirements of subsection (a) and not exempt from such requirements pursuant to subsection (b) shall be treated as a substance defined in section 2(p) of the Federal Hazardous Substances Act ( 15 U.S.C. 1261(p) ) for purposes of such Act. (d) No effect on existing labeling requirements Nothing in this Act shall be interpreted as having any effect on any labeling requirements in effect before the date of enactment of this Act as described in section 2(p) of the Federal Hazardous Substances Act ( 15 U.S.C. 1261(p) ). (e) Rulemaking Authority The Commission may issue such regulations it determines necessary to provide for the effective enforcement of this Act, and shall consult with the Administrator of the Environmental Protection Agency as necessary. 3. Public right to know petition (a) Petition Any person may submit a petition to the Commission alleging that a cleaning product available in interstate commerce does not satisfy the labeling requirements of this Act. (b) Action by the Commission The Commission shall notify a petitioner of the receipt of a petition within 30 days after receipt of such petition. The Commission shall investigate the claims made by the petition and make a determination as to the validity of such claims within 180 days after acknowledging the receipt of such petition. If the Commission sustains the claim or claims made by the petition, the Commission shall initiate the proper enforcement actions required by law. (c) Regulations The Commission may issue such regulations as it determines necessary to require that petitions include a reasonable evidentiary basis for the claims made therein. 4. Required internet disclosure (a) Manufacturer Disclosure Each manufacturer of a cleaning product shall make available in a clear and conspicuous location on the website of such manufacturer, if the manufacturer maintains a website, a complete list of each of the manufacturer’s cleaning products’ ingredients not later than 6 months after the date of enactment of this Act. (b) Content and requirements of disclosure The disclosure required by subsection (a) shall— (1) name and list the product’s ingredients in the manner prescribed in section 3; (2) be reviewed every 120 days and revised as necessary to reflect changes to cleaning products; (3) include the appropriate Chemical Abstract Services number for each ingredient; (4) identify any potential adverse health effect of each ingredient in the cleaning product and use the appropriate signal word or hazard descriptor as prescribed in section 2(p) of the Federal Hazardous Substances Act ( 15 U.S.C. 1261(p) ); and (5) be sortable by product, ingredient, adverse health effect, and other categories as determined by the Commission. (c) Commission Disclosure Promptly after the date set forth in subsection (a), the Commission shall provide on the website of the Commission a web page that aggregates the information made available by manufacturers under such subsection and that allows users to compare products made by different manufacturers. Such web page shall be reviewed every 6 months and revised as necessary to reflect changes to cleaning products. (d) Language accessibility The disclosures required to be made on a website or web page subject to this section shall be available in English, Spanish, and any other language the Commission determines necessary to ensure that users of a cleaning product in the United States are informed as to the complete list of the product’s ingredients and potential adverse health effects. 5. Enhanced penalties Section 5(c)(1) of the Federal Hazardous Substances Act ( 15 U.S.C. 1264(c)(1) ) is amended by striking $15,000,000 and inserting $30,000,000 . 6. Reporting Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Commission shall prepare a report on compliance with the labeling requirement of this Act and the enforcement activities of the Commission, and shall transmit such report to Congress and make it publicly available on the Internet. 7. Preemption Nothing in this Act affects the right of a State or political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance that is different from, or in addition to, a regulation, requirement, liability, or standard of performance established pursuant to this Act unless compliance with both this Act and the State or political subdivision of a State regulation, requirement, or standard of performance is impossible, in which case the applicable provision of this Act shall control. 8. Definitions In this Act: (1) Adverse health effect The term adverse health effect means a chemical or biochemical change, anatomic change, or functional impairment, or a known precursor to such a change or impairment, that— (A) has the potential to impair the performance of an anatomic structure of a vital system of an organism or progeny of an organism; (B) causes irreversible change in the homeostasis of an organism; (C) increases the susceptibility of an organism or progeny of an organism to other chemical or biological stressors or reduces the ability of an organism or progeny of an organism to respond to additional health or environmental challenges; or (D) affects, alters, or harms the environment such that the health of humans or other organisms is directly or indirectly threatened. (2) Air care product The term air care product means a chemically formulated consumer product designed to clean and freshen air or to deodorize and neutralize unwanted odors in the indoor air, including solid gels, air freshener spray, an outlet or battery operated air freshener, a hanging car air freshener, and a potpourri product. (3) Automotive product The term automotive product means a chemically formulated consumer product designed to maintain the appearance of a motor vehicle, but does not include automotive paint or a paint repair product. (4) Cleaning product The term cleaning product means any product used primarily for commercial, domestic, or institutional cleaning purposes, including an air care product, automotive product, disinfectant (except as provided in subparagraph (B)), and polish or floor maintenance product. Such term shall not include— (A) any drug or cosmetics, including personal care items such as toothpaste, shampoo, and hand soap; or (B) a product labeled, advertised, marketed, and distributed for use only as a pesticide, as defined by section 2(u) of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136(u)), including a disinfectant intended for use solely on critical or semi-critical devices as described by such section. (5) Commission The term Commission means the Consumer Product Safety Commission. (6) Ingredient The term ingredient means a chemical in a cleaning product, including— (A) a chemical that provides a technical or functional effect; (B) a chemical that has no technical or functional effect but is present by reason of having been incorporated into the cleaning product as an ingredient of another chemical; (C) a processing aid that is present by reason of having been added to a cleaning product during the processing of such cleaning product; (D) any substance that is present by reason of having been added to a cleaning product during processing for its technical or functional effect; (E) any contaminant that may leach from container materials or form via reactions over the shelf life of a cleaning product and that may be present at levels where detection is technologically feasible; (F) with respect to a fragrance or preservative, each individual component part of the fragrance or preservative by its individual name; and (G) any individual component of a petroleum-derived, animal-derived, or other ingredient that the Commission determines be considered an ingredient. (7) Polish or floor maintenance product The term polish or floor maintenance product means a chemically formulated consumer product designed to polish, protect, or maintain furniture, floors, metal, leather, or other surfaces, including polish, wax, and restorer.
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113-hr-4477
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I 113th CONGRESS 2d Session H. R. 4477 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. McNerney introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize the Secretary of Transportation to make grants for engineering, final design, and construction of the Altamont Corridor Rail Project, California, and for other purposes.
1. Short title This Act may be cited as the Altamont Corridor Rail Improvement Act of 2014 . 2. Findings Congress finds the following: (1) The Altamont Rail Corridor serves a Northern California megaregion with a projected population of 18,000,000 by 2025. (2) The Altamont Rail Corridor is the primary gateway between the Central Valley of California and the San Francisco Bay Area and parallels two of the most congested highway corridors in the region. (3) The Metropolitan Transportation Commission completed a final report of the Bay Area Regional Rail Plan in 2007 that called for a dedicated regional rail line that would provide both intercity and commuter passenger rail service to improve connectivity and accessibility between the Northern San Joaquin Valley population centers and the Bay Area. (4) The California High Speed Rail Authority has identified the Altamont Rail Corridor as a critical element to regional transportation needs and entered into partnership with the major governing and operating entities in the corridor to improve the regional ACE service in the near term and develop capability for joint use to accommodate intercity and commuter service as well as interface with the high-speed rail system in the future. (5) The Bay Area Regional Rail Plan projects that the ACE train that currently provides passenger rail service in the Altamont Rail Corridor will average 49,000 daily boardings by 2050. (6) The current situation of sharing Altamont Rail Corridor passenger service with the growing freight operations in the existing alignment will severely limit opportunity for service improvement or expansion as critically needed. (7) The expansion and improvement of passenger rail service in the Altamont Rail Corridor will have significant environmental and economic development benefits for the region. 3. Project authorization for new fixed guide way capital project (a) Allocation of funds The Secretary of Transportation is authorized to allocate, out of funds made available under section 5309(m) of title 49, United States Code, a total amount not to exceed $450,000,000 for the period encompassing fiscal years 2015 through 2024 to carry out any remaining preliminary engineering and final design and construction of the Altamont Corridor Rail Project. (b) Use of environmental documents Any alternatives analysis or environmental impact report relating to the Altamont Corridor Rail Project that is prepared to comply with the requirements for capital assistance from the Federal Railroad Administration (including documents prepared before the date of enactment of this Act) may be used to satisfy the requirements for grant assistance under section 5309 of title 49, United States Code.
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113-hr-4478
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I 113th CONGRESS 2d Session H. R. 4478 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Rangel introduced the following bill; which was referred to the Committee on Financial Services A BILL To require that any new contract to provide project-based rental assistance under section 8 of the United States Housing Act of 1937 have a term of 40 years, and for other purposes.
1. Short title This Act may be cited as the Section 8 Relief Act of 2014 . 2. 40-year terms for section 8 project-based contracts Notwithstanding any other provision of law, any housing assistance payments contract to provide rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) that is attached to a structure and is entered into after the date of the enactment of this Act shall have a term of 40 years.
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113-hr-4479
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I 113th CONGRESS 2d Session H. R. 4479 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Rangel introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a renter’s credit.
1. Short title This Act may be cited as the Renters Tax Credit Act of 2014 . 2. Renters tax credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Renters credit (a) In general For purposes of section 38, in the case of a qualified credit recipient, the renters credit for any taxable year is an amount equal to the sum of the renter’s credit amounts allocated to such qualified credit recipient under this section for months ending during the taxable year. (b) Renter’s credit amount (1) In general For purposes of this section, the term renters credit amount means the rent reduction amount with respect to each rental unit which is occupied by a qualified renter. (2) Qualified renter For purposes of this section, the term qualified renter means a family unit with income not greater than the higher of— (A) 60 percent of local median income, or (B) 150 percent of the Federal poverty line, in each case as determined by the Secretary of Housing and Urban Development for a family of the size involved. (3) Rent reduction amount For purposes of this section— (A) In general The term rent reduction amount is the amount by which the fair market rent for the unit involved exceeds the rent charged to the qualified renter. (B) Limitation The rent reduction amount taken into account under this section shall not exceed the excess of— (i) the rent charged to the qualified renter (or, if lower, specified modest rent), over (ii) 30 percent of the qualified renter’s income (prorated monthly) as determined by the renters credit agency of the State. (C) Specified modest rent The term specified modest rent means— (i) the Fair Market Rent determined by the Secretary of Housing and Urban Development for the zip code (if the unit is located in a metropolitan area) or non-metropolitan county, or (ii) such amount as may be determined by the State with respect to the area in which the unit is located if such amount is within 25 percent of the amount determined under clause (i) with respect to such unit. (D) Utilities The renters credit agency of the State may determine whether and how to take into account the cost of utilities in determining the rent reduction amount. (E) Credit adjustment The renters credit agency of the State may elect to increase the rent reduction amount such that such amount does not exceed 110 percent of such amount as determined without regard to this subparagraph. (c) Qualified credit recipient For purposes of this section, the term qualified credit recipient means, with respect to any rental unit occupied by a qualified renter, the owner of such unit but only to the extent of the renters credit amounts which have been allocated to such person by the renters credit agency. In lieu of the owner of the unit, the renters credit agency may treat the lender of any loan to such owner as the qualified credit recipient if such unit secures such loan. (d) Allocations by renters credit agency to credit recipients (1) In general The renters credit agency may make allocations of renters credit amounts to qualified credit recipients under this section on the basis of— (A) the identity of the qualified renter, such that the renters credit amount is allowed to the owner of any rental unit which such qualified renter occupies (or the lender referred to in subsection (c)) for any month, or (B) one or more rental units, such that the renters credit amount is allowed to the owner of such units (or the lender referred to in subsection (c)) for such months as such units are occupied by a qualified renter. (2) Restrictions on unit based allocations A renters credit agency may make allocations of renters credit as described in paragraph (1)(B) only if— (A) such units are part of a project or building in which not more than 40 percent of the units receive allocations under this section (the Secretary may provide such exceptions to the requirement of this subparagraph as the Secretary determines appropriate for small buildings or buildings with respect to which more than 40 percent of the units were previously subsidized under other Federal programs), and (B) the Secretary has approved a mobility plan submitted by such renters credit agency which provides for an adequate method to ensure that qualified renters have the ability to move from a unit which is eligible for credit under this section without losing the rent subsidy provided by this section. (e) Allocations of credit authority to State agencies (1) Renters credit dollar amount for agencies (A) State limitation The aggregate credit amounts which a renters credit agency may allocate for any calendar year is the portion of the State renters credit ceiling allocated under this paragraph for such calendar year to such agency. (B) State ceiling initially allocated to State housing credit agencies Except as provided in subparagraphs (D) and (E), the State renters credit ceiling for each calendar year shall be allocated to the renters credit agency of such State. If there is more than 1 renters credit agency of a State, all such agencies shall be treated as a single agency. (C) State renters credit ceiling The State renters credit ceiling applicable to any State and any calendar year shall be an amount equal to the sum of— (i) the unused State renters credit ceiling (if any) of such State for the preceding calendar year, (ii) the greater of— (I) $17.50 multiplied by the State population, or (II) $20,000,000, (iii) the amount of State renters credit ceiling returned in the calendar year, plus (iv) the amount (if any) allocated under subparagraph (D) to such State by the Secretary. For purposes of clause (i), the unused State renters credit ceiling for any calendar year is the excess (if any) of the sum of the amounts described in clauses (ii) through (iv) over the aggregate renters credit dollar amount allocated for such year. (D) Unused renters credit carryovers allocated among certain States (i) In general The unused renters credit carryover of a State for any calendar year shall be assigned to the Secretary for allocation among qualified States for the succeeding calendar year. (ii) Unused renters credit carryover For purposes of this subparagraph, the unused renters credit carryover of a State for any calendar year is the excess (if any) of— (I) the unused State renters credit ceiling for the year preceding such year, over (II) the aggregate renters credit dollar amount allocated for such year. (iii) Formula for allocation of unused housing credit carryovers among qualified States The amount allocated under this subparagraph to a qualified State for any calendar year shall be the amount determined by the Secretary to bear the same ratio to the aggregate unused renters credit carryovers of all States for the preceding calendar year as such State's population for the calendar year bears to the population of all qualified States for the calendar year. For purposes of the preceding sentence, population shall be determined in accordance with section 146(j). (iv) Qualified State For purposes of this subparagraph, the term qualified State means, with respect to a calendar year, any State— (I) which allocated its entire State renters credit ceiling for the preceding calendar year, and (II) for which a request is made (not later than May 1 of the calendar year) to receive an allocation under clause (iii). (E) Application of certain rules For purposes of this paragraph, rules similar to the rules of subparagraphs (E), (F), and (G) of section 42(h)(3) shall apply. (F) Inflation adjustment (i) In general In the case of a calendar year after 2013, the $20,000,000 and $17.50 amounts in subparagraph (C) shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2001 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding (I) In the case of the $20,000,000 amount, any increase under clause (i) which is not a multiple of $50,000 shall be rounded to the next lowest multiple of $50,000. (II) In the case of the $17.50 amount, any increase under clause (i) which is not a multiple of 50 cents shall be rounded to the next lowest multiple of 50 cents. (f) Other definitions For purposes of this section— (1) Renters credit agency The term renters credit agency means, with respect to any State, the housing credit agency of such State (as defined in section 42(h)(8)(A)) or such other agency as is authorized to carry out the activities of the renters credit agency under this section. (2) Possessions treated as States The term State includes a possession of the United States. (g) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. . (b) Credit To be part of general business credit (1) In general Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the renters credit determined under section 45S(a). . (2) Credit allowable against alternative minimum tax Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: (vii) the 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 such Code is amended by adding at the end the following new item: Sec. 45S. Renters credit. . (d) Effective date The amendments made by this section shall apply to allocations made for calendar years after 2014 and to taxable years ending after December 31, 2014.
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113-hr-4480
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I 113th CONGRESS 2d Session H. R. 4480 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Richmond (for himself, Mr. Al Green of Texas , Mr. Hastings of Florida , Mr. Carson of Indiana , Ms. Lee of California , Mr. Thompson of Mississippi , Mr. Rush , Mr. Fattah , Ms. Brown of Florida , Mr. Danny K. Davis of Illinois , Mr. David Scott of Georgia , Mr. Payne , Mrs. Christensen , Ms. Eddie Bernice Johnson of Texas , Ms. Norton , Mr. Cummings , Mr. Cleaver , Ms. Wilson of Florida , Mr. Butterfield , Mr. Meeks , Ms. Moore , Mr. Jeffries , Mr. Johnson of Georgia , Ms. Jackson Lee , Mr. Clyburn , Mr. Conyers , Mrs. Beatty , Ms. Bass , Mr. Ellison , Mr. Veasey , Ms. Fudge , Ms. Waters , Mr. Clay , Ms. Kelly of Illinois , Mr. Bishop of Georgia , Ms. Sewell of Alabama , and Ms. Clarke of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend adverse credit history determinations for purposes of Federal Direct PLUS Loan eligibility.
1. Short title This Act may be cited as the Protecting Educational Loans for Underserved Students Act . 2. Adverse credit history determinations for Federal Direct PLUS Loan eligibility Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is amended by adding at the end the following: (r) Federal Direct PLUS Loans (1) In general Beginning July 1, 2014, in determining the eligibility of a student to borrow Federal Direct PLUS Loans, the Secretary shall determine whether the student has an adverse credit history in accordance with paragraph (2). (2) Determination of adverse credit history In determining whether a student has an adverse credit history for purposes of paragraph (1), the Secretary— (A) shall obtain a credit report on the student from at least one consumer reporting agency described under section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ) and within a timeframe that would ensure the most accurate, current representation of the student’s credit history before the first day of the period of enrollment for which the loan is intended; (B) unless the Secretary determines that the student has extenuating circumstances, shall consider that a student has an adverse credit history based on the student’s credit report, if— (i) the student is considered 90 or more days delinquent on the repayment of a debt exceeding $2,000; or (ii) during the 3 years before the date of the credit report, the student has been the subject of a— (I) default determination; (II) bankruptcy discharge; (III) foreclosure; (IV) repossession; (V) tax lien; (VI) wage garnishment; or (VII) write-off of a debt under this title; (C) shall not consider a student with debt that is unrelated to loans made under this title and that, as of the date of the student’s credit report, are in collections or have been charged off, to have an adverse credit history and shall not deny a Federal Direct PLUS Loan to the student for having such debt; (D) shall require that any student described in subparagraph (C) or a student who has been the subject of 1 or more of the actions described in subclauses (I) through (VII) of subparagraph (B)(ii) during a period ending more than 3 years before the date of the student’s credit report, to participate in loan counseling provided by the applicable institution of higher education as a condition of being eligible to receive a Federal Direct PLUS Loan; (E) shall not consider a student with no credit history as an individual with an adverse credit history, and shall not use a student’s absence of credit history as a reason to deny a Federal Direct PLUS Loan to such student; (F) shall retain a record of the Secretary’s basis for determining that the student has extenuating circumstances under subparagraph (B), which may include an updated credit report, debt related to a medical condition, a statement from a creditor that the student has made satisfactory arrangements to repay the debt owed to the creditor, a satisfactory statement from the student explaining any delinquencies with outstanding balances of less than $2,000, or a reduction of the credit requirements under this subsection in response to a natural disaster or poor economic conditions that are unforeseen or prolonged; and (G) in a case in which the Secretary determines that a student does not to have an adverse credit history in accordance with this subsection, shall consider such determination to be in effect for a 2-year period beginning on the date the Secretary makes such determination. (3) Definition For purposes of this subsection, the term student means a graduate or professional student or the parents of a dependent student. . 3. Inapplicability of title IV negotiated rulemaking requirement and master calendar exception Sections 482(c) and 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1089(c) , 1098a) shall not apply to the amendment made by section 2, or to any regulations promulgated under such amendment.
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113-hr-4481
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I 113th CONGRESS 2d Session H. R. 4481 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Head Start Act to authorize block grants to States for prekindergarten education.
1. Short title This Act may be cited as the Head Start Improvement Act of 2014 . 2. Head Start Block grants The Head Start Act ( 42 U.S.C. 9831 et seq. ) is amended— (1) in section 640, by adding at the end the following: (p) Beginning on October 1 of the first fiscal year following the date of enactment of the Head Start Improvement Act of 2014, the Secretary shall not allocate, reserve, or otherwise provide funds pursuant to this section. ; and (2) by inserting after section 640 the following: 640A. Block grants to eligible grantees (a) In general Notwithstanding any other provision of this subchapter, beginning on October 1 of the first fiscal year following the date of enactment of the Head Start Improvement Act of 2014, from the amounts appropriated to carry out this subchapter under section 639 for a fiscal year, the Secretary shall award grants to eligible grantees in accordance with this section. (b) Allotments (1) Eligible grantee defined In this section, the term eligible grantee means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, and each of the federally recognized Indian tribes. (2) Formula The Secretary shall allot the amount appropriated under section 639 for a fiscal year among the eligible grantees in proportion to the number of children, aged 5 and younger, who reside within the eligible grantee and are from families with incomes below 130 percent of the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such children who reside in all such eligible grantees for that fiscal year. (c) Use of funds (1) In general An eligible grantee that receives a grant under this section shall use 100 percent of the grant funds— (A) for prekindergarten education programs in the eligible grantee; (B) for the administration of the programs described in subparagraph (A); and (C) to provide direct technical assistance, oversight, monitoring, research, and training with respect to the programs described in subparagraph (A). (2) Certification The Governor, or other chief executive, of each eligible grantee that receives a grant under this section shall certify that all grant funds received under this section will be used to directly or indirectly provide comprehensive education and related services to low-income children and their families. (3) Eligible grantee responsibilities An eligible grantee that receives a grant under this section shall— (A) award subgrants to eligible entities (as defined by the eligible grantee) to enable such entities to provide prekindergarten education programs in the eligible grantee; (B) establish rules and standards for the entities awarded subgrants under subparagraph (A); and (C) monitor compliance by entities awarded subgrants under subparagraph (A). (4) Flexibility Subject to the requirements of this section, an eligible grantee that receives a grant under this section shall have full flexibility to use grant funds to finance a prekindergarten education provider, service, or program, including to establish a portable voucher system. (5) Members of federally recognized indian tribes A member of a federally recognized Indian tribe who is eligible to receive services pursuant to a program funded under this section may elect to receive such services from any eligible entity in the eligible grantee in which the member resides. (d) Matching funds An eligible grantee that receives a grant under this section shall provide matching funds from non-Federal sources equal to 20 percent of the amount of the grant to carry out the activities described in this section. .
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113-hr-4482
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I 113th CONGRESS 2d Session H. R. 4482 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To prohibit any appropriation of funds for the Science and Technology account of the Environmental Protection Agency.
1. Funding prohibition No funds are authorized to be appropriated for the Science and Technology account of the Environmental Protection Agency.
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113-hr-4483
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I 113th CONGRESS 2d Session H. R. 4483 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Ms. Shea-Porter (for herself, Mr. Holt , Mr. Massie , and Ms. Kuster ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to provide for the eligibility of certain additional programs for the National Science Foundation competitive grant program for K–12 math, science, engineering, and technology education, and for other purposes.
1. Short title This Act may be cited as the STEM Mentoring and Inspiration Act of 2014 . 2. Programs eligible for National Science Foundation competitive grant program for K–12 math, science, engineering, and technology education Section 286(s)(4)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s)(4)(B) ) is amended— (1) by inserting after provide college preparatory support the following: (including after-school support) ; and (2) by inserting after careers in science, mathematics, engineering, and technology; the following: support math, science, engineering, and technology engagement programs that incorporate self-directed student learning, inquiry-based learning, cooperative learning in small groups, collaboration with mentors in the field of study, and participation in related competitions; .
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113-hr-4484
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I 113th CONGRESS 2d Session H. R. 4484 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Ms. Sinema (for herself, Mr. Gibson , Mr. Barber , Mr. Bilirakis , and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide improvements for Medicare Advantage special needs plans, and for other purposes.
1. Short title This Act may be cited as the Strengthening Healthcare Options for Vulnerable Populations Act . 2. Reauthorization of certain Medicare Advantage Special Needs Plans (a) Permanent extension of Medicare Advantage Dual Special Needs Plans authority Section 1859(f)(1) of the Social Security Act ( 42 U.S.C. 1395w–28(f)(1) ) is amended by inserting , in the case of a specialized MA plan for special needs individuals who are not described in section 1859(b)(6)(B)(ii), before for periods before January 1, 2015 . (b) Medicare Advantage Dual Special Needs Plans required To provide integrated care Section 1859(f)(3) of the Social Security Act ( 42 U.S.C. 1395w–28(f)(3) ) is amended by adding at the end the following new subparagraph: (F) Not later than December 31, 2018, the plan is fully integrated with capitated contracts with States for any Medicaid benefits, including long-term care and behavioral health, to the extent State law permits capitation of such services under such plan. . (c) Clearly defined role of State Medicaid agency Section 1852(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1395w–22(a)(1)(B) ) is amended by adding at the end the following new clause: (vi) Defined role of State Medicaid agencies with respect to fully integrated dual special needs plans The Secretary, in coordination with State Medicaid Directors, shall develop a clearly defined role for State Medicaid agencies in contracting and oversight of plans described in clause (v)(II). . 3. Improvements to Medicare Advantage 5–Star Quality Rating System for plans with predominately Dual Eligible enrollees (a) Treatment of plans with disproportionately high dual eligible enrollees Section 1853(o) of the Social Security Act ( 42 U.S.C. 1395w–23(o) ) is amended by adding at the end the following new paragraph: (6) Treatment of plans with disproportionately high dual eligible enrollees (A) In general In implementing this subsection, the Secretary shall take such steps as are necessary to ensure that the quality rating for a plan— (i) does not disadvantage such a plan that enrolls— (I) full-benefit dual eligible individual (as defined in section 1935(c)(6)); (II) qualified Medicare beneficiaries (as defined in section 1905(p)(1)); or (III) individuals with complex health care needs, such as individuals with multiple conditions or individuals who require chronic care or institutional care; and (ii) accounts for differences in socioeconomic and demographic characteristics of enrollees of such a plan that result in significant variation in health outcomes. (B) Specific steps The steps described in subparagraph (A) shall include at least the following: (i) Comparing specialized MA plans for special needs individuals (as defined in section 1859(b)(6)) for special needs individuals who are described in subparagraph (B)(ii) of such section only against other plans with the same types of enrollment. (ii) Developing a methodology specific to specialized MA plans for special needs individuals (as defined in section 1859(b)(6)) for special needs individuals who are described in subparagraph (B)(ii) of such section for determining a quality rating under this subsection for such plans. (iii) Developing appropriate case mix adjustment to Healthcare Effectiveness Data and Information Set (HEDIS) and Health Outcomes Survey (HOS) measures for specialized MA plans for special needs individuals (as defined in section 1859(b)(6)) for special needs individuals who are described in subparagraph (B)(ii) of such section that account for factors beyond the control of the health system, such as the management of conditions. (iv) Identifying and implementing those quality measures that are appropriate for evaluating the performance of specialized MA plans for special needs individuals (as defined in section 1859(b)(6)) for special needs individuals who are described in subparagraph (B)(ii) of such section. (v) Eliminating duplicative or substantially similar measures applied under this title or title XIX with respect to specialized MA plans. . (b) Temporary treatment of certain dual special needs plans Section 1853(o) of the Social Security Act ( 42 U.S.C. 1395w–23(o) ), as amended by subsection (a), is further amended by adding at the end the following new paragraph: (7) Temporary treatment of certain dual special needs plans In implementing this subsection during the period beginning on the date of the enactment of this paragraph and ending one year after the date on which the Secretary has taken such steps as are required under paragraph (6), the Secretary may increase the quality rating that a specialized MA plans for special needs individuals (as defined in section 1859(b)(6)) for special needs individuals who are described in subparagraph (B)(ii) of such section would otherwise receive under this subsection for a year by 0.5 stars if the plan demonstrates to the satisfaction of the Secretary that the quality rating the plan would have otherwise received is predominately attributable to socio-economic, demographic, or pre-existing complex health care needs of the population enrolled in such plan with respect to such year instead of the performance of the plan with respect to such year. . (c) GAO report Not later than one year after the date on which the Secretary of Health and Human Services has taken such steps as are required under paragraph (6) of section 1853(o) of the Social Security Act ( 42 U.S.C. 1395w–23(o) ), as added by subsection (a), and annually thereafter for the following four years, the Comptroller General of the United States shall submit to Congress a report that includes a comprehensive review of the effectiveness of, and recommendations to improve, such steps so taken for improving health outcomes, cost controls, and beneficiary satisfaction. 4. Additional improvements to the oversight and operation of Medicare Advantage Dual Special Needs Plans by the Federal Coordinated Health Care Office (a) Dedicated point of contact for assisting States with administration Section 2602(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1315b(d) ) is amended by adding at the end the following new paragraph: (6) Serving as the dedicated point of contact within the Centers for Medicare & Medicaid Services to assist States with ongoing issues related to the administration of specialized MA plans for special needs individuals (as defined in section 1859(b)(6) of the Social Security Act) for special needs individuals who are described in subparagraph (B)(ii) of such section, including— (A) addressing any misalignment between the contracting timelines, processes, and deadlines under title XVIII of such Act, with respect to such plans for such individuals and contracting timelines, processes, and deadlines under title XIX of such Act, with respect to such plans and individuals; and (B) streamlining the flow of information to dual eligible individuals and establishing a single set of rules for outreach and marketing to such individuals. . (b) Authority To waive certain requirements (1) In general Subject to paragraph (2), the Secretary of Health and Human Services, through the Federal Coordinated Health Care Office established under section 2602 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1315b ) and in coordination with the appropriate State Medicaid agency, may waive the application of requirements under title XVIII of the Social Security Act to promote the integration, alignment, and delivery of items and services under the Medicare program under title XVIII of such Act and the Medicaid program under title XIX of such Act, with respect to dual eligible individuals (as defined in section 2602(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1315b(f) ), and to ensure the seamless delivery of patient-centered services across the continuum of care with respect to such individuals. (2) Public notice requirement The Secretary may not waive the application of a requirement pursuant to paragraph (1) unless the Secretary makes such waiver publicly available (whether on the public Internet website of Department of Health and Human Services, or otherwise) at least 30 days before the effective date of such waiver. 5. Improvements to dispute resolution for claims and appeals under Medicare Advantage Dual Special Needs Plans (a) Medicare Advantage Dual Special Needs Plans required To provide coverage during appeals process Section 1859(f)(3) of the Social Security Act ( 42 U.S.C. 1395w–28(f)(3) ), as amended by section 2(b), is further amended by adding at the end the following new subparagraph: (G) For plan years beginning after December 31, 2015, coverage under this title and title XIX of an individual enrolled under such respective title shall continue during any determination, reconsideration, or appeals proceeding described in section 1852(g), with respect to such individual. . (b) Streamlined pathway for dispute resolution Not later than December 31, 2015, the Secretary of Health and Human Services shall establish a streamlined process for dispute resolution for claims and appeals, with respect items and services furnished to special needs individuals described in section 1859(b)(6)(B)(ii) of the Social Security Act (42 U.S.C. 1395w–28(b)(6)(B)(ii)), to align such process under the Medicare program under title XVIII of the Social Security Act with such process under the Medicaid program under title XIX of such Act. Such streamlined process shall take into account various State requirements and promote a pathway that would be the most beneficial for individuals entitled to benefits under part A of title XVIII of such Act or enrolled under part B of such Act and to individuals enrolled under a State plan under title XIX of such Act. 6. Report on implementation of certain Medicare and Medicaid fraud detection and program integrity provisions Section 1128J(a)(1)(A) of the Social Security Act (42 U.S.C. 1320a–7k(a)(1)(A)) is amended by adding at the end the following new clause: (iii) Report on integrated data repository and one program integrity system Not later than six months after the date of enactment of this clause, the Secretary shall submit to the appropriate Congressional committees a report on the following: (I) Integrated data repository Efforts to finalize plans and schedules for fully implementing and expanding the use of the Integrated Data Repository, including actions taken to finalize, implement, and manage plans for incorporating data into the Integrated Data Repository and actions taken to define measurable financial benefits expected from the implementation of the Integrated Data Repository. (II) One program integrity system Actions taken to plan, schedule, and conduct training on the One Program Integrity System, a Web-based portal and suite of software tools used to analyze and extract data from the Integrated Data Repository, and actions taken to define measurable financial benefits expected from the use of the One Program Integrity System. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4484ih/xml/BILLS-113hr4484ih.xml
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113-hr-4485
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I 113th CONGRESS 2d Session H. R. 4485 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Turner (for himself and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for additional enhancements to the sexual assault prevention and response activities of the Armed Forces.
1. Short title This Act may be cited as the Furthering Accountability and Individual Rights within the Military Act of 2014 or the Fair Military Act . 2. Appraisals of members of the Armed Forces regarding compliance with sexual assault prevention and response programs The Secretary of a military department shall each ensure that the written performance appraisals of each member of the Armed Forces (whether an officer or enlisted member) under the jurisdiction of that Secretary include an assessment of the extent to which the member supports the sexual assault prevention and response program of the Armed Force concerned. 3. Performance appraisals of commanding officers regarding command climate The Secretary of a military department shall each ensure that the performance appraisals of each commanding officer under the jurisdiction of that Secretary indicate the extent to which the commanding officer has or has not established a command climate in which— (1) allegations of sexual assault are properly managed and fairly evaluated; and (2) a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command. 4. Modification of Military Rules of Evidence relating to admissibility of general military character toward probability of innocence (a) Modification required Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be modified to clarify that, except as provided by subsection (b), the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused. (b) Exception Evidence of a trait of the military character of an accused may be offered in evidence by the accused when that trait is relevant to an element of an offense for which the accused has been charged. 5. Applicability of sexual assault prevention and response and related military justice enhancements to military service academies (a) Military service academies The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) and this Act apply to the United States Military Academy, the Naval Academy, and the Air Force Academy in the same manner and to the same extent as such title and this Act apply to an Armed Force under the jurisdiction of that Secretary. (b) Coast guard academy The Secretary of the Department in which the Coast Guard is operating shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ) and this Act apply to the Coast Guard Academy in the same manner and to the same extent as such title and this Act apply to the Coast Guard. 6. Judicial proceedings panel assessment of use of mental health records by defense during preliminary hearing and court-martial proceedings (a) Additional assessments The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758), known as the judicial proceedings panel , shall conduct assessments of— (1) the use of mental health records by the defense during preliminary hearing and court-martial proceedings; and (2) the use of these records in similar civilian proceedings to determine whether any significant discrepancies exist between the two legal systems. (b) Submission of results The judicial proceedings panel shall include the results of the assessments required by subsection (a) in the remaining reports required by subsection (c)(2)(B) of section 576 of the National Defense Authorization Act for Fiscal Year 2013. 7. Comptroller General report on Department of Defense actions regarding sexual assault prevention and response in the Armed Forces 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 Committees on Armed Services of the Senate and the House of Representatives a report describing the status of the implementation of the sexual assault provisions contained in the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–181), the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ), and the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ) and the sexual assault prevention initiatives announced in memoranda by the Secretary of Defense on May 6, 2013, and August 14, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4485ih/xml/BILLS-113hr4485ih.xml
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113-hr-4486
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IB 113th CONGRESS 2d Session H. R. 4486 IN THE HOUSE OF REPRESENTATIVES AN ACT Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2015, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2015, and for other purposes, namely: I Department of defense Military construction, army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and for construction and operation of facilities in support of the functions of the Commander in Chief, $526,427,000, to remain available until September 30, 2019: Provided , That of this amount, not to exceed $51,127,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of the Army determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, navy and marine corps For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $998,772,000, to remain available until September 30, 2019: Provided , That of this amount, not to exceed $33,366,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, air force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $719,551,000, to remain available until September 30, 2019: Provided , That of this amount, not to exceed $10,738,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Air Force determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That none of the funds provided under this heading for military construction in Europe as identified in the table entitled Military Construction in the accompanying report may be obligated or expended until the Department of Defense completes a European Consolidation Study. Military construction, defense- W ide (including transfer of funds) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $2,021,690,000 (reduced by $20,000,000) (increased by $20,000,000), to remain available until September 30, 2019: Provided , That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further , That of the amount appropriated, not to exceed $122,240,000 (increased by $20,000,000) shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That none of the funds provided under this heading for military construction in Europe as identified in the table entitled Military Construction in the accompanying report may be obligated or expended until the Department of Defense completes a European Consolidation Study: Provided further , That of the amount appropriated, notwithstanding any other provision of law, $37,918,000 shall be available for payments to the North Atlantic Treaty Organization for the planning, design, and construction of a new North Atlantic Treaty Organization headquarters. Military construction, army national guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $126,920,000, to remain available until September 30, 2019: Provided , That of the amount appropriated, not to exceed $17,600,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, air national guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $94,663,000, to remain available until September 30, 2019: Provided , That of the amount appropriated, not to exceed $7,700,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, army reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $103,946,000, to remain available until September 30, 2019: Provided , That of the amount appropriated, not to exceed $8,337,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, navy reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $51,528,000, to remain available until September 30, 2019: Provided , That of the amount appropriated, not to exceed $2,123,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, air force reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $49,492,000, to remain available until September 30, 2019: Provided , That of the amount appropriated, not to exceed $6,892,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. North atlantic treaty organization security investment program For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $199,700,000, to remain available until expended. Family housing construction, army For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $78,609,000, to remain available until September 30, 2019. Family housing operation and maintenance, army For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $350,976,000. Family housing construction, navy and marine corps For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $16,412,000, to remain available until September 30, 2019. Family housing operation and maintenance, navy and marine corps For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $354,029,000. Family housing operation and maintenance, air force For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $327,747,000. Family housing operation and maintenance, defense- W ide For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for operation and maintenance, leasing, and minor construction, as authorized by law, $61,100,000. Department of defense family housing improvement fund For the Department of Defense Family Housing Improvement Fund, $1,662,000, to remain available until expended, for family housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military family housing and supporting facilities. Chemical demilitarization construction, defense- W ide For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile 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 for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, as currently authorized by law, $38,715,000, to remain available until September 30, 2019, which shall be only for the Assembled Chemical Weapons Alternatives program. Department of defense base closure account For deposit into the Department of Defense Base Closure Account, established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note), as amended by section 2711 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ), $270,085,000, to remain available until expended. Administrative provisions 101. None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles. 103. Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. 104. None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest. 106. None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction. 107. None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress. 108. None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. 110. None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Sea, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. 112. None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries within the United States Central Command Area of Responsibility, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided , That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided further , That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor. 113. The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000. 114. Not more than 20 percent of the funds made available in this title which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year. 115. Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. 116. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. 117. Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. (including transfer of funds) 118. In addition to any other transfer authority available to the Department of Defense, proceeds deposited to the Department of Defense Base Closure Account established by section 207(a)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act ( 10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note), to be merged with, and to be available for the same purposes and the same time period as that account. (including transfer of funds) 119. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in Family Housing accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in Military Construction accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided , That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities. (including transfer of funds) 120. In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A) . Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred. 121. Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Provided , That not more than $15,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission: Provided further , That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year. 122. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. (including transfer of funds) 123. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation Foreign Currency Fluctuations, Construction, Defense , to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred. 124. (a) Except as provided in subsection (b), none of the funds made available in this Act may be used by the Secretary of the Army to relocate a unit in the Army that— (1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and (2) is located at a military installation at which the total number of civilian employees of the Department of the Army and Army contractor personnel employed exceeds 10 percent of the total number of members of the regular and reserve components of the Army assigned to the installation. (b) Exception Subsection (a) shall not apply if the Secretary of the Army certifies to the congressional defense committees that in proposing the relocation of the unit of the Army, the Secretary complied with Army Regulation 5–10 relating to the policy, procedures, and responsibilities for Army stationing actions. 125. Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, Chapter 7, of February 2009, as in effect on the date of enactment of this Act. 126. None of the funds made available in this title may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery. 127. For an additional amount for Military Construction, Navy and Marine Corps , Military Construction, Air Force , Military Construction, Army Reserve , and Military Construction, Navy Reserve , $125,000,000, to remain available until September 30, 2018: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out construction of projects, excluding in Europe, as authorized in division B of Public Law 113–66 : Provided further, That not later than 30 days after enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading. 128. For an additional amount for Military Construction, Army , Military Construction, Army National Guard , and Military Construction, Army Reserve , $245,000,000, to remain available until September 30, 2019: Provided , That notwithstanding any other provision of law, such funds may only be obligated to carry out construction of projects as authorized in division B of an Act authorizing appropriations for fiscal year 2015 for military activities of the Department of Defense (relating to Military Construction Authorizations): Provided further , That not later than 30 days after enactment of this Act, the Secretary of the Army shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading. (including rescission of funds) 129. Of the unobligated balances available for Military Construction, Army , from prior appropriations Acts (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), $79,577,000 are hereby rescinded. (including rescission of funds) 130. Of the unobligated balances available for NATO Security Investment Program , from prior appropriations Acts (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), $25,000,000 are hereby rescinded. (including rescission of funds) 131. Of the unobligated balances made available in prior appropriation Acts for the fund established in section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ) (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), $100,000,000 are hereby rescinded. 132. For the purposes of this Act, the term congressional defense committees means the Committees on Armed Services of the House of Representatives and the Senate, the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the Senate, and the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives. II Department of veterans affairs Veterans benefits administration Compensation and pensions (including transfer of funds) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers' retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $78,687,709,000, to remain available until expended: Provided , That not to exceed $15,430,000 of the amount appropriated under this heading shall be reimbursed to General Operating Expenses, Veterans Benefits Administration and Information Technology Systems for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, the funding source for which is specifically provided as the Compensation and Pensions appropriation: Provided further , That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to Medical Care Collections Fund to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. Readjustment benefits For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, $14,761,862,000, to remain available until expended: Provided , That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other than under paragraphs (1), (2), (5), and (11) of that subsection, shall be charged to this account. Veterans insurance and indemnities For military and naval insurance, national service life insurance, servicemen's indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by chapters 19 and 21, title 38, United States Code, $63,257,000, to remain available until expended. Veterans housing benefit program fund For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States Code: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That during fiscal year 2015, within the resources available, not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $160,881,000. Vocational rehabilitation loans program account For the cost of direct loans, $10,000, as authorized by chapter 31 of title 38, United States Code: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed $2,877,000. In addition, for administrative expenses necessary to carry out the direct loan program, $361,000, which may be paid to the appropriation for General Operating Expenses, Veterans Benefits Administration . Native american veteran housing loan program account For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United States Code, $1,130,000. Veterans health administration Medical services For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare employees hired under title 38, United States Code, aid to State homes as authorized by section 1741 of title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and medical services authorized by section 1787 of title 38, United States Code, $47,603,202,000, plus reimbursements, shall become available on October 1, 2015, and shall remain available until September 30, 2016: Provided , That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided further , That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6: Provided further , That notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further , That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of Veterans Affairs. Medical support and compliance For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act ( 42 U.S.C. 2651 et seq. ), $6,144,000,000, plus reimbursements, shall become available on October 1, 2015, and shall remain available until September 30, 2016. Medical facilities For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services, $4,915,000,000, plus reimbursements, shall become available on October 1, 2015, and shall remain available until September 30, 2016. Medical and prosthetic research For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 of title 38, United States Code, $588,922,000, plus reimbursements, shall remain available until September 30, 2016. National cemetery administration For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; hire of passenger motor vehicles; and repair, alteration or improvement of facilities under the jurisdiction of the National Cemetery Administration, $256,800,000, of which not to exceed $25,600,000 shall remain available until September 30, 2016. Departmental administration General administration (including transfer of funds) For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, $321,591,000 (reduced by $1,000,000) (reduced by $10,500,000), of which not to exceed $16,080,000 shall remain available until September 30, 2016: Provided , That funds provided under this heading may be transferred to General Operating Expenses, Veterans Benefits Administration . Board of veterans appeals For necessary operating expenses of the Board of Veterans Appeals, $94,294,000, of which not to exceed $9,429,000 shall remain available until September 30, 2016. General operating expenses, veterans benefits administration For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, $2,514,254,000 (increased by $10,000,000) (reduced by $5,000,000) (increased by $5,000,000): Provided , That expenses for services and assistance authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: Provided further , That of the funds made available under this heading, not to exceed $125,000,000 shall remain available until September 30, 2016. Information technology systems (including transfer of funds) For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, $3,870,552,000, plus reimbursements: Provided , That $1,039,000,000 shall be for pay and associated costs, of which not to exceed $31,170,000 shall remain available until September 30, 2016: Provided further , That $2,283,217,000 shall be for operations and maintenance, of which not to exceed $160,000,000 shall remain available until September 30, 2016: Provided further , That $548,335,000 shall be for information technology systems development, modernization, and enhancement, and shall remain available until September 30, 2016: Provided further , That amounts made available for information technology systems development, modernization, and enhancement may not be obligated or expended until the Secretary of Veterans Affairs or the Chief Information Officer of the Department of Veterans Affairs submits to the Committees on Appropriations of both Houses of Congress a certification of the amounts, in parts or in full, to be obligated and expended for each development project: Provided further , That amounts made available for salaries and expenses, operations and maintenance, and information technology systems development, modernization, and enhancement may be transferred among the three subaccounts after the Secretary of Veterans Affairs requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further , That amounts made available for the Information Technology Systems account for development, modernization, and enhancement may be transferred among projects or to newly defined projects: Provided further , That no project may be increased or decreased by more than $1,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and an approval is issued, or absent a response, a period of 30 days has elapsed: Provided further , That funds under this heading may be used by the Interagency Program Office through the Department of Veterans Affairs to develop a standard data reference terminology model: Provided further , That of the funds made available for information technology systems development, modernization, and enhancement for VistA Evolution, not more than 25 percent may be obligated or expended until the Secretary of Veterans Affairs submits to the Committees on Appropriations of both Houses of Congress, and such Committees approve, a report that describes: (1) the status of VistA Evolution project development and any corrective actions taken where the plan established in the VistA Evolution program plan (hereinafter referred to as the Plan ), VistA 4 product roadmap (Roadmap), or the VistA Evolution cost estimate, dated March 24, 2014 may have fallen short; (2) any changes to the scope of the VistA Evolution program as established in the Plan; (3) actual program costs incurred and any refinements to the cost estimate presented in the Plan based on actual costs incurred; (4) progress in meeting the schedule milestones that have been established in the Plan; (5) program performance relative to the performance measures that have been identified in the Plan and the Roadmap; (6) plans for testing the VistA system and test results; (7) VistA Evolution program risks and issues that have been identified and any agency responses to such risks and issues; (8) the effort to achieve interoperability between the electronic health record systems of the Department of Defense and the Department of Veterans Affairs, including the scope, cost, schedule, and performance benchmarks of the interoperable record; and (9) progress toward developing and implementing the interoperable electronic health record throughout the two Departments’ medical facilities: Provided further , That the funds made available under this heading for information technology systems development, modernization, and enhancement, shall be for the projects, and in the amounts, specified under this heading in the report accompanying this Act. Office of inspector general For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $121,411,000 (increased by $1,000,000), of which $10,000,000 shall remain available until September 30, 2016. Construction, major projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406, and chapter 81 of title 38, United States Code, not otherwise provided for, including planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is more than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or where funds for a project were made available in a previous major project appropriation, $561,800,000, of which $527,800,000 shall remain available until September 30, 2019, and of which $34,000,000 shall remain available until expended: Provided , That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including portfolio development and management activities, and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund, including needs assessments which may or may not lead to capital investments, and salaries and associated costs of the resident engineers who oversee those capital investments funded through this account, and funds provided for the purchase of land for the National Cemetery Administration through the land acquisition line item, none of the funds made available under this heading shall be used for any project which has not been approved by the Congress in the budgetary process: Provided further , That funds made available under this heading for fiscal year 2015, for each approved project shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2015; and (2) by the awarding of a construction contract by September 30, 2016: Provided further , That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations of both Houses of Congress a written report on any approved major construction project for which obligations are not incurred within the time limitations established above. Construction, minor projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406, and chapter 81 of title 38, United States Code, not otherwise provided for, where the estimated cost of a project is equal to or less than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, $495,200,000, to remain available until September 30, 2019, along with unobligated balances of previous Construction, Minor Projects appropriations which are hereby made available for any project where the estimated cost is equal to or less than the amount set forth in such section: Provided , That funds made available under this heading shall be for: (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Department which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes. Grants for construction of state extended care facilities For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code, $80,000,000, to remain available until expended. Grants for construction of veterans cemeteries For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized by section 2408 of title 38, United States Code, $45,000,000, to remain available until expended. Administrative provisions (including transfer of funds) 201. Any appropriation for fiscal year 2015 for Compensation and Pensions , Readjustment Benefits , and Veterans Insurance and Indemnities may be transferred as necessary to any other of the mentioned appropriations: Provided , That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. (including transfer of funds) 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2015, in this Act or any other Act, under the Medical Services , Medical Support and Compliance , and Medical Facilities accounts may be transferred among the accounts: Provided , That any transfers between the Medical Services and Medical Support and Compliance accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further , That any transfers between the Medical Services and Medical Support and Compliance accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further , That any transfers to or from the Medical Facilities account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. 203. Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code. 204. No appropriations in this title (except the appropriations for Construction, Major Projects and Construction, Minor Projects ) shall be available for the purchase of any site for or toward the construction of any new hospital or home. 205. No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. )), unless reimbursement of the cost of such hospitalization or examination is made to the Medical Services account at such rates as may be fixed by the Secretary of Veterans Affairs. 206. Appropriations available in this title for Compensation and Pensions , Readjustment Benefits , and Veterans Insurance and Indemnities shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2014. 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from Compensation and Pensions . (including transfer of funds) 208. Notwithstanding any other provision of law, during fiscal year 2015, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans' Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the General Operating Expenses, Veterans Benefits Administration and Information Technology Systems accounts for the cost of administration of the insurance programs financed through those accounts: Provided , That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2015 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: Provided further , That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: Provided further , That the Secretary shall determine the cost of administration for fiscal year 2015 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program. 209. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services, may be obligated during the fiscal year in which the proceeds are received. (including transfer of funds) 210. Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management of the Department of Veterans Affairs and the Office of Employment Discrimination Complaint Adjudication under section 319 of title 38, United States Code, for all services provided at rates which will recover actual costs but not to exceed $42,904,000 for the Office of Resolution Management and $3,400,000 for the Office of Employment Discrimination Complaint Adjudication: Provided , That payments may be made in advance for services to be furnished based on estimated costs: Provided further , That amounts received shall be credited to the General Administration and Information Technology Systems accounts for use by the office that provided the service. 211. No appropriations in this title shall be available to enter into any new lease of real property if the estimated annual rental cost is more than $1,000,000, unless the Secretary submits a report which the Committees on Appropriations of both Houses of Congress approve within 30 days following the date on which the report is received. 212. No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided , That the Secretary may recover, in the same manner as any other debt due the United States, the reasonable charges for such care or services from any person who does not make such disclosure as required: Provided further , That any amounts so recovered for care or services provided in a prior fiscal year may be obligated by the Secretary during the fiscal year in which amounts are received. (including transfer of funds) 213. Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the Construction, Major Projects and Construction, Minor Projects accounts and be used for construction (including site acquisition and disposition), alterations, and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in Construction, Major Projects and Construction, Minor Projects . 214. Amounts made available under Medical Services are available— (1) for furnishing recreational facilities, supplies, and equipment; and (2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department. (including transfer of funds) 215. Such sums as may be deposited to the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, may be transferred to Medical Services , to remain available until expended for the purposes of that account. 216. The Secretary of Veterans Affairs may enter into agreements with Indian tribes and tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, and Indian tribes and tribal organizations serving rural Alaska which have entered into contracts with the Indian Health Service under the Indian Self Determination and Educational Assistance Act, to provide healthcare, including behavioral health and dental care. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term rural Alaska shall mean those lands sited within the external boundaries of the Alaska Native regions specified in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims Settlement Act, as amended ( 43 U.S.C. 1606 ), and those lands within the Alaska Native regions specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement Act, as amended ( 43 U.S.C. 1606 ), which are not within the boundaries of the municipality of Anchorage, the Fairbanks North Star Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough. (including transfer of funds) 217. Such sums as may be deposited to the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the Construction, Major Projects and Construction, Minor Projects accounts, to remain available until expended for the purposes of these accounts. 218. None of the funds made available in this title may be used to implement any policy prohibiting the Directors of the Veterans Integrated Services Networks from conducting outreach or marketing to enroll new veterans within their respective Networks. 219. The Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the financial status of the Veterans Health Administration. (including transfer of funds) 220. Amounts made available under the Medical Services , Medical Support and Compliance , Medical Facilities , General Operating Expenses, Veterans Benefits Administration , General Administration , and National Cemetery Administration accounts for fiscal year 2015 may be transferred to or from the Information Technology Systems account: Provided , That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. 221. Of the amounts made available to the Department of Veterans Affairs for fiscal year 2015, in this Act or any other Act, under the Medical Facilities account for nonrecurring maintenance, not more than 20 percent of the funds made available shall be obligated during the last 2 months of that fiscal year: Provided , That the Secretary may waive this requirement after providing written notice to the Committees on Appropriations of both Houses of Congress. (including transfer of funds) 222. Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2015 for Medical Services , Medical Support and Compliance , Medical Facilities , Construction, Minor Projects , and Information Technology Systems , up to $252,366,000, plus reimbursements, may be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 3571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500): Provided , That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. (including transfer of funds) 223. Such sums as may be deposited to the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 3571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500). (including transfer of funds) 224. Of the amounts available in this title for Medical Services , Medical Support and Compliance , and Medical Facilities , a minimum of $15,000,000 shall be transferred to the DOD–VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code. (including rescissions of funds) 225. (a) Of the funds appropriated in title II of division J of Public Law 113–76 , the following amounts which become available on October 1, 2014, are hereby rescinded from the following accounts in the amounts specified: (1) Department of Veterans Affairs, Medical Services , $1,400,000,000. (2) Department of Veterans Affairs, Medical Support and Compliance , $100,000,000. (3) Department of Veterans Affairs, Medical Facilities , $250,000,000. (b) In addition to amounts provided elsewhere in this Act, an additional amount is appropriated to the following accounts in the amounts specified to remain available until September 30, 2016: (1) Department of Veterans Affairs, Medical Services , $1,400,000,000. (2) Department of Veterans Affairs, Medical Support and Compliance , $100,000,000. (3) Department of Veterans Affairs, Medical Facilities , $250,000,000. 226. The Secretary of the Department of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in major construction projects that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided , That such notification shall occur within 14 days of a contract identifying the programmed amount: Provided further , That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings. 227. The scope of work for a project included in Construction, Major Projects may not be increased above the scope specified for that project in the original justification data provided to the Congress as part of the request for appropriations. 228. The Secretary of the Department of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $2,000,000. 229. The Secretary shall submit to the Committees on Appropriations of both Houses of Congress a reprogramming request if at any point during fiscal year 2015, the funding allocated for a medical care initiative identified in the fiscal year 2015 expenditure plan is adjusted by more than $25,000,000 from the allocation shown in the corresponding congressional budget justification. Such a reprogramming request may go forward only if the Committees on Appropriations of both Houses of Congress approve the request or if a period of 14 days has elapsed. 230. Of the funds provided to the Department of Veterans Affairs for fiscal year 2015 for Medical Services and Medical Support and Compliance , a maximum of $8,371,000 may be obligated from the Medical Services account and a maximum of $114,703,000 may be obligated from the Medical Support and Compliance account for the VistA Evolution and electronic health record interoperability projects: Provided , That funds in addition to these amounts may be obligated for the VistA Evolution and electronic health record interoperability projects upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. 231. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses of Congress 15 days prior to organizational changes which result in the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another. 232. None of the funds made available by this Act may be used to award a contract 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. (including rescission of funds) 233. Of the unobligated balances available to the Department of Veterans Affairs from prior year discretionary appropriations (other than appropriations designated by law as being for an emergency requirement) $38,000,000 are hereby rescinded. III Related agencies American battle monuments commission Salaries and expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one-for-one replacement basis only) and hire of passenger motor vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $75,000,000, to remain available until expended. Foreign currency fluctuations account For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. United states court of appeals for veterans claims Salaries and expenses For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title 38, United States Code, $31,386,000: Provided , That $2,500,000 shall be available for the purpose of providing financial assistance as described, and in accordance with the process and reporting procedures set forth, under this heading in Public Law 102–229 . Department of defense—Civil Cemeterial expenses, Army Salaries and expenses For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only, and not to exceed $1,000 for official reception and representation expenses, $61,881,000, of which not to exceed $7,000,000 shall remain available until September 30, 2016. In addition, such sums as may be necessary for parking maintenance, repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies account. Armed forces retirement home Trust fund For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $63,400,000, of which $1,000,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi. Administrative Provision 301. Funds appropriated in this Act under the heading Department of Defense—Civil, Cemeterial Expenses, Army , may be provided to Arlington County, Virginia, for the relocation of the federally owned water main at Arlington National Cemetery, making additional land available for ground burials. IV General provisions 401. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 402. None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. 403. No part of any funds appropriated in this Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before Congress, except in presentation to Congress itself. 404. All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of E-Commerce technologies and procedures in the conduct of their business practices and public service activities. 405. Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. 406. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act. 407. None of the funds made available in this Act may be used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the United States House of Representatives. 408. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains confidential or proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 409. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 410. None of the funds made available in this Act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 411. (a) In General None of the funds appropriated or otherwise made available to the Department of Defense in this Act may be used to construct, renovate, or expand any facility in the United States, its territories, or possessions to house any individual detained at United States Naval Station, Guantánamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantánamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantánamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba. 412. None of the funds made available in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989. 413. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 414. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 415. None of the funds made available by this Act may be used by the Department of Defense or the Department of Veterans Affairs to lease or purchase new light duty vehicles for any executive fleet, or for an agency's fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011. spending reduction account 416. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. 417. None of the funds made available by this Act may be used by the Secretary of Veterans Affairs to pay a performance award under section 5384 of title 5, United States Code. 418. None of the funds made available by this Act may be used to maintain or improve Department of Defense real property with a zero percent utilization rate according to the Department’s real property inventory database, except in the case of maintenance of an historic property as required by the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ) or in the case of maintenance to prevent a negative environmental impact as required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 419. None of the funds made available by this Act may be used by the Secretary of Defense to close a commissary store. 420. None of the funds made available by this Act may be used to propose, plan for, or execute a new or additional Base Realignment and Closure (BRAC) round. 421. None of the funds made available by this Act may be used to create or maintain any patient record-keeping system other than those currently approved by the Department of Veterans Affairs Central Office in Washington, D.C. 422. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals— (1) within a 3-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 above in paragraph (1); or (3) within a 3-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. 423. The amounts otherwise provided by this Act are revised by reducing the amount made available for Department of Veterans Affairs—Departmental Administration—General Administration , and increasing the amount made available for Department of Veterans Affairs Departmental Administration—Information Technology Systems , by $3,215,910. 424. None of the funds made available by this Act for benefits for homeless veterans and training and outreach programs may be used by the Secretary of Veterans Affairs in contravention of subchapter III of chapter 20 of title 38, United States Code. 425. None of the funds made available by this Act may be used for a contract that includes first-class travel by the contractor. 426. None of the funds made available by this Act may be used for the closure or abandonment of any facility located at Lajes Field, Azores, Portugal. 427. None of the funds made available by this Act may be used by the Secretary of Veterans Affairs to implement sole source contracting at the national level for the selection of devices and test strips for the self-monitoring of blood glucose. 428. None of the funds made available by this Act may be used to prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to a health care facility of the Department of Veterans Affairs that is— (1) designated as a National Historic Landmark by the National Park Service; and (2) located in a highly rural area. This Act may be cited as the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2015 .
Passed the House of Representatives April 30, 2014. Karen L. Haas, Clerk.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4486eh/xml/BILLS-113hr4486eh.xml
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113-hr-4487
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IB Union Calendar No. 307 113th CONGRESS 2d Session H. R. 4487 [Report No. 113–417] IN THE HOUSE OF REPRESENTATIVES April 17, 2014 Mr. Cole, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2015, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending September 30, 2015, and for other purposes, namely: I LEGISLATIVE BRANCH House of Representatives Salaries and Expenses For salaries and expenses of the House of Representatives, $1,180,736,000, as follows: House Leadership Offices For salaries and expenses, as authorized by law, $22,278,891, including: Office of the Speaker, $6,645,417, including $25,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $2,180,048, including $10,000 for official expenses of the Majority Leader; Office of the Minority Floor Leader, $7,114,471, including $10,000 for official expenses of the Minority Leader; Office of the Majority Whip, including the Chief Deputy Majority Whip, $1,886,632, including $5,000 for official expenses of the Majority Whip; Office of the Minority Whip, including the Chief Deputy Minority Whip, $1,459,639, including $5,000 for official expenses of the Minority Whip; Republican Conference, $1,505,426; Democratic Caucus, $1,487,258: Provided , That such amount for salaries and expenses shall remain available from January 3, 2015 until January 2, 2016. Members’ Representational Allowances Including Members’ Clerk Hire, Official Expenses of Members, and Official Mail For Members' representational allowances, including Members' clerk hire, official expenses, and official mail, $554,317,732. Committee Employees Standing Committees, Special and Select For salaries and expenses of standing committees, special and select, authorized by House resolutions, $123,903,173: Provided , That such amount shall remain available for such salaries and expenses until December 31, 2016, except that $2,300,000 of such amount shall remain available until expended for committee room upgrading. Committee on Appropriations For salaries and expenses of the Committee on Appropriations, $23,271,004, including studies and examinations of executive agencies and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act of 1946 and to be available for reimbursement to agencies for services performed: Provided , That such amount shall remain available for such salaries and expenses until December 31, 2016. Salaries, Officers and Employees For compensation and expenses of officers and employees, as authorized by law, $171,344,864, including: for salaries and expenses of the Office of the Clerk, including the positions of the Chaplain and the Historian, and including not more than $25,000 for official representative and reception expenses, of which not more than $20,000 is for the Family Room and not more than $2,000 is for the Office of the Chaplain, $24,009,473; for salaries and expenses of the Office of the Sergeant at Arms, including the position of Superintendent of Garages and the Office of Emergency Management, and including not more than $3,000 for official representation and reception expenses, $11,926,729 of which $4,344,000 shall remain available until expended; for salaries and expenses of the Office of the Chief Administrative Officer including not more than $3,000 for official representation and reception expenses, $113,100,000, of which $4,000,000 shall remain available until expended; for salaries and expenses of the Office of the Inspector General, $4,741,809; for salaries and expenses of the Office of General Counsel, $1,340,987; for salaries and expenses of the Office of the Parliamentarian, including the Parliamentarian, $2,000 for preparing the Digest of Rules, and not more than $1,000 for official representation and reception expenses, $1,952,249; for salaries and expenses of the Office of the Law Revision Counsel of the House, $4,087,587, of which $1,000,000 shall remain available until expended for the completion of the House Modernization Initiative; for salaries and expenses of the Office of the Legislative Counsel of the House, $8,892,975, of which $540,000 shall remain available until expended for the completion of the House Modernization Initiative; for salaries and expenses of the Office of Interparliamentary Affairs, $814,069; for other authorized employees, $478,986. Allowances and Expenses For allowances and expenses as authorized by House resolution or law, $285,620,336, including: supplies, materials, administrative costs and Federal tort claims, $4,152,789; official mail for committees, leadership offices, and administrative offices of the House, $190,486; Government contributions for health, retirement, Social Security, and other applicable employee benefits, $256,635,776, to remain available until March 31, 2016; Business Continuity and Disaster Recovery, $16,217,008 of which $5,000,000 shall remain available until expended; transition activities for new members and staff, $3,737,000, to remain available until expended; Wounded Warrior Program $2,500,000, to remain available until expended; Office of Congressional Ethics, $1,467,030; and miscellaneous items including purchase, exchange, maintenance, repair and operation of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, $720,247. Administrative Provisions 101. (a) Requiring Amounts Remaining in Members' Representational Allowances To Be Used for Deficit Reduction or To Reduce the Federal Debt Notwithstanding any other provision of law, any amounts appropriated under this Act for HOUSE OF REPRESENTATIVES—Salaries and Expenses—Members’ Representational Allowances shall be available only for fiscal year 2015. Any amount remaining after all payments are made under such allowances for fiscal year 2015 shall be deposited in the Treasury and used for deficit reduction (or, if there is no Federal budget deficit after all such payments have been made, for reducing the Federal debt, in such manner as the Secretary of the Treasury considers appropriate). (b) Regulations The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this section. (c) Definition As used in this section, the term Member of the House of Representatives means a Representative in, or a Delegate or Resident Commissioner to, the Congress. delivery of bills and resolutions 102. None of the funds made available in this Act may be used to deliver a printed copy of a bill, joint resolution, or resolution to the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) unless the Member requests a copy. delivery of congressional record 103. None of the funds made available by this Act may be used to deliver a printed copy of any version of the Congressional Record to the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress). limitation on amount available to lease vehicles 104. None of the funds made available in this Act may be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members' Representational Allowance for the leasing of a vehicle, excluding mobile district offices, in an aggregate amount that exceeds $1,000 for the vehicle in any month. limitation on printed copies of u.s. code to house 105. None of the funds made available by this Act may be used to provide an aggregate number of more than 50 printed copies of any edition of the United States Code to all offices of the House of Representatives. JOINT ITEMS For Joint Committees, as follows: Joint Economic Committee For salaries and expenses of the Joint Economic Committee, $4,203,000, to be disbursed by the Secretary of the Senate. Joint Committee on Taxation For salaries and expenses of the Joint Committee on Taxation, $10,004,000, to be disbursed by the Chief Administrative Officer of the House of Representatives. For other joint items, as follows: Office of the Attending Physician For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including: (1) an allowance of $2,175 per month to the Attending Physician; (2) an allowance of $1,300 per month to the Senior Medical Officer; (3) an allowance of $725 per month each to three medical officers while on duty in the Office of the Attending Physician; (4) an allowance of $725 per month to 2 assistants and $580 per month each not to exceed 11 assistants on the basis heretofore provided for such assistants; and (5) $2,486,000 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $3,371,000, to be disbursed by the Chief Administrative Officer of the House of Representatives. Office of Congressional Accessibility Services Salaries and Expenses For salaries and expenses of the Office of Congressional Accessibility Services, $1,387,000, to be disbursed by the Secretary of the Senate. CAPITOL POLICE salaries For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health, retirement, social security, professional liability insurance, and other applicable employee benefits, $286,500,000 of which overtime shall not exceed $23,425,000 unless the Committee on Appropriations of the House and Senate are notified, to be disbursed by the Chief of the Capitol Police or his designee. general expenses For necessary expenses of the Capitol Police, including motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, stenographic services, personal and professional services, the employee assistance program, the awards program, postage, communication services, travel advances, relocation of instructor and liaison personnel for the Federal Law Enforcement Training Center, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, $61,459,000, to be disbursed by the Chief of the Capitol Police or his designee: Provided , That, notwithstanding any other provision of law, the cost of basic training for the Capitol Police at the Federal Law Enforcement Training Center for fiscal year 2015 shall be paid by the Secretary of Homeland Security from funds available to the Department of Homeland Security. OFFICE OF COMPLIANCE Salaries and Expenses For salaries and expenses of the Office of Compliance, as authorized by section 305 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1385 ), $3,959,000, of which $450,000 shall remain available until September 30, 2016: Provided , That not more than $500 may be expended on the certification of the Executive Director of the Office of Compliance in connection with official representation and reception expenses. CONGRESSIONAL BUDGET OFFICE Salaries and Expenses For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional Budget Office in connection with official representation and reception expenses, $45,700,000. ARCHITECT OF THE CAPITOL General Administration For salaries for the Architect of the Capitol, and other personal services, at rates of pay provided by law; for surveys and studies in connection with activities under the care of the Architect of the Capitol; for all necessary expenses for the general and administrative support of the operations under the Architect of the Capitol including the Botanic Garden; electrical substations of the Capitol, Senate and House office buildings, and other facilities under the jurisdiction of the Architect of the Capitol; including furnishings and office equipment; including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may approve; for purchase or exchange, maintenance, and operation of a passenger motor vehicle, $91,555,000. Capitol Building For all necessary expenses for the maintenance, care and operation of the Capitol, $53,126,000, of which $28,817,000 shall remain available until September 30, 2019. Capitol Grounds For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House office buildings, and the Capitol Power Plant, $11,993,000, of which $2,000,000 shall remain available until September 30, 2019. House Office Buildings For all necessary expenses for the maintenance, care and operation of the House office buildings, $71,622,000, of which $7,000,000 shall remain available until September 30, 2019. In addition, for a payment to the House Historic Buildings Revitalization Trust Fund, $70,000,000, to remain available until expended. Capitol Power Plant For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including the purchase of electrical energy) and water and sewer services for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, Senate garage, and air conditioning refrigeration not supplied from plants in any of such buildings; heating the Government Printing Office and Washington City Post Office, and heating and chilled water for air conditioning for the Supreme Court Building, the Union Station complex, the Thurgood Marshall Federal Judiciary Building and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation, $93,152,000, of which $8,686,000 shall remain available until September 30, 2019: Provided , That not more than $9,000,000 of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year 2015. Library Buildings and Grounds For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $41,733,000, of which $16,542,000 shall remain available until September 30, 2019. Capitol Police Buildings, Grounds, and Security For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United States Capitol Police, wherever located, the Alternate Computer Facility, and AOC security operations, $19,486,000, of which $1,000,000 shall remain available until September 30, 2019. Botanic Garden For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; and purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $15,022,946, of which $5,122,946 shall remain available until September 30, 2019: Provided , That of the amount made available under this heading, the Architect of the Capitol may obligate and expend such sums as may be necessary for the maintenance, care and operation of the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 ( 2 U.S.C. 2146 ), upon vouchers approved by the Architect of the Capitol or a duly authorized designee. Capitol Visitor Center For all necessary expenses for the operation of the Capitol Visitor Center, $20,875,000. Administrative Provision scrims 1001. None of the funds made available by this Act may be used for scrims containing photographs of building facades during restoration or construction projects performed by the Architect of the Capitol. LIBRARY OF CONGRESS Salaries and Expenses For necessary expenses of the Library of Congress not otherwise provided for, including development and maintenance of the Library's catalogs; custody and custodial care of the Library buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; activities under the Civil Rights History Project Act of 2009; preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $424,057,000, of which not more than $6,000,000 shall be derived from collections credited to this appropriation during fiscal year 2015, and shall remain available until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than $350,000 shall be derived from collections during fiscal year 2015 and shall remain available until expended for the development and maintenance of an international legal information database and activities related thereto: Provided , That the Library of Congress may not obligate or expend any funds derived from collections under the Act of June 28, 1902, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further , That the total amount available for obligation shall be reduced by the amount by which collections are less than $6,350,000: Provided further , That of the total amount appropriated, not more than $12,000 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for the Overseas Field Offices: Provided further , That of the total amount appropriated, $8,231,000 shall remain available until expended for the digital collections and educational curricula program. Copyright Office salaries and expenses For all necessary expenses of the Copyright Office, $54,303,000, of which not more than $27,971,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2015 under section 708(d) of title 17, United States Code: Provided , That the Copyright Office may not obligate or expend any funds derived from collections under such section, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further , That not more than $5,611,000 shall be derived from collections during fiscal year 2015 under sections 111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such title: Provided further , That the total amount available for obligation shall be reduced by the amount by which collections are less than $33,582,000: Provided further , That not more than $100,000 of the amount appropriated is available for the maintenance of an International Copyright Institute in the Copyright Office of the Library of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies: Provided further , That not more than $6,500 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for activities of the International Copyright Institute and for copyright delegations, visitors, and seminars: Provided further , That notwithstanding any provision of chapter 8 of title 17, United States Code, any amounts made available under this heading which are attributable to royalty fees and payments received by the Copyright Office pursuant to sections 111, 119, and chapter 10 of such title may be used for the costs incurred in the administration of the Copyright Royalty Judges program, with the exception of the costs of salaries and benefits for the Copyright Royalty Judges and staff under section 802(e). Congressional Research Service salaries and expenses For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 166 ) and to revise and extend the Annotated Constitution of the United States of America, $106,095,000: Provided , That no part of such amount may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate. Books for the Blind and Physically Handicapped salaries and expenses For salaries and expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,429,000: Provided , That of the total amount appropriated, $650,000 shall be available to contract to provide newspapers to blind and physically handicapped residents at no cost to the individual. Administrative Provision reimbursable and revolving fund activities 1101. (a) In General For fiscal year 2015, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed $203,058,000. (b) Activities The activities referred to in subsection (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the legislative branch. GOVERNMENT PRINTING OFFICE Congressional Printing and Binding (including transfer of funds) For authorized printing and binding for the Congress and the distribution of Congressional information in any format; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law ( section 902 of title 44, United States Code); printing and binding of Government publications authorized by law to be distributed to Members of Congress; and printing, binding, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $79,736,000: Provided , That this appropriation shall not be available for paper copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates authorized under section 906 of title 44, United States Code: Provided further , That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years: Provided further , That notwithstanding the 2-year limitation under section 718 of title 44, United States Code, none of the funds appropriated or made available under this Act or any other Act for printing and binding and related services provided to Congress under chapter 7 of title 44, United States Code, may be expended to print a document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is authorized by Congress to be printed, unless Congress reauthorizes such printing in accordance with section 718 of title 44, United States Code: Provided further , That any unobligated or unexpended balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Printing Office revolving fund for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations of the House of Representatives and Senate: Provided further , That notwithstanding sections 901, 902, and 906 of title 44, United States Code, this appropriation may be used to prepare indexes to the Congressional Record on only a monthly and session basis. Office of Superintendent of Documents salaries and expenses (including transfer of funds) For expenses of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries as authorized by law, $31,500,000: Provided , That amounts of not more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and other related publications for fiscal years 2013 and 2014 to depository and other designated libraries: Provided further , That any unobligated or unexpended balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Printing Office revolving fund for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations of the House of Representatives and Senate. Government Printing Office Revolving Fund For payment to the Government Printing Office Revolving Fund, $11,348,000, to remain available until expended, for information technology development and facilities repair: Provided , That the Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the Government Printing Office Revolving Fund: Provided further , That not more than $7,500 may be expended on the certification of the Public Printer in connection with official representation and reception expenses: Provided further , That the revolving fund shall be available for the hire or purchase of not more than 12 passenger motor vehicles: Provided further , That expenditures in connection with travel expenses of the advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code: Provided further , That the revolving fund shall be available for temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of such title: Provided further , That activities financed through the revolving fund may provide information in any format: Provided further , That the revolving fund and the funds provided under the headings Office of Superintendent of Documents and Salaries and Expenses may not be used for contracted security services at the Government Printing Office's passport facility in the District of Columbia. GOVERNMENT ACCOUNTABILITY OFFICE Salaries and Expenses For necessary expenses of the Government Accountability Office, including not more than $12,500 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States Code; benefits comparable to those payable under sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries, $519,622,000: Provided , That, in addition, $23,750,000 of payments received under sections 782, 3521, and 9105 of title 31, United States Code, shall be available without fiscal year limitation: Provided further , That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of either Forum's costs as determined by the respective Forum, including necessary travel expenses of non-Federal participants: Provided further , That payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially financed. Administrative Provision 1201. Center for Audit Excellence (a) Center for Audit Excellence (1) Establishment Chapter 7 of title 31, United States Code, is amended by adding at the end the following new subchapter: VII Center for Audit Excellence 791. Center for audit excellence (a) Establishment The Comptroller General shall establish, maintain, and operate a center within the Government Accountability Office to be known as the Center for Audit Excellence (hereafter in this subchapter referred to as the Center ). (b) Purpose and Activities (1) In general The Center shall build institutional auditing capacity and promote good governance by providing affordable, relevant, and high-quality training, technical assistance, and products and services to qualified personnel and entities of governments (including the Federal government, State and local governments, tribal governments, and governments of foreign nations), international organizations, and other private organizations. (2) Determination of qualified personnel and entities Personnel and entities shall be considered qualified for purposes of receiving training, technical assistance, and products or services from the Center under paragraph (1) in accordance with such criteria as the Comptroller General may establish and publish. (c) Fees (1) Permitting charging of fees The Comptroller General may establish, charge, and collect fees (on a reimbursable or advance basis) for the training, technical assistance, and products and services provided by the Center under this subchapter. (2) Deposit into separate account The Comptroller General shall deposit all fees collected under paragraph (1) into the Center for Audit Excellence Account established under section 792. (d) Gifts of Property and Services The Comptroller General may accept and use conditional or non-conditional gifts of property (both real and personal) and services (including services of guest lecturers) to support the operation of the Center, except that the Comptroller General may not accept or use such a gift if the Comptroller General determines that the acceptance or use of the gift would compromise or appear to compromise the integrity of the Government Accountability Office. (e) Sense of Congress Regarding Personnel It is the sense of Congress that the Center should be staffed primarily by personnel of the Government Accountability Office who are not otherwise engaged in carrying out other duties of the Office under this chapter, so as to ensure that the operation of the Center will not have a negative impact on the ability of the Office to maintain a consistently high level of service to Congress. 792. Account (a) Establishment of Separate Account There is established in the Treasury as a separate account for the Government Accountability Office the Center for Audit Excellence Account , which shall consist of the fees deposited by the Comptroller General under section 791(c) and such other amounts as may be appropriated under law. (b) Use of Account Amounts in the Center for Audit Excellence Account shall be available to the Comptroller General, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out this subchapter. 793. Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. . (2) Clerical amendment The table of sections for chapter 7 of title 31, United States Code, is amended by adding at the end the following: Subchapter VII—Center for Audit Excellence 791. Center for Audit Excellence. 792. Account. 793. Authorization of appropriations. . (b) Approval of Business Plan The Comptroller General may not begin operating the Center for Audit Excellence under subchapter VII of chapter 7 of title 31, United States Code (as added by subsection (a)) until— (1) the Comptroller General submits a business plan for the Center to the Committees on Appropriations of the House of Representatives and Senate; and (2) each such Committee approves the plan. OPEN WORLD LEADERSHIP CENTER TRUST FUND For a payment to the Open World Leadership Center Trust Fund for financing activities of the Open World Leadership Center under section 313 of the Legislative Branch Appropriations Act, 2001 ( 2 U.S.C. 1151 ), $3,420,000. JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT For payment to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act ( 2 U.S.C. 1105 ), $430,000. II GENERAL PROVISIONS 201. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration. 202. No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2015 unless expressly so provided in this Act. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation in this Act shall be the permanent law with respect thereto: Provided , That the provisions in this Act for the various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire for Senators and Members of the House of Representatives shall be the permanent law with respect thereto. 204. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued under existing law. 205. Amounts available for administrative expenses of any legislative branch entity which participates in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except that the total LBFMC costs to be shared among all participating legislative branch entities (in such allocations among the entities as the entities may determine) may not exceed $2,000. 206. The Architect of the Capitol, in consultation with the District of Columbia, is authorized to maintain and improve the landscape features, excluding streets, in the irregular shaped grassy areas bounded by Washington Avenue, SW on the northeast, Second Street, SW on the west, Square 582 on the south, and the beginning of the I–395 tunnel on the southeast. 207. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. 208. (a) Except as provided in subsection (b), none of the funds made available to the Architect of the Capitol in this Act may be used to eliminate or restrict guided tours of the United States Capitol which are led by employees and interns of offices of Members of Congress and other offices of the House of Representatives and Senate. (b) At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of the Capitol. 209. Notwithstanding any other provision of law, no adjustment shall be made under section 610(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) (relating to cost of living adjustments for Members of Congress) during fiscal year 2015. 210. Spending Reduction Account The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974, excluding Senate items, exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Legislative Branch Appropriations Act, 2015 .
April 17, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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113-hr-4488
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II 113th CONGRESS 2d Session H. R. 4488 IN THE SENATE OF THE UNITED STATES April 30, 2014 Received AN ACT To make technical corrections to two bills enabling the presentation of congressional gold medals, and for other purposes.
1. Short title This Act may be cited as the Gold Medal Technical Corrections Act of 2014 . 2. Technical corrections to an Act that authorizes presentation of a congressional gold medal to Dr. Martin Luther King, Jr., and Coretta Scott King Section 2 of Public Law 108–368 is amended— (1) in subsection (a)— (A) by striking all before to present and inserting the following: (a) Presentation authorized.— The Speaker of the House of Representatives and the President pro tempore of the Senate are authorized ; and (B) by striking (posthumously) ; and (2) by adding at the end the following: (c) Smithsonian Institution (1) In general Following the award of the gold medal in honor of Dr. Martin Luther King, Jr., and Coretta Scott King under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution shall make the gold medal received under paragraph (1) available for display, particularly at the National Museum of African American History and Culture, or for loan as appropriate so that it may be displayed elsewhere, particularly at other appropriate locations associated with the lives of Dr. Martin Luther King, Jr., and Coretta Scott King. . 3. Technical corrections to an Act that authorizes presentation of a congressional gold medal collectively to the Montford Point Marines, United States Marine Corps Section 2 of Public Law 112–59 is amended by adding at the end the following: (c) Smithsonian Institution (1) In general Following the award of the gold medal in honor of the Montford Point Marines, United States Marine Corps under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution shall make the gold medal received under paragraph (1) available for display, particularly at the National Museum of African American History and Culture, or for loan as appropriate so that it may be displayed elsewhere, particularly at other appropriate locations associated with the Montford Point Marines. .
Passed the House of Representatives April 29, 2014. Karen L. Haas, Clerk.
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113-hr-4489
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I 113th CONGRESS 2d Session H. R. 4489 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Cleaver (for himself, Mr. Poe of Texas , Ms. Norton , Mr. Graves of Missouri , Mr. Yoder , Mr. Wittman , Mr. Rush , Ms. Moore , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on 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 designate memorials to the service of members of the United States Armed Forces in World War I, and for other purposes.
1. Short title This Act may be cited as the World War I Memorial Act of 2014 . 2. Designation of National World War I Museum and Memorial in Kansas City, Missouri (a) Designation The Liberty Memorial of Kansas City at America’s National World War I Museum in Kansas City, Missouri, is hereby designated as the National World War I Museum and Memorial . (b) Ceremonies The World War I Centennial Commission (in this Act referred to as the Commission ) may plan, develop, and execute ceremonies to recognize the designation of the Liberty Memorial of Kansas City as the National World War I Museum and Memorial. 3. Redesignation of Pershing Park in the District of Columbia as the National World War I Memorial and enhancement of commemorative work (a) Redesignation Pershing Park in the District of Columbia is hereby redesignated as the National World War I Memorial . (b) Ceremonies The Commission may plan, develop, and execute ceremonies for the rededication of Pershing Park, as it approaches its 50th anniversary, as the National World War I Memorial and for the enhancement of the General Pershing Commemorative Work as authorized by subsection (c). (c) Authority To enhance commemorative work (1) In General The Commission may enhance the General Pershing Commemorative Work by constructing on the land designated by subsection (a) as the National World War I Memorial appropriate sculptural and other commemorative elements, including landscaping, to further honor the service of members of the United States Armed Forces in World War I. (2) General Pershing Commemorative Work defined The term General Pershing Commemorative Work means the memorial to the late John J. Pershing, General of the Armies of the United States, who commanded the American Expeditionary Forces in World War I, and to the officers and men under his command, as authorized by Public Law 89–786 (80 Stat. 1377). (d) Compliance with standards for commemorative works (1) In general Except as provided in paragraph (2), chapter 89 of title 40, United States Code, applies to the enhancement of the General Pershing Commemorative Work under subsection (c). (2) Waiver of certain requirements (A) Site selection for memorial Section 8905 of such title does not apply with respect to the selection of the site for the National World War I Memorial. (B) Certain conditions Section 8908(b) of such title does not apply to this section. (e) No infringement upon existing memorial The National World War I Memorial may not interfere with or encroach on the District of Columbia War Memorial. (f) Deposit of excess funds (1) Use for other World War I commemorative activities If, upon payment of all expenses for the enhancement of the General Pershing Commemorative Work under subsection (c) (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for such purpose, the Commission may use the amount of the balance for other commemorative activities authorized under the World War I Centennial Commission Act (Public Law 112–272; 126 Stat. 2448). (2) Use for other commemorative works If the authority for enhancement of the General Pershing Commemorative Work and the authority of the Commission to plan and conduct commemorative activities under the World War I Centennial Commission Act have expired and there remains a balance of funds received for the enhancement of the General Pershing Commemorative Work, the Commission shall transmit the amount of the balance to a separate account with the National Park Foundation, to be available to the Secretary of the Interior following the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under section 8906(b)(3) of such title. (g) Authorization To complete construction after termination of Commission Section 8 of the World War I Centennial Commission Act ( Public Law 112–272 ) is amended— (1) in subsection (a), by striking The Centennial Commission and inserting Except as provided in subsection (c), the Centennial Commission ; and (2) by adding at the end the following new subsection: (c) Exception for completion of National World War I Memorial The Centennial Commission may perform such work as is necessary to complete the rededication of the National World War I Memorial and enhancement of the General Pershing Commemorative Work under section 3 of the World War I Memorial Act of 2014, subject to section 8903 of title 40, United States Code. . 4. Additional amendments to World War I Centennial Commission Act (a) Ex officio and other advisory members Section 4 of the World War I Centennial Commission Act ( Public Law 112–272 ; 126 Stat. 2449) is amended by adding at the end the following new subsection: (e) Ex officio and other advisory members (1) Powers The individuals listed in paragraphs (2) and (3), or their designated representative, shall serve on the Centennial Commission solely to provide advice and information to the members of the Centennial Commission appointed pursuant to subsection (b)(1), and shall not be considered members for purposes of any other provision of this Act. (2) Ex officio members The following individuals shall serve as ex officio members: (A) The Archivist of the United States. (B) The Librarian of Congress. (C) The Secretary of the Smithsonian Institution. (D) The Secretary of State. (E) The Secretary of Veterans Affairs. (F) The Administrator of General Services. (3) Other advisory members The following individuals shall serve as other advisory members: (A) Four members appointed by the Secretary of Defense in the following manner: One from the Navy, one from the Marine Corps, one from the Army, and one from the Air Force. (B) Two members appointed by the Secretary of Homeland Security in the following manner: One from the Coast Guard and one from the United States Secret Service. (C) Two members appointed by the Secretary of the Interior, including one from the National Parks Service. (4) Vacancies A vacancy in a member position under paragraph (3) shall be filled in the same manner in which the original appointment was made. . (b) Payable rate of staff Section 7(c)(2) of such Act ( Public Law 112–272 ; 126 Stat. 2451) is amended— (1) in subparagraph (A), by striking the period at the end and inserting , without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. ; and (2) in subparagraph (B), by striking level IV and inserting level II . (c) Limitation on obligation of Federal funds (1) Limitation Section 9 of such Act ( Public Law 112–272 ; 126 Stat. 2453) is amended to read as follows: 9. Limitation on obligation of Federal funds No Federal funds may be obligated or expended for the designation, establishment, or enhancement of a memorial or commemorative work by the World War I Centennial Commission. . (2) Conforming amendment Section 7(f) of such Act ( Public Law 112–272 ; 126 Stat. 2452) is repealed. (3) Clerical amendment The item relating to section 9 in the table of contents of such Act ( Public Law 112–272 ; 126 Stat. 2448) is amended to read as follows: Sec. 9. Limitation on obligation of Federal funds. .
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I 113th CONGRESS 2d Session H. R. 4490 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Royce (for himself, Mr. Engel , Ms. Ros-Lehtinen , Mr. Sherman , Mr. Rohrabacher , Mr. Connolly , Mr. Chabot , Mr. Keating , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To enhance the missions, objectives, and effectiveness of United States international communications, and for other purposes.
1. Short title; Table of contents (a) Short title This Act may be cited as the United States International Communications Reform 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 and declarations. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Broadcasting standards. Sec. 6. Eligible broadcast areas. Title I—Establishment, Organization, and Management of the United States International Communications Agency Subtitle A—Establishment of the United States International Communications Agency Sec. 101. Existence within the executive branch. Sec. 102. Establishment of the Board of the United States International Communications Agency. Sec. 103. Authorities and duties of the Board of the United States International Communications Agency. Sec. 104. Establishment of the Chief Executive Officer of the United States International Communications Agency. Sec. 105. Authorities and duties of the Chief Executive Officer of the United States International Communications Agency. Sec. 106. Role of the Secretary of State. Sec. 107. Role of the Inspector General. Sec. 108. Enhanced coordination between United States International Communications Agency and the Freedom News Network; program content sharing; grantee independence. Sec. 109. Enhanced coordination among the United States International Communications Agency, the Freedom News Network, and the Department of State; Freedom News Network independence. Sec. 110. Grants to the Freedom News Network. Sec. 111. Other personnel and compensation limitations. Sec. 112. Reporting requirements of the United States International Communications Agency. Subtitle B—The Voice of America Sec. 121. Sense of Congress. Sec. 122. Principles of the Voice of America. Sec. 123. Duties and responsibilities of the Voice of America. Sec. 124. Limitation on Voice of America news, programming, and content; temporary exception for Sub-Saharan Africa; exception for broadcasting to Cuba. Sec. 125. Director of Voice of America. Subtitle C—General Provisions Sec. 131. Federal agency coordination in support of United States public diplomacy. Sec. 132. Federal agency assistance and coordination with the United States International Communications Agency and the Freedom News Network during international broadcast surges. Sec. 133. Freedom News Network right of first refusal in instances of Federal disposal of radio or television broadcast transmission facilities or equipment. Sec. 134. Repeal of the United States International Broadcasting Act of 1994. Sec. 135. Effective date. Title II—The Freedom News Network Sec. 201. Sense of Congress. Subtitle A—Consolidation of Existing Grantee Organizations Sec. 211. Formation of the Freedom News Network from existing grantees. Sec. 212. Mission of the Freedom News Network. Sec. 213. Standards and principles of the Freedom News Network. Subtitle B—Organization of the Freedom News Network Sec. 221. Governance of the Freedom News Network. Sec. 222. Budget of the Freedom News Network. Sec. 223. Assistance from other Government agencies. Sec. 224. Reports by the Office of the Inspector General of the Department of State; audits by GAO. Sec. 225. Amendments to the United States Information and Educational Exchange Act of 1948. 2. Findings and declarations Congress finds and declares the following: (1) United States international broadcasting exists to advance the United States interests and values by presenting accurate, objective, and comprehensive news and information, which is the foundation for democratic governance, to societies that lack a free media. (2) Article 19 of the Universal Declaration of Human Rights states that [e]veryone has the right to freedom of opinion and expression , and that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers . (3) Secretary of State Hillary Clinton testified before the Committee on Foreign Affairs of the House of Representatives on January 23, 2013, that the Broadcasting Board of Governors (BBG) is practically a defunct agency in terms of its capacity to be able to tell a message around the world. So we’re abdicating the ideological arena and need to get back into it. . (4) The BBG, which was created by Congress to oversee the United States international broadcasting in the wake of the Cold War, has, because of structural and managerial issues, had limited success to date in both coordinating the various components of the international broadcasting framework and managing the day-to-day operations of the Federal components of the international broadcasting framework. (5) The lack of regular attendance by board members and a periodic inability to form a quorum have plagued the BBG and, as a result, it has been functionally incapable of running the agency. (6) The board of governors has only achieved the full slate of all nine governors for seven of its 17 years of existence, which highlights the difficulties of confirming and retaining governors under the current structure. (7) Both the Department of State’s Office of Inspector General and the Government Accountability Office have issued reports which outline a severely dysfunctional organizational structure of the Broadcasting Board of Governors. (8) The Inspector General of the Department of State concluded in its January 2013 report that dysfunction of the BBG stems from a flawed legislative structure and acute internal dissension . (9) The Inspector General of the Department of State also found that the BBG’s structure of nine part-time members cannot effectively supervise all United States Government-supported, civilian international broadcasting , and its involvement in day-to-day operations has impeded normal management functions. (10) The Government Accountability Office report determined that there was significant overlap among the BBG’s languages services, and that the BBG did not systematically consider the financial cost of overlap. (11) According to the Office of the Inspector General, the BBG’s Office of Contracts is not in compliance with the Federal Acquisition Regulation, lacks appropriate contract oversight, and violates the Anti-Deficiency Act. The Office of the Inspector General also determined that the Broadcasting Board of Governors has not adequately performed full and open competitions or price determinations, has entered into hundreds of personal service contracts without statutory authority, and contractors regularly work without valid contracts in place. (12) The size and make-up of the BBG workforce should be closely examined, given the agency’s broader broadcasting and technical mission, as well as changing media technologies. (13) The BBG should be structured to ensure that more taxpayer dollars are dedicated to the substantive, broadcasting, and information-related elements of the agency’s mission. (14) The lack of a coherent and well defined mission of the Voice of America has led to programming that duplicates the efforts of the Office of Cuba Broadcasting, Radio Free Asia, RFE/RL, Incorporated, and the Middle East Broadcasting Network that results in inefficient use of tax-payer funding. (15) The annual survey conducted by the Partnership for Public Service consistently ranks the Broadcasting Board of Governors at or near the bottom of all Federal agencies in terms of overall best places to work and the extent to which employees feel their skills and talents are used effectively. . The consistency of these low scores point to structural, cultural, and functional problems at the Broadcasting Board of Governors. (16) The Federal and non-Federal organizations that comprise the United States international broadcasting framework have different, yet complementary, missions that necessitate coordination at all levels of management. (17) The Broadcasting Board of Governors has an overabundance of senior civil service positions, defined here as full-time employees encumbering GS–14 and GS–15 positions on the General Schedule pay scale. (18) United States international broadcasting should seek to leverage public-private partnerships, including the licensing of content and the use of technology owned or operated by non-governmental sources, where possible to expand outreach capacity. (19) Congressional action is necessary at this time to improve international broadcasting operations, strengthen the United States public diplomacy efforts, enhance the grantee surrogate broadcasting effort, restore focus to news, programming, and content, and maximize the value of Federal and non-Federal resources that are dedicated to public diplomacy and international broadcasting. 3. Purposes The purposes of this Act are as follows: (1) To provide objective, accurate, credible, and comprehensive news and information to societies that lack freedom of expression and information. (2) To improve the efficiency, effectiveness, and flexibility of United States international broadcasting to allow it to adapt to constantly changing political and media environments through clarification of missions, improved coordination, and organizational restructuring. (3) To coordinate the complementary efforts of the Department of State and United States international broadcasting. (4) To create a United States international broadcasting framework that more effectively leverages the broadcasting tools available and creates specialization of expertise in mission oriented programming, while minimizing waste and inefficiency. (5) To improve United States international broadcasting workforce effectiveness, security, and satisfaction. 4. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate. (2) Grantee The term grantee means the non-Federal organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code as of day before the date of the enactment of this Act that receives Federal funding from the Broadcasting Board of Governors, and includes Radio Free Asia, RFE/RL, Incorporated, and the Middle East Broadcasting Network. (3) Freedom News Network The term Freedom News Network refers to the non-Federal organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that would receive Federal funding and be responsible for promoting democratic freedoms and free media operations for foreign audiences in societies that lack freedom of expression and information, and consisting of the consolidation of the grantee in accordance with section 211. (4) Public diplomacy The term public diplomacy means the effort to achieve broad United States foreign policy goals and objectives, advance national interests, and enhance national security by informing and influencing foreign publics and by expanding and strengthening the relationship between the people and Government of the United States and citizens of other countries. 5. Broadcasting standards United States international broadcasting shall incorporate the following standards into all of its broadcasting efforts: (1) Be consistent with the broad foreign policy objectives of the United States. (2) Be consistent with the international telecommunications policies and treaty obligations of the United States. (3) Not duplicate the activities of private United States broadcasters. (4) Be conducted in accordance with the highest professional standards of broadcast journalism while remaining consistent with and supportive of the broad foreign policy objectives of the United States. (5) Be based on reliable, research-based information, both quantitative and qualitative, about its potential audience. (6) Be designed so as to effectively reach a significant audience. (7) Promote freedom of expression, religion, and respect for human rights and human equality. 6. Eligible broadcast areas (a) In general The Board of the United States International Communications Agency and the Board of the Freedom News Network shall ensure that United States international broadcasting is conducted only to countries and regions that— (1) lack democratic rule, or the indicia of democratic rule, such as demonstrable proof of free and fair elections; (2) lack the legal and political environment that allows media organizations and journalists to operate free from Government-led or permitted harassment, intimidation, retribution, and from economic impediments to the development, production, and dissemination of news and related programming and content; (3) lack established, domestic, and widely accessible media that provide accurate, objective, and comprehensive news and related programming and content; and (4) by virtue of the criteria described in this subsection, would benefit the national security and related interests of the United States, and the safety and security of United States citizens at home and abroad. (b) Exception The United States International Communications Agency and the Freedom News Network may broadcast to countries that fall outside of the criteria described in subsection (a) if the Chief Executive Officer of the Agency and the Freedom News Network, in consultation with the Secretary of State, determine it is in the national security interest of the United States, or in the interests of preserving the safety and security of United States citizens at home and abroad, to do so. I Establishment, Organization, and Management of the United States International Communications Agency A Establishment of the United States International Communications Agency 101. Existence within the executive branch The United States International Communications Agency shall exist within the executive branch of Government as an independent establishment described in section 104 of title 5, United States Code. 102. Establishment of the Board of the United States International Communications Agency (a) Composition of the Board of the United States International Communications Agency (1) In general The Board (in this section referred to as the Board ) of the United States International Communications Agency shall consist of nine members, as follows: (A) Eight voting members who shall be appointed by the President, by and with the advice and consent of the Senate. (B) The Secretary of State, who shall also be a voting member. (2) Chair The President shall appoint one member (other than the Secretary of State) as Chair of the Board, by and with the advice and consent of the Senate. (3) Political affiliation Exclusive of the Secretary of State, not more than four members of the Board shall be of the same political party. (4) Retention of existing BBG members The presidentially appointed and Senate-confirmed members of the Broadcasting Board of Governors serving as of the date of the enactment of this Act shall constitute the Board of the United States International Communications Agency and hold office the remainder of their original terms of office without reappointment to the Board. (b) Term of office The term of office of each member of the Board shall be three years, except that the Secretary of State shall remain a member of the Board during the Secretary’s term of service. Of the other eight voting members, the initial terms of office of two members shall be one year, and the initial terms of office of three other members shall be two years, as determined by the President. The President shall appoint, by and with the advice and consent of the Senate, Board members to fill vacancies occurring prior to the expiration of a term, in which case the members so appointed shall serve for the remainder of such term. Members may not serve beyond their terms. When there is no Secretary of State, the Acting Secretary of State shall serve as a member of the Board until a Secretary is appointed. (c) Selection of Board Members of the Board shall be citizens of the United States who are not regular full-time employees of the United States Government. Such members shall be selected by the President from among citizens distinguished in the fields of public diplomacy, mass communications, print, broadcast media, or foreign affairs. (d) Compensation Members of the Board, while attending meetings of the Board or while engaged in duties relating to such meetings or in other activities of the Board pursuant to this section (including travel time) shall be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. While away from their homes or regular places of business, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of such title for persons in the Government service employed intermittently. The Secretary of State shall not be entitled to any compensation under this chapter. (e) Decisions Decisions of the Board shall be made by majority vote, a quorum being present. A quorum shall consist of a majority of members then serving at the time a decision of the Board is made. (f) Transparency The Board of the United States International Communications Agency shall adhere to the provisions specified in the Government in the Sunshine Act ( Public Law 94–409 ). 103. Authorities and duties of the Board of the United States International Communications Agency The Board of the United States International Communications Agency shall have the following authorities: (1) To review and evaluate the mission and operation of, and to assess the quality, effectiveness, and professional integrity of, all programming produced by the United States International Communications Agency to ensure alignment with the broad foreign policy objectives of the United States. (2) To ensure that broadcasting of the United States International Communications Agency is conducted in accordance with the standards specified in section 5. (3) To review, evaluate, and recommend to the Chief Executive of the United States International Communications Agency, at least annually, in consultation with the Secretary of State, the necessity of adding or deleting of language services of the Agency. (4) To submit to the President and Congress an annual report which summarizes and evaluates activities of the United States International Communications Agency described in this title. 104. Establishment of the Chief Executive Officer of the United States International Communications Agency (a) In general There shall be a Chief Executive Officer of the United States International Communications Agency, appointed by the Board of the Agency for a five-year term, renewable at the Board’s discretion, and subject to the provisions of title 5, United States Code, governing appointments, classification, and compensation. (b) Qualifications The Chief Executive Officer shall be selected from among United States citizens with two or more of the following qualifications: (1) A distinguished career in managing a large organization or Federal agency. (2) Experience in the field of mass communications, print, or broadcast media. (3) Experience in foreign affairs or international relations. (4) Experience in directing United States public diplomacy programs. (c) Termination and transfer Immediately upon appointment of the Chief Executive Officer under subsection (a), the Director of the International Broadcasting Bureau shall be terminated, and all of the responsibilities and authorities of the Director shall be transferred to and assumed by the Chief Executive Officer. (d) Removal of Chief Executive Officer The Chief Executive Officer under subsection (a) may be removed upon a two-thirds majority vote of the members of the Board of the United States International Communications Agency then serving. (e) Compensation of the Chief Executive Officer Any Chief Executive Officer of the United States International Communications Agency hired after the date of the enactment of this Act, shall be eligible to receive compensation up to an annual rate of pay equivalent to level I of the Executive Schedule under section 5315 of title 5, United States Code. 105. Authorities and duties of the Chief Executive Officer of the United States International Communications Agency (a) Duties The Chief Executive Officer under section 104 shall direct operations of the United States International Communications Agency and shall have the following non-delegable authorities, subject to the supervision of the Board of the United States International Communications Agency: (1) To supervise all Federal broadcasting activities conducted pursuant to title V of the United States Information and Educational Exchange Act of 1948 ( 22 U.S.C. 1461 et seq. ) and the Voice of America as described in subtitle B of title I of this Act. (2) To make and ensure compliance with the terms and conditions of the grant agreement in accordance with section 110. (3) To review engineering activities to ensure that all broadcasting elements receive the highest quality and cost-effective delivery services. (4) To undertake such studies as may be necessary to identify areas in which broadcasting activities under the authority of the United States International Communications Agency could be made more efficient and economical. (5) To the extent considered necessary to carry out the functions of the Board, procure supplies, services, and other personal property, as well as procurement pursuant to section 1535 of title 31, United States Code (commonly referred to as the Economy Act ), of such goods and services from other Federal agencies for the Board as the Board determines are appropriate. (6) To appoint such staff personnel for the Board as the Board may determine to be necessary, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (7) To obligate and expend, for official reception and representation expenses, such amounts as may be made available through appropriations Acts. (8) To make available in the annual reports required under section 103 information on funds expended on administrative and managerial services by the Board of the United States Communications Agency, and the steps the Board has taken to reduce unnecessary overhead costs for each of the broadcasting services. (9) To provide for the use of United States Government broadcasting capacity to the Freedom News Network. (10) (A) To procure temporary and intermittent personal services to the same extent as is authorized by section 3109 of title 5, United States Code, at rates not to exceed the daily equivalent of the rate provided for positions classified above grade GS–15 of the General Schedule under section 5108 of such title. (B) To allow those individuals providing such services, while away from their homes or their regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently, while so employed. (11) To utilize the provisions of titles III, IV, V, VII, VIII, IX, and X of the United States Information and Educational Exchange Act of 1948 ( 22 U.S.C. 1431 et seq. ), and section 6 of Reorganization Plan Number 2 of 1977, as in effect on the day before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998, to the extent the Board considers necessary to carry out the provisions and purposes of this Act. (12) To utilize the authorities of any other statute, reorganization plan, executive order, regulation, agreement, determination, or other official document or proceeding that had been available to the Director of the United States Information Agency, the International Broadcasting Bureau, or the Board of the Broadcasting Board of Governors before the date of the enactment of this Act. (13) (A) To provide for the payment of primary and secondary school expenses for dependents of personnel stationed in the Commonwealth of the Northern Mariana Islands (CNMI) at a cost not to exceed expenses authorized by the Department of Defense for such schooling for dependents of members of the Armed Forces stationed in the Commonwealth, if the Board determines that schools available in the Commonwealth are unable to provide adequately for the education of the dependents of such personnel. (B) To provide transportation for dependents of such personnel between their places of residence and those schools for which expenses are provided under subparagraph (A), if the Board determines that such schools are not accessible by public means of transportation. (b) Consultations The Chief Executive Officer of the United States International Communications Agency shall regularly consult with the Chief Executive Officer of the Freedom News Network and the Secretary of State as described in sections 108 and 109. 106. Role of the Secretary of State To assist the Board of the United States International Communications Agency in carrying out its functions, the Secretary of State shall provide to the Board information in accordance with section 109(b), as well as guidance on United States foreign policy and public diplomacy priorities, as the Secretary determines appropriate. 107. Role of the Inspector General (a) In general The Inspector General of the Department of State and the Foreign Service shall exercise the same authorities with respect to the United States International Communications Agency and the Freedom News Network as the Inspector General exercises under the Inspector General Act of 1978 with respect to the Department and the Foreign Service. (b) Journalist integrity The Inspector General of the Department of State shall respect the journalistic integrity of all the broadcasters covered by this Act and may not evaluate the philosophical or political perspectives reflected in the content of the broadcasts of such broadcasters. 108. Enhanced coordination between United States International Communications Agency and the Freedom News Network; program content sharing; grantee independence (a) Meetings The chair of the Board and Chief Executive Officer of the United States International Communications Agency shall meet at least on a quarterly basis with the chair and Chief Executive Officer, as identified in section 221, of the Freedom News Network to discuss mutual issues of concern, including the following: (1) The strategic direction of their respective organizations, including target audiences. (2) Languages of information transmission. (3) Prioritization of funding allocations. (4) Areas for greater collaboration. (5) Elimination of programming overlap. (6) Efficiencies that can be realized through best practices and lessons learned. (7) Sharing of program content. (b) Information sharing The Chief Executive Officer of the United States International Broadcasting Agency and the Chief Executive Officer of the Freedom News Network shall share all strategic planning documents, including the following: (1) Results monitoring and evaluation. (2) Annual planning documents. (3) Audience surveys conducted. (4) Budget formulation documents. (c) Independence of Freedom News Network The United States International Communications Agency, while conducting management of the grant described in section 110, shall avoid even the appearance of involvement in daily operations, decisions, and management of the Freedom News Network, and ensure that the distinctions between the United States International Communications Agency and Freedom News Network remain in accordance with this Act. 109. Enhanced coordination among the United States International Communications Agency, the Freedom News Network, and the Department of State; Freedom News Network independence (a) Coordination meetings The Chief Executive Officer of the United States International Communications Agency and the Chief Executive Officer of the Freedom News Network shall meet, at least on a quarterly basis, with the Secretary of State to— (1) review and evaluate broadcast activities; (2) eliminate overlap of programming; and (3) determine long-term strategies for international broadcasting to ensure such strategies are in accordance with the broad foreign policy interests of the United States. (b) Strategic planning documents The Chief Executive Officer of the United States International Communications Agency, the Chief Executive Officer of the Freedom News Network, and the Secretary of State shall share all relevant unclassified strategic planning documents produced by the Agency, the Freedom News Network, and the Department of State. (c) Freedom News Network independence The Department of State, while coordinating with the Freedom News Network in accordance with subsection (a), shall avoid even the appearance of involvement in the daily operations, decisions, and management of the Freedom News Network. 110. Grants to the Freedom News Network (a) In general The Chief Executive Officer of the United States International Communications Agency shall make grants to RFE/RL, Incorporated, Radio Free Asia, or the Middle East Broadcasting Network only after the Chief Executive Officer of the Agency and the Chief Executive Officer of Freedom News Network certify to the appropriate congressional committees that the headquarters of the Freedom News Network and its senior administrative and managerial staff are in a location which ensures economy, operational effectiveness, and accountability, and the following conditions has been satisfied: (1) RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting Network have submitted to the Chief Executive Officer of the United States International Communications Agency a plan for consolidation and reconstitution as described in section 211 under the new corporate name Freedom News Network with a single organizational structure and management framework, as described in section 221. (2) The necessary steps towards the consolidation described in paragraph (1) have been completed, including the selection of a Board, Chair, and Chief Executive Officer for the Freedom News Network, the establishment of bylaws to govern the Freedom News Network, and the filing of articles of incorporation. (3) A plan for content sharing has been developed in accordance with section 112(f). (4) A strategic plan for programming implementation has been developed in accordance with section 221(g). (b) Report Not later than 180 days after the date of the enactment of this Act, the Board of the United States International Communications Agency shall submit to Congress a report on the status of any grants made to the Freedom News Network. (c) Limitation on grant amounts The total amount of grants made for the operating costs of the Freedom News Network may not exceed $270,000,000 in fiscal year 2015. (d) Alternative grantee If the Chief Executive Officer of the United States International Communications Agency, after consultation with the Board of the Agency and the appropriate congressional committees, determines at any time that the Freedom News Network is not carrying out the mission described in section 212 and adhering to the standards and principles described in section 213 in an effective and economical manner for which a grant has been awarded, the Chief Executive Officer of the Agency, upon approval of the Board, may award to another entity the grant at issue to carry out such functions after soliciting and considering applications from eligible entities in such manner and accompanied by such information as the Board may require. (e) Not a Federal entity Nothing in this Act may be construed to make the Freedom News Network a Federal agency or instrumentality. (f) Authority Grants authorized under this section for the United States International Communications Agency shall be available to make annual grants to the Freedom News Network for the purpose of carrying out the mission described in section 212 and adhering to the standards and principles described in section 213. (g) Grant agreement Grants authorized under this section to the Freedom News Network by the Chief Executive Officer of the United States International Communications Agency shall only be made in accordance with a grant agreement. Such grant agreement shall include the following provisions: (1) A grant be used only for activities in accordance with carrying out the mission described in section 212 and adhering to the standards and principles described in section 213. (2) The Freedom News Network shall comply with the requirements of this section. (3) Failure to comply with the requirements of this section may result in suspension or termination of a grant without further obligation by the United States International Communications Agency or the United States. (4) Use of broadcasting technology owned and operated by the United States International Communications Agency be made available through an International Cooperative Administrative Support Service (ICASS) agreement or memorandum of understanding. (5) The Freedom News Network shall, upon request, provide to the Chief Executive Officer of the United States International Communications Agency documentation which details the expenditure of any grant funds. (6) A grant may not be used to require the Freedom News Network to comply with any requirements other than the requirements specified in this Act. (7) A grant may not be used to allocate resources within the Freedom News Network in a manner that is inconsistent with the Freedom News Network strategic plan described in section 222(c). (h) Prohibitions on the use of grants Grants authorized under this section may not be used for the following purposes: (1) (A) Except as provided in subparagraph (B) or (C), to pay any salary or other compensation, or enter into any contract providing for the payment of salary or compensation, in excess of the rates established for comparable positions under title 5, United States Code, or the foreign relations laws of the United States, except that no employee may be paid a salary or other compensation in excess of the rate of pay payable for level II of the Executive Schedule under section 5315 of such title. (B) Salary and other compensation limitations under subparagraph (A) shall not apply with respect to any employee covered by a union agreement requiring a salary or other compensation in excess of such limitations before the date of the enactment of this Act. (C) Notwithstanding the limitations specified in subparagraph (A), grants authorized under this section may be used by the Freedom News Network to pay up to six employees employed in the Washington, DC, area, salary or other compensation not to exceed the rate of pay payable for level I of the Executive Schedule under section 5314 of title 5, United States Code, except that such shall not apply to the Chief Executive Officer of the Freedom News Network in accordance with section 221(d). (2) For any activity intended to influence the passage or defeat of legislation being considered by Congress. (3) To enter into a contract or obligation to pay severance payments for voluntary separation for employees hired after December 1, 1990, except as may be required by United States law or the laws of the country where such an employee is stationed. (4) For first class travel for any employee of the Freedom News Network, or the relative of any such employee. 111. Other personnel and compensation limitations (a) In general Subject to the organizational and personnel restrictions described in subsection (c), the Chief Executive Officer of the United States International Communications Agency shall have the discretion to determine the distribution of all personnel within the Agency, subject to the approval of the Board of the Agency. (b) Limitation on compensation (1) In general No employee of the United States International Communications Agency, other than the Chief Executive Officer or Director of the Voice of America, shall be eligible to receive compensation at a rate in excess of step 10 of GS–15 of the General Schedule under section 5332 of title 5, United States Code. (2) Exception The limitation described in paragraph (1) does not apply in the case of members of the Board in accordance with section 102(d). (c) Prohibition on certain new employment (1) In general Beginning on the date of the enactment of this Act and ending on the date that is five years after such date, the United States International Communications Agency may not fill any currently unfilled full-time or part-time position compensated at an annual rate of basic pay for grade GS–14 or GS–15 of the General Schedule under section 5332 of title 5, United States Code, including any currently filled position in which the incumbent resigns, retires, or otherwise leaves such position during the such five-year period. (2) Waiver The Chief Executive Officer of the United States International Communications Agency may waive the prohibition specified in paragraph (1) if the position is determined essential to the functioning of the Agency and documented as such in the report required under section 112(a), or necessary for the acquisition of skills or knowledge not sufficiently represented in the current workforce of the Agency. The Chief Executive Officer of the Agency shall consult with the appropriate congressional committees before issuing a waiver under this paragraph. 112. Reporting requirements of the United States International Communications Agency (a) Reorganization report Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States International Communications Agency shall submit to the appropriate Congressional committees a report that includes the following: (1) A plan to assess and provide recommendations on the appropriate size and necessity of all current offices and positions (also referred to as a staffing pattern ) within the Agency, including full-time employee positions rated at the Senior Executive Service (SES) level or at GS–14 or GS–15 on the General Schedule under section 5332 of title 5, United States Code. Such plan shall include a detailed organizational structure that delineates lines of authority and reporting between junior staff, management, and leadership. (2) Details of how the structure and alignment of resources supports the fulfillment of the Agency’s mission and standards and principles as described in sections 5 and 122. (3) A plan for developing a platform to share all programming content between the United States International Communications Agency and the Freedom News Network, including making available for distribution all programming content licensed or produced by the Agency and the Freedom News Network, and expanding the functionality of the platforms already in existence, such as the web content management system Pangea . (b) Contracting report The Chief Executive Officer of the United States International Communications Agency shall annually submit to the appropriate congressional committees a report on the Agency’s compliance with the Federal Acquisition Regulation (the FAR ) and the Anti-Deficiency Act, including a review of contracts awarded on a non-competitive basis, compliance with the FAR requirement for publicizing contract actions, the use of any personal service contracts without explicit statutory authority, and processes for contract oversight in compliance with the FAR. (c) Listenership report The Chief Executive Officer of the United States International Communications Agency shall annually submit to the appropriate congressional committees a report that details the transmission capacities, market penetration, and audience listenership of all mediums of international communication deployed by the United States International Communications Agency, including a plan for how target audiences can be reached if the first medium of delivery is unavailable. (d) GAO report Every five years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that reviews the effectiveness of content sharing between the United States International Communications Agency and the Freedom News Network and makes recommendations on how content sharing can be improved. B The Voice of America 121. Sense of Congress It is the sense of Congress that— (1) the Voice of America has been an indispensable element of United States foreign policy and public diplomacy efforts since 1942, and should remain the flagship brand of the United States International Communications Agency; (2) the Voice of America has been a reliable source of accurate, objective, and comprehensive news and related programming and content for the millions of people around the world who cannot obtain such news and related programming and content from indigenous media outlets; (3) the Voice of America’s success over more than seven decades has created valuable brand identity and international recognition that justifies the maintenance of the Voice of America; (4) the Voice of America’s public diplomacy mission remains essential to broader United States Government efforts to communicate with foreign populations; and (5) despite its tremendous historical success, the Voice of America would benefit substantially from a recalibration of Federal international broadcasting agencies and resources, which would provide the Voice of America with greater mission focus and flexibility in the deployment of news, programming, and content. 122. Principles of the Voice of America The Voice of America shall adhere to the following principles in the course of fulfilling its duties and responsibilities: (1) Serving as a consistently reliable and authoritative source of news on the United States, its policies, its people, and the international developments that affect the United States. (2) Providing accurate, objective, and comprehensive information, with the understanding that these three values provide credibility among global news audiences. (3) Presenting the official policies of the United States, and related discussions and opinions about those policies, clearly and effectively. (4) Representing the whole of the United States, and shall accordingly work to produce programming and content that presents a balanced and comprehensive projection of the diversity of thought and institutions of the United States. 123. Duties and responsibilities of the Voice of America The Voice of America shall have the following duties and responsibilities: (1) Producing accurate, objective, and comprehensive news and related programming that is consistent with and promotes the broad foreign policies of the United States. (2) Producing news and related programming and content that accurately represents the diversity of thoughts and institutions of the United States as a whole. (3) Presenting the law and policies of the United States clearly and effectively. (4) Promoting the civil and responsible exchange of information and differences of opinion regarding policies, issues, and current events. (5) Making all of its produced news and related programming and content available to the Freedom News Network for use and distribution. (6) Producing or otherwise allowing editorials, commentary, and programming, in consultation with the Department of State, that present the official views of the United States Government and its officials. (7) Maximizing foreign national information access through both the use of existing broadcasting tools and resources and the development and dissemination of circumvention technology. (8) Providing training and technical support for independent indigenous media and journalist enterprises in order to facilitate or enhance independent media environments and outlets abroad. (9) Reaching identified foreign audiences in local languages and dialects when possible. (10) Being capable of providing a broadcasting surge capacity under circumstances where overseas disasters, crises, or other events require increased or heightened international public diplomacy engagement. 124. Limitation on Voice of America news, programming, and content; temporary exception for Sub-Saharan Africa; exception for broadcasting to Cuba (a) In general Except as provided in subsections (b) and (c), the Voice of America shall be limited to providing reporting in accordance with its public diplomacy mandate on United States and international news and information, and producing related original programming and content, including coverage of United States foreign policy, international organizations, and international economic developments. (b) Temporary exception for sub-Saharan Africa The Voice of America may provide original reporting on regional and local developments in sub-Saharan Africa in accordance with the mission of the Freedom News Network specified in section 212 until such time as the Freedom News Network begins broadcasts to sub-Saharan Africa at which time the Voice of America shall revert back to the principles specified in section 122. (c) Exception for broadcasting to Cuba Radio Marti and Television Marti, which constitute the Office of Cuba Broadcasting, shall continue programming and content production consistent with the mission and activities as described in the Radio Broadcasting to Cuba Act (Public Law 98–111) and the Television Broadcasting to Cuba Act ( Public Law 101–246 ), and continue existing within the Voice of America of the United States International Communications Agency. 125. Director of Voice of America (a) Establishment There shall be a Director of the Voice of America, who shall be responsible for executing the duties and responsibilities of the Voice of America described in subsection (b). (b) Duties and responsibilities The Director of the Voice of America shall, subject to the final approval of the Chief Executive Officer of the United States International Communications Agency carry out the following duties and responsibilities: (1) Determine the organizational structure of, and personnel allocation or relocation within, the Voice of America, subject to section 105. (2) Make recommendations to the Chief Executive Officer of the United States International Communications Agency regarding the production, development, and termination of Voice of America news programming and content. (3) Make recommendations to the Chief Executive Officer of the United States International Communications Agency about the establishment, termination, prioritization, and adjustments of language services utilized by the Voice of America to reach its international audience. (4) Allocate funding and material resources under the jurisdiction of the Voice of America for the furtherance of the other duties and responsibilities established under this subsection. (5) Oversee the daily operations of the Voice of America, including programming content. (c) Appointment and qualifications of Director (1) In general The position of Director of the Voice of America shall be filled by a person who shall serve at the pleasure of the Chief Executive Officer of the United States International Communications Agency. (2) Eligibility To be eligible to be appointed Director of the Voice of America, a person shall have at least two of the following qualifications: (A) Prior, extensive experience managing or operating a private-sector media or journalist enterprise. (B) Prior, extensive experience managing or operating a large organization. (C) Prior, extensive experience engaged in mass media or journalist program development, including the development of circumvention technologies. (D) Prior, extensive experience engaged in international journalism or other related activities, including the training of international journalists and the promotion of democratic institutional reforms abroad. (3) Compensation Any Director who is hired after the date of the enactment of this Act shall be entitled to receive compensation at a rate equal to the annual rate of basic pay for level III of the Executive Schedule under section 5315 of title 5, United States Code. C General Provisions 131. Federal agency coordination in support of United States public diplomacy (a) In general The Board of the United States International Communications Agency and the Freedom News Network shall conduct periodic, unclassified consultations with the Department of State, the United States Agency for International Development, the Department of Defense, and the Office of the Director of National Intelligence, for the purpose of assessing the following: (1) Progress toward democratization, the development of free and independent media outlets, and the free flow of information in countries that receive programming and content from the United States International Communications Agency and the Freedom News Network. (2) Foreign languages that have increased or decreased in strategic importance, and the factors supporting such assessments. (3) Any other international developments, including developments with regional or country-specific significance, that might be of value in assisting the United States International Communications Agency and the Freedom News Network in the development of their programming and content. (b) Guidance The Board of the United States International Communications Agency shall use the unclassified consultations required under subsection (a) as guidance for its distribution and calibration of Federal resources in support of United States public diplomacy. 132. Federal agency assistance and coordination with the United States International Communications Agency and the Freedom News Network during international broadcast surges (a) In general Subject to a formal request from the Chair of the Board of the United States International Communications Agency, Federal agency heads shall assist and coordinate with the Agency to facilitate a temporary broadcasting surge or enhance transmission capacity for such a temporary broadcasting surge for the Agency, the Freedom News Network, or both. (b) Actions In accordance with subsection (a), Federal agency heads shall assist or coordinate with the United States International Communications Agency by— (1) supplying or facilitating access to, or use of— (A) United States Government-owned transmission capacity, including the use of transmission facilities, equipment, resources, and personnel; and (B) other non-transmission-related United States Government-owned facilities, equipment, resources, and personnel; (2) communicating and coordinating with foreign host governments on behalf of, or in conjunction with, the Agency or the Freedom News Network; (3) providing, or assisting in the obtaining of, in-country security services for the safety and protection of Agency or Freedom News Network personnel; and (4) providing or facilitating access to any other United States Government-owned resources. (c) Prohibition Notwithstanding any other provision of law, neither Federal agency heads nor their agencies shall receive any reimbursement or compensatory appropriations for complying with implementing this section. 133. Freedom News Network right of first refusal in instances of Federal disposal of radio or television broadcast transmission facilities or equipment (a) In general Notwithstanding any other provision of law, it shall be the policy of the United States International Communications Agency to, in the event it intends to dispose of any radio or television broadcast transmission facilities or equipment, provide the Freedom News Network with the right of first refusal with respect to the acquisition of such facilities and equipment. (b) Transfer and disposal Pursuant to subsection (a)— (1) in the event the Freedom News Network is willing to accept the facilities and equipment referred to in such subsection, the United States International Communications Agency shall transfer to the Freedom News Network such facilities and equipment at no cost to the Freedom News Network; or (2) in the event the Freedom News Network opts to not accept such facilities and equipment, the United States International Communications Agency may sell such facilities and equipment at market price, and retain any revenue from such sales. (c) Rules regarding certain funds Pursuant to subsections (b) and (c), any revenues that the United States International Communications Agency shall derive from such sales— (1) shall not negatively impact subsequent appropriations to the Agency; and (2) shall be used entirely for the purposes or research, development, and deployment of innovative broadcasting or circumvention technology. 134. Repeal of the United States International Broadcasting Act of 1994 The United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. ; title III of Public Law 103–236 ) is repealed. 135. Effective date This title shall take effect on the date that is 180 days after the date of the enactment of this Act. II The Freedom News Network 201. Sense of Congress It is the sense of Congress that RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting Network share a common mission with distinct geographic foci, and should therefore be merged into a single organization, with distinct marketing brands to provide the news and related programming and content in countries where free media are not established. A Consolidation of Existing Grantee Organizations 211. Formation of the Freedom News Network from existing grantees (a) In general When the conditions specified in section 110 are satisfied, the Freedom News Network, comprised of the consolidation of RFE/RL Incorporated, Radio Free Asia, and the Middle East Broadcasting Network, shall exist to carry out all international broadcasting activities supported by the United States Government, in accordance with sections 212 and 213. (b) Maintenance of the existing individual grantee brands RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting Network shall remain brand names under which news and related programming and content may be disseminated by the Freedom News Network. Additional brands may be created as necessary. 212. Mission of the Freedom News Network The Freedom News Network established under section 211 shall— (1) provide uncensored local and regional news and analysis to people in societies where a robust, indigenous, independent, and free media does not exist; (2) strengthen civil societies by projecting democratic values and promoting equality and the rights of the individual; (3) help countries improve their indigenous capacity to enhance media professionalism and independence, and develop partnerships with local media outlets, as appropriate; and (4) promote access to uncensored sources of information, especially via the internet, and use all effective and efficient mediums of communication to reach target audiences. 213. Standards and principles of the Freedom News Network The broadcasting of the Freedom News Network shall— (1) be consistent with the broad foreign policy objectives of the United States; (2) be consistent with the international telecommunications policies and treaty obligations of the United States; (3) be conducted in accordance with the highest professional standards of broadcast journalism; (4) be based on reliable information about its potential audience; (5) be designed so as to effectively reach a significant audience; and (6) prioritize programming to populations in countries without independent indigenous media outlets. B Organization of the Freedom News Network 221. Governance of the Freedom News Network (a) Board of the Freedom News Network A board shall oversee the Freedom News Network and consist of nine individuals with a demonstrated background in media or the promotion of democracy and experience in measuring media impact. (b) Composition of first board of the Freedom News Network Not later than 90 days after the date of the enactment of this Act, the Chairs and Ranking Members of the appropriate congressional committees shall identify and appoint candidates for the first board of the Freedom News Network, direct the appointment of board members, and select the first chair of the board of the Freedom News Network as follows: (1) Two individuals shall be appointed by the Chair of the Committee on Foreign Affairs of the House of Representatives. (2) Two individuals shall be appointed by the Ranking Member of the Committee on Foreign Affairs of the House of Representatives. (3) Two individuals shall be appointed by the Chair of the Committee on Foreign Relations of the Senate. (4) Two individuals shall be appointed by the Ranking Member of the Committee on Foreign Relations of the Senate. (5) One individual shall be appointed by consensus of the Chairs and Ranking Members of the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (c) Operations of the first board of the Freedom News Network (1) In general The board members of the first board of the Freedom News Network shall determine the bylaws, select the Chief Executive Officer of the Freedom News Network, and file articles of incorporation under the corporate name Freedom News Network . The first board of the Freedom News Network may change the organization’s name in accordance with such bylaws. (2) Term limits The board members of the first board of the Freedom News Network may not serve more than a three-year term, and shall be replaced in accordance with the bylaws referred to in paragraph (1) and the succession process described in paragraph (3). (3) Succession of board members The board members of the first board of the Freedom News Network and all subsequent boards shall fill vacancies on the board due to death, resignation, removal, or term expiration through an election process described in the bylaws referred to in paragraph (1) and in accordance with the principle of a self-replenishing body. (d) Compensation of board and officers of the Freedom News Network Members of the board of the Freedom News Network may not receive any fee, salary, or remuneration of any kind for their service as members, except that such members may be reimbursed for reasonable expenses, such as board-related travel, incurred with approval of the board upon presentation of vouchers. No officers of the Freedom News Network, other than the Chief Executive Officer, shall be eligible to receive compensation at a rate in excess of the annual rate of basic pay for level II on the Executive Schedule under section 5315 of title 5, United States Code. (e) Abolishment of existing boards The boards of directors of RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting Network in existence on the day before the date of the enactment of this Act shall be abolished on the date of the first official meeting of the first board of the Freedom News Network. (f) Chief Executive Officer The Chief Executive Officer of the Freedom News Network shall serve at the pleasure of the board of the Freedom News Network, and be responsible for the day-to-day management and operations of the Freedom News Network, including the selection of individuals for management positions. The board of the Freedom News Network may add to the duties and responsibilities of the Chief Executive Officer as the board determines appropriate, and such additional duties and responsibilities shall be codified in the bylaws of the Freedom News Network. (g) Plan for consolidation of existing individual grantees (1) In general Not later than 180 days after the date of the first official meeting of the first board of the Freedom News Network, the chair of the board of the Freedom News Network shall submit a report to, and consult with, the appropriate congressional committees on the plan to consolidate RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting Network into a single non-Federal grantee organization. (2) Components The consolidation plan referred to in paragraph (1) shall include the following components: (A) The location and distribution of employees, including administrative, managerial, and technical staff, of the Freedom News Network that will be located within and outside the metropolitan area of Washington, DC. (B) An organizational chart identifying the managerial and supervisory lines of authority among all employees of the Freedom News Network. (3) Time for implementation Not later than three years after the date of the enactment of this Act, the chair of the board of the Freedom News Network shall fully implement the consolidation plan referred to in paragraph (1) after consultation with the appropriate congressional committees. (4) Report Not later than five years after the date on which initial funding is provided for the purpose of operating the Freedom News Network, the chair of the board of the Freedom News Network shall submit to the appropriate congressional committees a report that details the following: (A) Whether the Freedom News Network is technically sound and cost-effective. (B) Whether the Freedom News Network consistently meets the standards for quality and impact established by this title. (C) Whether the Freedom News Network is receiving a sufficient audience to warrant its continued operation. (D) The extent to which the Freedom News Network’s programming and content is already being received by the target audience from other credible indigenous or external sources. (E) The extent to which the foreign policy and national security interests of the United States are being served by maintaining operations of the Freedom News Network. 222. Budget of the Freedom News Network (a) In general The annual budget of the Freedom News Network shall consist of the following: (1) A grant described in section 110, consisting of the total grants to RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting Network before the date of the enactment of this Act. (2) Any grants or transfers from other Federal agencies. (3) Other funds described in subsection (b). (b) Other sources of funding The Freedom News Network may, to the extent authorized by its board and in accordance with applicable laws and the mission of the Freedom News Network under section 212 and eligible broadcast areas under section 6, collect and utilize non-Federal funds, except that the Freedom News Network may not accept funds from the following: (1) Any foreign governments or foreign government officials. (2) Any agents, representatives, or surrogates of any foreign government or foreign government official. (3) Any foreign-owned corporations or any subsidiaries of any foreign-owned corporation, regardless of whether such subsidiary is foreign-owned. (4) Any foreign national or individual who is not either a citizen or a legal permanent resident of the United States. (c) Annual strategic plan of the Freedom News Network The Freedom News Network shall submit to the appropriate congressional committees and the United States International Communications Agency an annual strategic plan to satisfy the requirements specified in section 110. Each such strategic plan shall outline the following: (1) The strategic goals and objectives of the Freedom News Network for the upcoming fiscal year. (2) The alignment of the Freedom News Network’s resources with the strategic goals and objectives referred to in subparagraph (A). (3) Clear benchmarks that establish the progress made towards achieving the strategic goals and objectives referred to in subparagraph (A). (4) A plan to monitor and evaluate the success of the Freedom News Network’s broadcasting efforts. (5) A reflective analysis on the activities on the past fiscal year. (6) Any changes to facility leases, contracts, or ownership that would result in the relocation of staff or personnel. (d) Sense of Congress It is the sense of Congress that administrative and managerial costs for operation of the Freedom News Network should be kept to a minimum and, to the maximum extent feasible, should not exceed the costs that would have been incurred if RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting Network had been operated as independent grantees or as a Federal entity within the Voice of America. 223. Assistance from other Government agencies (a) Surplus properties In order to assist the Freedom News Network in carrying out the provisions of this title, any agency or instrumentality of the United States may sell, loan, lease, or grant property (including interests therein) to the Freedom News Network as necessary. (b) Facilities and broadcasting infrastructure The United States International Communications Agency and the Freedom News Network shall negotiate an International Cooperative Administrative Support Service (ICASS) agreement or memorandum of understanding permitting the continued use of technological infrastructure for broadcasting and information dissemination, except that the Freedom News Network may choose to procure such services through negotiated contracts with private-sector providers. 224. Reports by the Office of the Inspector General of the Department of State; audits by GAO (a) IG reports (1) In general Not later than September 30 of each year, the Inspector General of the Department of State and the Foreign Service shall submit to the appropriate congressional committees a report on management practices of the Freedom News Network, including a financial report on unobligated balances. (2) Continuation of authority Notwithstanding any other provision of law, the Inspector General of the Department of State and the Foreign Service is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to the Freedom News Network. (b) GAO audits (1) In general Financial transactions of the Freedom News Network, as such relate to functions carried out under this Act, may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places where accounts of the Freedom News Network are normally kept. (2) Access Representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, files, papers, and property belonging to or in use by the Freedom News Network pertaining to the financial transactions referred to in paragraph (1) and necessary to facilitate an audit in accordance with such paragraph. All such books, accounts, records, reports, files, papers, and property of the Freedom News Network shall remain in the possession and custody of the Freedom News Network. 225. Amendments to the United States Information and Educational Exchange Act of 1948 The United States Information and Educational Exchange Act of 1948 is amended— (1) in title V ( 22 U.S.C. 1461 et seq. ), by striking Broadcasting Board of Governors and inserting United States International Communications Agency each place it appears; (2) by amending paragraph (1) of section 501(b) ( 22 U.S.C. 1461(b) ) to read as follows: (b) (1) Except as provided in paragraph (2), the Secretary and the United States International Communications Agency may, upon request and reimbursement of the reasonable costs incurred in fulfilling such a request, make available, in the United States, motion pictures, films, video, audio, and other materials disseminated abroad pursuant to this Act. Any reimbursement pursuant to this paragraph shall be credited to the applicable appropriation account of the Department of State or the United States International Communications Agency, as appropriate. The Secretary and the United States International Communications Agency shall issue necessary regulations. ; (3) by repealing sections 504 and 505 (22 U.S.C. 1464 and 1464a); (4) by redesignating section 506 ( 22 U.S.C. 1464b ) as section 504; (5) in section 504, as so redesignated, in subsection (c), in the matter preceding paragraph (1)— (A) by striking Broadcasting Board of Governors and inserting United States International Communications Agency ; and (B) by striking Board each place it appears and inserting Agency ; (6) in clause (iii) of section 604(d)(1)(A) ( 22 U.S.C. 1469(d)(1)(A) ), by striking Broadcasting Board of Governors and inserting United States International Communications Agency ; (7) in paragraph (3) of section 801 ( 22 U.S.C. 1471 ), by striking Director of the United States Information Agency and inserting Chief Executive Officer of the United States International Communications Agency ; (8) in subsection (b) of section 802 ( 22 U.S.C. 1472 )— (A) in paragraph (1)(B), by striking Director of the United States Information Agency and inserting Chief Executive Officer of the United States International Communications Agency ; and (B) in paragraph (4)(A), by striking Broadcasting Board of Governors and inserting United States International Communications Agency ; (9) in paragraph (1) of section 804 ( 22 U.S.C. 1474 ), by striking Director of the United States Information Agency and inserting Chief Executive Officer of the United States International Communications Agency ; (10) in section 810(b) ( 22 U.S.C. 1475e(b) )— (A) in the matter preceding paragraph (1), by striking United States Information Agency and inserting United States International Communications Agency ; and (B) in paragraph (4), by striking International Broadcasting Bureau and inserting United States International Communications Agency ; and (11) in subsection (a) of section 1001 ( 22 U.S.C. 1442 ), by striking Director of the United States Information Agency and inserting Chief Executive Officer of the United States International Communications Agency .
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113-hr-4491
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I 113th CONGRESS 2d Session H. R. 4491 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Buchanan introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 31, United States Code, to restore the 10-year statute of limitations applicable to collection of debt by administrative offset.
1. Short title This Act may be cited as The Stop Punishing Innocent Taxpayers Act . 2. Restoration of statute of limitations (a) In general Section 3716(e) of title 31, United States Code, is amended to read as follows: (e) This section does not apply— (1) to a claim under this subchapter that has been outstanding for more than 10 years; or (2) when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved. . (b) Retroactivity In the administration of section 3716(e) of title 31, United States Code, the following provisions of law shall be treated as if they had never been enacted: (1) Section 14219 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–234 ; 122 Stat. 1483), repealed as duplicative enactment by section 4 of Public Law 110–246 ( 7 U.S.C. 8701 note). (2) Section 14219 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2245).
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113-hr-4492
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I 113th CONGRESS 2d Session H. R. 4492 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mrs. Capps introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide for the availability of breastfeeding support, supplies, and counseling under the TRICARE program.
1. Short title This Act may be cited as the TRICARE Moms Improvement Act of 2014 . 2. Availability of breastfeeding support, supplies, and counseling under the tricare program Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (18) Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4492ih/xml/BILLS-113hr4492ih.xml
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113-hr-4493
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I 113th CONGRESS 2d Session H. R. 4493 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Cassidy introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to expand the definition of minister for purposes of excluding the rental value of a parsonage from gross income to include duly recognized officials of nontheistic spiritual, moral, or ethical organizations.
1. Short title This Act may be cited as the Faith and Fairness Act of 2014 . 2. Exclusion of rental value of parsonages (a) In general Section 107 of the Internal Revenue Code of 1986 is amended by adding at the end the following: For purposes of this section, the term minister of the gospel includes any duly recognized official of a religious, spiritual, moral, or ethical organization (whether theistic or not). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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113-hr-4494
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I 113th CONGRESS 2d Session H. R. 4494 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Ms. DeGette (for herself and Mr. Paulsen ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To launch a national strategy to support regenerative medicine through funding for research and commercial development of regenerative medicine products and development of a regulatory environment that enables rapid approval of safe and effective products, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Regenerative Medicine Promotion 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. Findings. Sec. 3. Report on ongoing Federal programs and activities regarding regenerative medicine. Sec. 4. Establishment of Regenerative Medicine Coordinating Council. Sec. 5. Grants for basic or preclinical research into regenerative medicine. Sec. 6. Grants for development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine. Sec. 7. Supporting innovation in regenerative medicine through cures acceleration network. Sec. 8. Funding for Food and Drug Administration research. 2. Findings Congress finds the following: (1) Regenerative medicine has the potential to treat many chronic diseases, promote economic growth, and reduce health care spending in the United States. (2) Regenerative medicine products have already successfully treated numerous health conditions, and have the potential to provide cures, treatments, and diagnostics for a range of diseases and disabilities including diabetes, spinal cord injury, heart disease, stroke, and various forms of cancer. (3) A United States national strategy on regenerative medicine is critical to ensure that this technology fulfills its potential to cure and treat diseases and disabilities, reduce overall health spending, and promote economic growth. (4) The Department of Defense has stated that regenerative medicine has the potential to treat many battlefield injuries such as burns, that it has the potential to heal wounds without scarring, and that it has the potential to be used for traumatic brain injury and other forms of trauma, craniofacial reconstruction, limb reconstruction, regeneration, and transplantation. (5) The Department of Health and Human Services and the Multi-Agency Tissue Engineering Science Interagency Working Group have endorsed a national initiative to support research and product development in regenerative medicine. (6) The Department of Health and Human Services has said the potential benefits of regenerative medicine in improved health care and economic savings are enormous. States that have invested in regenerative medicine have experienced economic growth and see future growth potential, including an increase in biotech employment, payroll increases, and proportional impacts on tax receipts. 3. Report on ongoing Federal programs and activities regarding regenerative medicine Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall provide for the completion, and submission to the Congress, of a report identifying all ongoing Federal programs and activities regarding regenerative medicine. 4. Establishment of Regenerative Medicine Coordinating Council (a) Establishment The Secretary of Health and Human Services shall establish, within six months of the enactment of this Act, in the Office of the Secretary, a Regenerative Medicine Coordinating Council (in this section referred to as the Council ). (b) Composition The Council shall be composed of the following: (1) The Secretary of Commerce. (2) The Secretary of Defense. (3) The Secretary of Health and Human Services. (4) The Secretary of the Treasury. (5) The Secretary of Veterans Affairs. (6) The Administrator of the Agency for Healthcare Research and Quality. (7) The Administrator of the Centers for Medicare & Medicaid Services. (8) The Commissioner of Food and Drugs. (9) The Director of the National Institutes of Health. (10) The Director of the National Institutes of Standards and Technology. (11) The members appointed by the Secretary under subsection (d). (c) Chair The Secretary of Health and Human Services shall be the Chair of the Council. (d) Members appointed by secretary The Secretary shall appoint at least 5 persons to serve as members of the Council under subsection (b)(11). The members of the Council appointed under the preceding sentence shall include persons with expertise in third-party payment, regenerative medicine researchers from academic institutions, patient advocates, persons with expertise in drug discovery, persons with expertise in drug development, persons with expertise in basic research, persons with expertise in translational research, persons with expertise in medical device development, persons with expertise in biomaterials, clinicians, and persons with expertise in clinical research. (e) Functions The Council shall— (1) consult with, and provide information to, the Secretary of Health and Human Services for purposes of implementing any recommendations in the report required by section 3; (2) prepare, and keep up-to-date, a national strategy to support research into regenerative medicine and the development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; (3) prepare a plan specifying priorities for research into regenerative medicine; (4) not later than 1 year after the date of the enactment of this Act, establish priorities for the award of grants under sections 5 and 6 (relating to grants for basic or preclinical research into regenerative medicine and for development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine, respectively); (5) identify sources of funding for research into regenerative medicine; (6) identify areas where such funding is inadequate; (7) make recommendations regarding Federal regulatory, reimbursement, tax, and other policies that will support development and marketing of regenerative medicine products; (8) facilitate development of consensus standards regarding scientific issues critical to regulatory approval of regenerative medicine products; and (9) determine the need for establishing centers of excellence or consortia to further advance regenerative medicine. (f) Transparency; reporting requirements (1) Transparency The Council shall adopt procedures to ensure the receipt of public input, such as holding public stakeholder meetings or creating advisory boards. (2) Annual reports The Council shall submit an annual report on its activities to the Congress, the Director of the National Institutes of Health, and the Commissioner of Food and Drugs. Each such report shall— (A) provide details on progress in meeting goals identified by the Council for regenerative medicine; (B) make recommendations regarding funding, regulatory, or other policies to achieve regenerative medicine goals identified by the Council; (C) identify all regenerative medicine products currently on the market and those in development; (D) identify regenerative medicine research and technological advances and discoveries that occurred in the previous year; and (E) assess the impact of regenerative medicine on the Nation’s economy, including with respect to— (i) the number of people employed in companies or research institutions working in regenerative medicine; (ii) the number of companies pursuing regenerative medicine products; (iii) increases in tax revenues; and (iv) the impact on national health spending. 5. Grants for basic or preclinical research into regenerative medicine (a) Grants for basic or preclinical research The Secretary may make grants to eligible entities for the purpose of funding basic or preclinical research into regenerative medicine. (b) Conditions The Secretary may make a grant under this section for research only if— (1) the research is carried out directly by the grant recipient; (2) the research is partly funded by one or more private entities; and (3) the amount of the grant does not exceed the total amount provided for the research by private entities (other than the grant recipient itself). (c) Terms and conditions A grant under this section may be made on such terms and conditions as the Secretary determines appropriate. (d) Priority In awarding grants under this section, the Secretary shall take into consideration the priorities established by the Regenerative Medicine Coordinating Council under section 4(e). (e) Definitions In this section: (1) The term eligible entity means a nonprofit entity or an institution of higher education. (2) The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) The term nonprofit entity means an entity that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ); and (B) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(a) ). (4) The term Secretary means the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health. 6. Grants for development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine (a) Grants for drug development The Secretary may make grants to eligible entities for the purpose of funding projects that have as their aim— (1) the research and development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; and (2) the making of an investigational new drug application with respect to such drugs or biological products, or the making of an investigational device exemption application with respect to such devices, by not later than the end of the 4-year period beginning on the date on which such grant is made. (b) Terms and conditions A grant under this section may be made on such terms and conditions as the Secretary determines appropriate. (c) Priority In awarding grants under this section, the Secretary shall take into consideration the priorities established by the Regenerative Medicine Coordinating Council under section 4(e). (d) Definitions In this section: (1) The term biological product has the meaning given the term in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (2) The terms drug and medical device have the meanings given to the terms drug and device , respectively, in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (3) The term eligible entity means a collaborative partnership including— (A) a qualified nonprofit entity or an institution of higher education; and (B) a for-profit entity. (4) The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) The term investigational new drug application means an investigational new drug application that is made to the Food and Drug Administration under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 505(i)). (6) The term investigational device exemption application means an application for an investigational device exemption that is made to the Food and Drug Administration under section 520(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360j(g) ). (7) The term qualified nonprofit entity means an entity that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ); and (B) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(a) ). (8) The term Secretary means the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health. 7. Supporting innovation in regenerative medicine through cures acceleration network Section 480 of the Public Health Service Act ( 42 U.S.C. 287a ) is amended— (1) in subsection (d), by adding at the end the following: (7) Collaboration With respect to activities of the Board relating to medical products and behavioral therapies for use in regenerative medicine, the Board shall collaborate with the Regenerative Medicine Coordinating Council. ; and (2) in subsection (e)(3), by adding at the end the following: (D) The cures acceleration awards with respect to products and therapies for use in regenerative medicine The Director of NIH may, without regard to subparagraphs (A), (B), and (C), provide assistance under paragraph (1) with respect to medical products and behavioral therapies for use in regenerative medicine, including assistance— (i) to perform clinical trials under a protocol approved by the Commissioner of Food and Drugs or studies which use good manufacturing practice or good laboratory practice procedures and the data from which are intended for inclusion in an investigational new drug application or an investigational device exemption application; or (ii) to perform basic research or preclinical studies in regenerative medicine the data from which are not intended for inclusion in an investigational new drug application or an investigational device exemption application. . 8. Funding for Food and Drug Administration research (a) Grants The Secretary may— (1) conduct, support, or collaborate in regulatory research for the purpose of assisting the Food and Drug Administration to perform its functions with respect to regenerative medicine; or (2) make grants to fund regulatory research for such purpose. (b) Definitions In this section: (1) The term regulatory research means research regarding development, evaluation, and availability of new or improved tools, methods, standards, and applied science that support a better understanding and improved evaluation of product safety, quality, effectiveness, and manufacturing throughout the product life cycle. (2) The term Secretary means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.
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113-hr-4495
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I 113th CONGRESS 2d Session H. R. 4495 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Forbes (for himself and Ms. Hanabusa ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To strengthen the United States commitment to the security and stability of the Asia-Pacific region, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Asia-Pacific Region Priority Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Congressional defense committees. Title I—Matters relating to the Department of Defense Sec. 101. Report on Department of Defense munitions strategy for United States Pacific Command. Sec. 102. Establishment of Department of Defense unmanned systems office. Sec. 103. Independent assessment on countering anti-access and area-denial capabilities in the Asia-Pacific region. Sec. 104. Assessment of the maritime balance of forces in the Asia-Pacific region. Sec. 105. Missile defense cooperation. Sec. 106. Department of Defense Space Security and Defense Program. Sec. 107. Space situational awareness. Sec. 108. Sense of Congress on access to training ranges within United States Pacific Command area of responsibility. Sec. 109. Sense of Congress on Pohakuloa Training Area in Hawaii. Sec. 110. Special easement acquisition authority, Pacific Missile Range Facility, Barking Sands, Kauai, Hawaii. Title II—Matters relating to foreign nations Sec. 201. Statement of policy on maritime disputes in the Asia-Pacific region. Sec. 202. Sense of Congress reaffirming security commitment to Japan. Sec. 203. Report on opportunities to strengthen relationship between the United States and the Republic of Korea. Sec. 204. Maritime capabilities of Taiwan and its contribution to regional peace and stability. Sec. 205. Modifications to annual report on military and security developments involving the People’s Republic of China. 2. Sense of Congress (a) Findings Congress finds the following: (1) The United States has a national interest in maintaining the stability and security of the global commons in the Asia-Pacific region. (2) In October 2011, Secretary of State Hillary Clinton laid out an enduring vision for continued United States involvement in the Asia-Pacific region throughout the coming century through strengthened security alliances, deeper relations with emerging powers, broader engagement with regional multilateral institutions, greater trade and investment, a broad-based security posture, and the pursuit of democracy and protection of human rights. (3) In November 2011, President Barack Obama stated before the Australian Parliament that the United States will stand for security as the foundation of peace and prosperity, the rights and responsibilities of all nations and people, international law enforcing agreements and norms, freedom of commerce and navigation, integration of emerging powers into a regional security architecture, and the peaceful resolution of disputes. (4) In January 2012, the Defense Strategic Guidance, released by the Department of Defense, emphasized the importance of the Asia-Pacific region, citing U.S. economic and security interests are inextricably linked to developments in the arc extending from the Western Pacific and East Asia into the Indian Ocean region and South Asia, and accordingly, we will of necessity rebalance toward the Asia-Pacific region . (5) In June 2012, Secretary of Defense Leon Panetta reaffirmed at the Shangri-La Dialogue that the United States remains committed to the principles of open and free commerce, a just international order that emphasizes rights and responsibilities of all nations and a fidelity to the rule of law, open access by all to the shared domains of sea, air, space, and cyberspace, and the resolution of disputes without coercion or the use of force. (6) The United States relationships with its treaty allies in the Asia-Pacific region, including Japan, the Republic of Korea, Australia, the Philippines, and Thailand, are at the heart of United States policy and engagement in the region, and these countries share a common approach to supporting peace and stability, freedom of navigation, and other internationally lawful uses of sea and airspace in the region. (7) The United States continues to work with these and other regional countries on a range of transnational security and humanitarian issues, including countering the proliferation of weapons of mass destruction, encouraging the peaceful resolution of territorial disputes, responding to and mitigating humanitarian disasters, halting the illicit trafficking of people, drugs, and weapons, coordinating to monitor and combat the risk of pandemic disease, and fighting the disruptive activities of state and non-state actors for the betterment of regional stability and prosperity. (8) The United States military continues to work closely with the armed forces of these and other regional countries to maintain vigilance against threats to the global commons and international order, deter against acts of aggression, and field capabilities to mitigate risks to allied and partner states in the Asia-Pacific region. (9) Security shifts in the Asia-Pacific region over the past decade have prompted a reassessment of the forces and capabilities necessary to provide domain awareness, credible deterrence, and effective defense in future decades to uphold the United States security commitments to the region and to maintain regional stability. (10) As provided in written testimony to the Committee on Armed Services of the House of Representatives in March 2014, Admiral Samuel Locklear, Commander of U.S. Pacific Command, noted that, North Korea remains our most dangerous and enduring challenge … North Korea’s pursuit of nuclear weapons and ballistic missiles, in contravention of its international obligations, constitutes a significant threat to peace and security on the Korean Peninsula and in Northeast Asia. . (11) As provided in written testimony to the Committee on Armed Services of the House of Representatives in November 2013, Dr. Larry Wortzel, Commissioner, United States–China Economic and Security Review Commission, noted that, China’s military, the People’s Liberation Army (PLA), is undergoing an extensive modernization program that presents significant challenges to U.S. security interests in Asia. . (12) As Under Secretary of Defense for Acquisition, Technology and Logistics, Mr. Frank Kendall, testified before the Committee on Armed Services of the House of Representatives on January 28, 2014, Anti-access aerial denial capabilities that concern us cover a range of conventional capabilities. In the case of China in particular, for example, they include space control investments, offense cyber capabilities, conventional ballistic and cruise missiles with precision-seekers designed both fixed land installations and surface ships, including aircraft carriers; air-to-air capabilities, including fifth-generation fighters, long-range missiles with advance technologies seekers, and electronic warfare systems. . (b) Sense of congress It is the sense of Congress that— (1) the security, stability, and prosperity of the Asia-Pacific region is vital to United States national interests; (2) security and stability, largely provided by United States forces and their forward presence, underwrite United States national interests in the Asia-Pacific region; (3) the United States remains unwavering in its commitment and support for allies and partners in the Asia-Pacific region; (4) efforts by the Department of Defense to realign forces, commit additional assets, and increase investments to the Asia-Pacific region are welcome signs of the United States continued commitment to the region; (5) to counter anti-access and area-denial capabilities, deter regional aggression, assure allies and partners, sustain military balance in the Asia-Pacific region, and enable more effective operations in contested and denied environments, the Department of Defense will need to— (A) develop new concepts and initiatives, such as Air-Sea Battle (ASB) and the Strategic Capabilities Office (SCO); (B) invest in a new generation of military capabilities, in areas such as undersea warfare, power-projection, munitions, amphibious capabilities, resilient space architectures, and missile defenses; and (C) nurture technologies, in areas such as electromagnetics, directed energy, hypersonics, and electronic warfare; and (6) the development of regional institutions and bodies, including the Association of Southeast Asian Nations (ASEAN) Regional Forum, the ASEAN Defense Minister’s Meeting, the East Asia Summit, and the expanded ASEAN Maritime Forum, should be supported to build practical cooperation in the Asia-Pacific region and reinforce the role of international law. 3. Congressional defense committees In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. I Matters relating to the Department of Defense 101. Report on Department of Defense munitions strategy for United States Pacific Command (a) Report required Not later than April 1, 2015, the Secretary of Defense shall submit to the congressional defense committees a report on the munitions strategy for the United States Pacific Command, including an identification of munitions requirements, an assessment of munitions gaps and shortfalls, and necessary munitions investments. Such strategy shall cover the 10-year period beginning with 2015. (b) Elements The report on munitions strategy required by subsection (a) shall include the following: (1) An identification of current and projected munitions requirements, by class or type. (2) An assessment of munitions gaps and shortfalls, including a census of current munitions capabilities and programs, not including ammunition. (3) A description of current and planned munitions programs, including with respect to procurement, research, development, test and evaluation, and deployment activities. (4) Schedules, estimated costs, and budget plans for current and planned munitions programs. (5) Identification of opportunities and limitations within the associated industrial base. (6) Identification and evaluation of technology needs and applicable emerging technologies, including with respect to directed energy, rail gun, and cyber technologies. (7) An assessment of how current and planned munitions programs, and promising technologies, may affect existing operational concepts and capabilities of the military departments or lead to new operational concepts and capabilities. (8) An assessment of programs and capabilities by other countries to counter the munitions programs and capabilities of the Armed Forces of the United States, not including with respect to ammunition, and how such assessment affects the munitions strategy of each military department. (9) Any other matters the Secretary determines appropriate. (c) Form The report under subsection (a) may be submitted in classified or unclassified form. 102. Establishment of Department of Defense unmanned systems office (a) Policy It is the policy of the United States to maintain an independent organization within the Department of Defense to develop and coordinate the unmanned air, land, and sea capabilities of the United States to ensure unity of effort and the prudent allocation of resources in accordance with military needs. (b) Establishment (1) In general Chapter 4 of title 10, United States Code, is amended by adding at the end the following next section: 145. Director of Defense Unmanned Systems (a) Appointment (1) There is a Director of Defense Unmanned Systems in the Office of the Secretary of Defense, who shall be appointed by the Secretary of Defense and who shall report directly to the Deputy Secretary of Defense. (2) The Director shall be a member of the Senior Executive Service or a general officer or flag officer. (b) Responsibilities The Director of Defense Unmanned Systems shall serve as— (1) the principal advisor to both the Secretary of Defense and Deputy Secretary of Defense on matters relating to unmanned systems described in subsection (c); and (2) the principal Department of Defense liaison to other Federal agencies, the defense industry, and centers of research on such matters. (c) Matters described The Director shall advise the Secretary and Deputy Secretary on, at a minimum, following: (1) Policy and oversight of all matters related to unmanned systems within the Department of Defense, including the Office of the Secretary of Defense, the military departments, the Joint Staff, the combatant commands, and the Defense Agencies. (2) Coordination of acquisition and research, development, technology, and engineering efforts relating to the development, experimentation, and fielding of unmanned systems to ensure unity of effort and interagency awareness of emerging capabilities. (3) Recommendations regarding budget matters pertaining to unmanned systems programs and resources across the military departments. (4) Recommendations, in collaboration with the Joint Staff and other strategic planning offices, to integrate unmanned systems with existing operational concepts and determining new concepts enabled by advances in unmanned capabilities, including— (A) advanced intelligence, surveillance, and reconnaissance opportunities; (B) new or greater roles in power projection responsibilities; (C) support for deterrence posture and capabilities; (D) cost imposition strategies; (E) force protection; and (F) compliance with the requirements set forth in 142 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 119 Stat. 3164), as amended by section 141 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 120 Stat. 2116), including the unmanned systems roadmap, which includes a technology appendix clarifying key areas for Department of Defense research, development, testing, and evaluation and areas to encourage independent research and development investment by private companies. (d) Unmanned systems defined In this section, the term unmanned systems means platforms without human occupants that are directed by some combination of human input or autonomous function and that are used in furtherance of military objectives. . (2) Clerical amendment The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: 145. Director of Defense Unmanned Systems. . 103. Independent assessment on countering anti-access and area-denial capabilities in the Asia-Pacific region (a) Assessment required (1) In general The Secretary of Defense shall enter into an agreement with an independent entity to conduct an assessment of anti-access and area-denial capabilities that pose a threat to the United States and its allies and partners in the Asia-Pacific region and strategies to mitigate such threats. (2) Matters to be included The assessment required under paragraph (1) shall include— (A) identification of anti-access and area-denial capabilities; (B) assessment of gaps and shortfalls in the ability of the United States to address anti-access and area-denial capabilities identified under subparagraph (A) and plans of the Department of Defense to address such gaps and shortfalls; (C) assessment of Department of Defense strategies to effectively deter aggression in the Asia-Pacific region; and (D) any other matters the independent entity determines to be appropriate. (b) Report required (1) In general Not later than March 1, 2015, the Secretary of Defense shall submit to the congressional defense committees a report that includes the assessment and strategies required under subsection (a) and any other matters the Secretary determines to be appropriate. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex if necessary. (c) Department of defense support The Secretary of Defense shall provide the independent entity described in subsection (a) with timely access to appropriate information, data, and analysis so that the entity may conduct a thorough and independent assessment as required under subsection (a). 104. Assessment of the maritime balance of forces in the Asia-Pacific region (a) Assessment required (1) In general The Director of the Office of Net Assessment of the Department of Defense shall conduct an assessment of the maritime balance of forces in the Asia-Pacific region for the 10-year period beginning on the date of the initiation of the assessment, with a focus on the Chinese People’s Liberation Army and State Oceanic Administration. (2) Matters to be included The assessment required under paragraph (1) shall include the following: (A) An identification and projection of maritime balance of forces in the Asia-Pacific region based on— (i) a thorough assessment of the military capabilities, readiness, and strategies of each assessed state; and (ii) current and planned United States security initiatives and acquisition efforts, in comparison with the efforts of regional states. (B) The implications of pursuing such strategies for the United States defense posture, to include capabilities, force posture, and the role of allies and partners. (b) Report required (1) In general Not later than March 1, 2015, the Director of the Office of Net Assessment shall submit to the congressional defense committees a report that includes the assessment required under subsection (a). (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex if necessary. 105. Missile defense cooperation (a) Sense of Congress It is the sense of Congress that— (1) Admiral Samuel Locklear, Commander of the United States Pacific Command, testified before the Committee on Armed Services of the House of Representatives on March 5, 2014, that in the spring of 2013, North Korea conducted another underground nuclear test, threatened the use of a nuclear weapon against the United States, and concurrently conducted a mobile missile deployment of an Intermediate Range Ballistic Missile, reportedly capable of ranging our western most U.S. territory in the Pacific. ; (2) General Curtis Scaparrotti, Commander of the United States Forces Korea, testified before such committee on April 2, 2014, that CFC [Combined Forces Command] is placing special emphasis on missile defense, not only in terms of systems and capabilities, but also with regard to implementing an Alliance counter-missile strategy required for our combined defense. ; and (3) increased emphasis and cooperation on missile defense among the United States, Japan, and the Republic of Korea, enhances the security of allies of the United States in Northeast Asia, increases the defense of forward-based forces of the United States, and enhances the protection of the United States. (b) Assessment Required The Secretary of Defense shall conduct an assessment to identify opportunities for increasing missile defense cooperation among the United States, Japan, and the Republic of Korea, and to evaluate options for short-range missile, rocket, and artillery defense capabilities. (c) Elements The assessment under subsection (b) shall include the following: (1) Candidate areas for increasing missile defense cooperation, including greater information sharing, systems integration, and joint operations. (2) Potential challenges and limitations to enabling such cooperation and plans for mitigating such challenges and limitations. (3) An assessment of the utility of short-range missile defense and counter-rocket, artillery, and mortar system capabilities, including with respect to— (A) the requirements for such capabilities to meet operational and contingency plan requirements in Northeast Asia; (B) cost, schedule, and availability; (C) technology maturity and risk; and (D) consideration of alternatives. (d) Briefing Required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the assessment under subsection (b). 106. Department of Defense Space Security and Defense Program (a) Sense of Congress It is the Sense of Congress that— (1) critical United States national security space systems are facing a serious growing foreign threat; (2) the People’s Republic of China and the Russian Federation are both developing capabilities to disrupt the use of space by the United States in a conflict, as recently outlined by the Director of National Intelligence in testimony before Congress; and (3) a fully developed multi-faceted space security and defense program is needed to deter and defeat any adversaries’ acts of space aggression. (b) Report on ability of the United States To deter and defeat adversary space aggression Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing an assessment of the ability of the Department of Defense to deter and defeat any act of space aggression by an adversary. (c) Study on alternative defense and deterrence strategies in response to foreign counterspace capabilities (1) Study required The Secretary of Defense, acting through the Office of Net Assessment, shall conduct a study of potential alternative defense and deterrent strategies in response to the existing and projected counterspace capabilities of China and Russia. Such study shall include an assessment of the congruence of such strategies with the current United States defense strategy and defense programs of record, and the associated implications of pursuing such strategies. (2) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the results of the study required under paragraph (1). 107. Space situational awareness (a) Findings Congress finds the following: (1) As General William Shelton testified before the Committee on Armed Services of the House of Representatives on April 3, 2014, [Space Situational Awareness] underpins everything we do in space . (2) At the same hearing, Lieutenant General John Raymond, Commander, Joint Functional Component Command for Space, further testified that, Space Situational Awareness (SSA) is fundamental to effective operation and defense of our capabilities. SSA allows us to maintain the current and predictive knowledge of the space domain and the operational environment upon which space operations depend. We rely on SSA to provide timely and accurate warning to alert national and military leaders and our partners of impending threats and hostile actions. . (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of Defense $10,000,000 for fiscal year 2015 for research, development, test, and evaluation, Air Force, for enhancing the space situational awareness capabilities of the Air Force. Such authorization is in addition to any other authorization of appropriations for the Secretary for such fiscal year. 108. Sense of Congress on access to training ranges within United States Pacific Command area of responsibility (a) Findings Congress makes the following findings: (1) Reliable access to military training ranges is an essential component of military readiness. (2) The training opportunities provided by military training ranges are critical to maintaining the technical and operational superiority of the Armed Forces. (3) The 2014 Quadrennial Defense Review states that the operational readiness of the Armed Forces hinges on unimpeded access to land, air, and sea training and test space. (4) A number of critical military training ranges are located within the United States Pacific Command area of responsibility. (5) Due to the tyranny of distance in the Asia-Pacific region, there are significant challenges in transporting equipment and personnel to the various military training ranges within the United States Pacific Command area of responsibility. (6) The Department of Defense continues a number of efforts aimed at preserving military training ranges, while also minimizing the environmental effects of training activities. (7) The Department of Defense has a variety of authorities that may be used to mitigate encroachment on military testing and training missions. (b) Sense of congress In light of the findings specified in subsection (a), it is the sense of Congress that the Secretary of Defense should— (1) ensure that members of the Armed Forces continue to have reliable access to military training ranges; (2) optimize the use of multilateral, joint training facilities overseas in order to increase readiness and interoperability with allies and partners of the United States; (3) utilize a full range of assets, including both air- and sea-based assets, to improve accessibility to military training areas within the United States Pacific Command area of responsibility; (4) provide stable budget authority for long-term investment in range and test center infrastructure, prioritizing those within the United States Pacific Command area of responsibility; and (5) take appropriate action to identify and mitigate encroachment or other challenges that have the potential to impact access or operations on military training ranges. 109. Sense of Congress on Pohakuloa Training Area in Hawaii (a) Findings Congress makes the following findings: (1) The Pohakuloa Training Area in Hawaii is a premier military training area in the Pacific region, providing units from all United States military services, as well as militaries of allies and partners with realistic joint and combined arms training opportunities not found elsewhere in the world. (2) The 2014 Quadrennial Defense Review states that United States forces in the Asia-Pacific region will resume regular bilateral and multilateral training exercises, pursue increased training opportunities to improve capabilities and capacity of partner nations, as well as support humanitarian, disaster relief, counterterrorism, and other operations that contribute to the stability of the region. . (3) There are significant challenges in transporting equipment and personnel to the Pohakuloa Training Area from the Island of Oahu, where all United States Pacific Command service components are permanently based. (b) Sense of congress In light of the findings specified in subsection (a), it is the sense of Congress that the Secretary of Defense should— (1) maximize the use of the Pohakuloa Training Area in Hawaii by all Armed Forces components, and increase its use for bilateral and multilateral exercises with regional allies and partners; (2) utilize a full range of assets to improve access to the Training Center, including both air- and sea-based assets such as inactive Joint High Speed Vessels; (3) invest in capabilities and modest improvements to lower the cost of access to the Training Center, such as construction of a C–17 capable runway; and (4) take appropriate action to leverage existing authorities and programs, as well as work with the State of Hawaii and municipalities to leverage their authorities, to address any challenges that have the potential to impede future access to or operations on military training ranges. 110. Special easement acquisition authority, Pacific Missile Range Facility, Barking Sands, Kauai, Hawaii (a) Easement acquisition authority Subject to subsection (d), the Secretary of the Navy may use the authority provided by section 2684a of title 10, United States Code, to acquire from willing sellers easements and other interests in real property in the vicinity of the Pacific Missile Range Facility, Barking Sands, Kauai, Hawaii, for the purpose of— (1) limiting encroachments on military training, testing, and operations at that installation; or (2) facilitating such training, testing, and operations. (b) Eligible entities Notwithstanding subsection (c) of section 2684a of title 10, United States Code, the Secretary may enter into an agreement authorized by such section with any private entity for the acquisition of an easement or other interest in real property in the vicinity of the Pacific Missile Range Facility, Barking Sands. (c) Consideration As consideration for the acquisition of an easement or other interest in real property under this section, the Secretary of the Navy may not pay an amount in excess of the fair market value of the interest to be acquired. (d) Conditions on use of authority (1) No use of condemnation An easement or other interest in real property may be acquired under this section only from a willing seller. (2) No acquisition of complete title Nothing in this section shall be construed to permit the Secretary of the Navy to use this section as authority to acquire all right, title, and interest in and to real property in the vicinity of the Pacific Missile Range Facility, Barking Sands. (e) Vicinity defined In this section, the term vicinity means the area within 30 miles of the boundaries of the Pacific Missile Range Facility, Barking Sands. II Matters relating to foreign nations 201. Statement of policy on maritime disputes in the Asia-Pacific region (a) Findings Congress finds the following: (1) The United States has a national interest in maintaining freedom of navigation, freedom of the seas, respect for international law, and unimpeded lawful commerce, including in the East China and South China Seas. (2) There has been an unprecedented increase in aggressive actions by the Government of the People’s Republic of China in the East China Sea, to include— (A) dangerous activities by Chinese maritime agencies in areas near the Senkaku islands, including the intrusion of between 6 and 25 Chinese ships into Japanese administered territory in the East China Sea each month since September 2012, between 26 and 124 ships into the contiguous zone in the same time period, and 9 ships into Japanese administered territory and 33 ships into the contiguous zone in February 2014; and (B) a unilateral declaration on November 23, 2013, without prior consultations with the United States, Japan, the Republic of Korea, or other nations of the Asia-Pacific region, of an Air Defense Identification Zone (ADIZ) in the East China Sea. (3) In recent years, there have also been numerous dangerous and destabilizing incidents in the South China Sea, specifically in waters near the coasts of the Philippines, the People’s Republic of China, Malaysia, and Vietnam, where the use of coercion, intimidation, and military force by claimants seeking to change the status quo have raised tensions in the region. Such unilateral actions include— (A) continued restrictions on access to Scarborough Reef and pressure on long-standing Philippine presence at the Second Thomas Shoal by the People’s Republic of China; (B) establishing hydrocarbon blocks up for bid in areas that are under dispute; (C) announcing administrative and military districts in contested areas in the South China Sea; and (D) imposing new fishing regulations covering disputed areas. (4) On December 5, 2013, the USS Cowpens was lawfully operating in international waters in the South China Sea when a People’s Liberation Army Navy vessel crossed its bow at a distance of less than 500 yards and stopped in the water, forcing the USS Cowpens to take evasive action to avoid a collision. Such action appears contrary to the international legal obligations of the People’s Republic of China under International Regulations for Preventing Collisions at Sea (COLREGs). (5) The increasing frequency and assertiveness of patrols and competing regulations over disputed territory and maritime areas and airspace in the South China Sea and the East China Sea are raising tensions and increasing the risk of miscalculation and confrontation. (6) The Association of Southeast Asian Nations (ASEAN) has promoted multilateral talks on disputed areas without settling the issue of sovereignty, and in 2002 joined with the People’s Republic of China in signing a Declaration on the Conduct of Parties in the South China Sea that committed all parties to those territorial disputes to reaffirm their respect for and commitment to the freedom of navigation in and over flight above the South China Sea as provided for by the universally recognized principles of international law and to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force . (7) The United States Government has a clear interest in the peaceful diplomatic resolution of disputed maritime claims in accordance with international law and is firmly opposed to coercion, intimidation, threats, or the use of force. (b) Statement of policy The United States— (1) reaffirms its unwavering commitment and support for allies and partners in the Asia-Pacific region, and for the longstanding United States policy that Article V of the United States-Japan Mutual Defense Treaty applies to the Japanese-administered Senkaku Islands; (2) opposes claims that impinge on the rights, freedoms, and lawful use of the sea that belong to all nations and urges all parties to refrain from engaging in destabilizing activities, including illegal occupation or efforts to unlawfully assert administration over disputed claims; (3) supports the development of regional institutions and bodies, including the Association of Southeast Asian Nations (ASEAN) Regional Forum, the ASEAN Defense Minister’s Meeting Plus, the East Asia Summit, and the expanded ASEAN Maritime Forum, to increase regional cooperation and ensure that disputes are managed without intimidation, coercion, or force; and (4) continues United States military operations in, and transit through, international waters and airspace in the Asia-Pacific region, in accordance with established principles and practices of international law. 202. Sense of Congress reaffirming security commitment to Japan It is the sense of Congress that— (1) the United States highly values its alliance with the Government of Japan as a cornerstone of peace and security in the region, based on shared values of democracy, the rule of law, free and open markets, and respect for human rights in order to promote peace, security, stability, and economic prosperity in the Asia-Pacific region; (2) the United States welcomes Japan’s determination to contribute more proactively to regional and global peace and security; (3) the United States supports recent increases in Japanese defense funding, adoption of a National Security Strategy, formation of security institutions such as the Japanese National Security Council, re-examination of the legal basis for its security including the matter of exercising its right of collective self-defense and other moves that will enable Japan to bear even greater alliance responsibilities; (4) the United States and Japan should continue to improve joint interoperability and collaborate on developing future capabilities with which to maintain regional stability in an increasingly uncertain security environment; (5) the United States and Japan should continue efforts to strengthen regional multilateral institutions that promote economic and security cooperation based on internationally accepted rules and norms; (6) the United States acknowledges that the Senkaku Islands are under the administration of Japan and opposes any unilateral actions that would seek to undermine such administration, affirms that unilateral actions of a third party will not affect the United States acknowledgment of the administration of Japan over the Senkaku Islands, and remains committed under the Treaty of Mutual Cooperation and Security to respond to any armed attack in the territories under the administration of Japan; and (7) the United States reaffirms its commitment to the Government of Japan under Article V of the Treaty of Mutual Cooperation and Security that [e]ach Party recognizes that an armed attack against either Party in the territories under the administration of Japan would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional provisions and processes . 203. Report on opportunities to strengthen relationship between the United States and the Republic of Korea (a) Sense of Congress It is the sense of Congress that— (1) the United States and the Republic of Korea have forged a strong security alliance over the last 60 years; (2) the alliance has been strengthened in joint missions to fight the global war on terror and has been further bolstered through a continuous trend of meaningful sales of United States military hardware to Korea; (3) the relationship between the two countries was further solidified in 2011 through the United States–Korea Free Trade Agreement which has led to growth in trade of goods and services; and (4) additional opportunities should be identified to ensure that this relationship continues to grow in the long term and more closely reflects United States relationships with other free trade agreement partner countries. (b) Report required Not later than October 1, 2014, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives, a report on opportunities to further strengthen the relationship between the United States and the Republic of Korea with an emphasis on matters relating to security and trade. 204. Maritime capabilities of Taiwan and its contribution to regional peace and stability (a) Report required Not later than April 1, 2016, the Secretary of Defense shall, in consultation with the Chairman of the Joint Chiefs of Staff, submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on— (1) the maritime balance of forces between the People’s Republic of China and Taiwan; and (2) the posture and readiness of the navy of Taiwan to respond to an attack or other contingency against the territory of Taiwan. (b) Elements The report under subsection (a) shall include the following: (1) A description and assessment of the posture and readiness of elements of the Chinese People’s Liberation Army expected or available to threaten the maritime or territorial security of Taiwan, including an assessment of— (A) the undersea and surface warfare capabilities of the People’s Liberation Army Navy in the littoral areas in and around the Taiwan Strait; (B) the amphibious and heavy sealift capabilities of the People’s Liberation Army Navy; (C) the capabilities of the People’s Liberation Army Air Force to establish air dominance over Taiwan; and (D) the capabilities of the People’s Liberation Army Second Artillery Corps to suppress or destroy the forces of Taiwan necessary to defend the security of Taiwan. (2) A description and assessment of the posture and readiness of elements of the armed forces of Taiwan expected or available to maintain the maritime or territorial security of Taiwan, including an assessment of— (A) the undersea and surface warfare capabilities of the navy of Taiwan; (B) the land-based anti-ship cruise missile capabilities of Taiwan; and (C) other anti-access or area-denial capabilities, such as mines, that contribute to the deterrence of Taiwan against actions taken to determine the future of Taiwan by other than peaceful means. (c) Form The report required by subsection (a) may be submitted in classified or unclassified form. (d) Sense of congress It is the sense of Congress that— (1) the United States, in accordance with the Taiwan Relations Act ( Public Law 96–8 ), should continue to make available to Taiwan such defense articles and services as may be necessary to enable Taiwan to maintain a sufficient self-defense capability; (2) the growth and modernization of the People’s Liberation Army, including its focus on preparing for potential conflict in the Taiwan Strait [which] appears to remain the principal focus and primary driver of China’s military investment , as noted in the 2013 Office of the Secretary of Defense Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China, requires greater attention to the needed defense capabilities of Taiwan; and (3) the United States should consider opportunities to help enhance the maritime capabilities and nautical skills of the Taiwanese navy that can contribute to Taiwan’s self-defense and to regional peace and stability, in areas such as humanitarian assistance and disaster relief operations, including extending an invitation to Taiwan to participate in the 2014 Rim of the Pacific international maritime exercise. 205. Modifications to annual report on military and security developments involving the People’s Republic of China (a) Matters To be included Subsection (b) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 ; 113 Stat. 781; 10 U.S.C. 113 note) is amended— (1) by redesignating paragraphs (10) through (20) as paragraphs (11) through (21), respectively; and (2) by inserting after paragraph (9) the following: (10) The developments in maritime law enforcement capabilities and organization of the People’s Republic of China, focusing on activities in contested maritime areas in the South China Sea and East China Sea. Such analyses shall include an assessment of the nature of China’s maritime law enforcement activities directed against United States allies and partners. Such maritime activities shall include activities originating or suspect of originating from China and shall include government and nongovernment activities that are believed to be sanctioned or supported by the Chinese government. . (b) Effective Date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to reports required to be submitted under subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000, as so amended, on or after that date.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4495ih/xml/BILLS-113hr4495ih.xml
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113-hr-4496
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I 113th CONGRESS 2d Session H. R. 4496 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Gardner introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish universal access programs to improve high risk pools and reinsurance markets to ensure coverage for individuals with pre-existing conditions, and for other purposes.
1. Short title This Act may be cited as the Covering People With Pre-Existing Conditions Act of 2014 . 2. Establishing universal access programs to improve high risk pools and reinsurance markets for individuals with pre-existing conditions (a) State requirement (1) In general Not later than January 1, 2015, each State shall— (A) subject to paragraph (3), operate— (i) a qualified State reinsurance program described in subsection (b); or (ii) qualifying State high risk pool described in subsection (c)(1); and (B) subject to paragraph (3), apply to the operation of such a program from State funds an amount equivalent to the portion of State funds derived from State premium assessments (as defined by the Secretary) that are not otherwise used on State health care programs. (2) Relation to current qualified high risk pool program (A) States not operating a qualified high risk pool In the case of a State that is not operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act— (i) the State may only meet the requirement of paragraph (1) through the operation of a qualified State reinsurance program described in subsection (b); and (ii) the State’s operation of such a reinsurance program shall be treated, for purposes of section 2745 of the Public Health Service Act, as the operation of a qualified high risk pool described in such section. (B) State operating a qualified high risk pool In the case of a State that is operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act— (i) as of January 1, 2015, such a pool shall not be treated as a qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in subsection (c)(1); and (ii) the State may use premium assessment funds described in paragraph (1)(B) to transition from operation of such a pool to operation of a qualified State reinsurance program described in subsection (b). (3) Application of funds If the program or pool operated under paragraph (1)(A) is in strong fiscal health, as determined in accordance with standards established by the National Association of Insurance Commissioners and as approved by the State Insurance Commissioner involved, the requirement of paragraph (1)(B) shall be deemed to be met. (b) Qualified state reinsurance program (1) In general For purposes of this section, a qualified State reinsurance program means a program operated by a State program that provides reinsurance for health insurance coverage offered in the small group market in accordance with the model for such a program established (as of the date of the enactment of this Act). (2) Form of program A qualified State reinsurance program may provide reinsurance— (A) on a prospective or retrospective basis; and (B) on a basis that protects health insurance issuers against the annual aggregate spending of their enrollees as well as purchase protection against individual catastrophic costs. (3) Satisfaction of HIPAA requirement A qualified State reinsurance program shall be deemed, for purposes of section 2745 of the Public Health Service Act, to be a qualified high risk pool under such section. (c) Qualifying State high risk pool (1) In general A qualifying State high risk pool described in this subsection means a current section 2745 qualified high risk pool that meets the following requirements: (A) The pool must provide at least two coverage options, one of which must be a high deductible health plan coupled with a health savings account. (B) The pool must be funded with a stable funding source. (C) The pool must eliminate any waiting lists so that all eligible residents who are seeking coverage through the pool should be allowed to receive coverage through the pool. (D) The pool must allow for coverage of individuals who, but for the 24-month disability waiting period under section 226(b) of the Social Security Act, would be eligible for Medicare during the period of such waiting period. (E) The pool must limit the pool premiums to no more than 150 percent of the average premium for applicable standard risk rates in that State. (F) The pool must conduct education and outreach initiatives so that residents and brokers understand that the pool is available to eligible residents. (G) The pool must provide coverage for preventive services and disease management for chronic diseases. (2) Verification of citizenship or alien qualification (A) In general Notwithstanding any other provision of law, only citizens and nationals of the United States shall be eligible to participate in a qualifying State high risk pool that receives funds under section 2745 of the Public Health Service Act or this section. (B) Condition of participation As a condition of a State receiving such funds, the Secretary shall require the State to certify, to the satisfaction of the Secretary, that such State requires all applicants for coverage in the qualifying State high risk pool to provide satisfactory documentation of citizenship or nationality in a manner consistent with section 1903(x) of the Social Security Act. (C) Records The Secretary shall keep sufficient records such that a determination of citizenship or nationality only has to be made once for any individual under this paragraph. (3) Relation to section 2745 As of January 1, 2015, a pool shall not qualify as qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in paragraph (1). (d) Waivers In order to accommodate new and innovative programs, the Secretary may waive such requirements of this section for qualified State reinsurance programs and for qualifying State high risk pools as the Secretary deems appropriate. (e) Funding In addition to any other amounts appropriated, there is appropriated to carry out section 2745 of the Public Health Service Act (including through a program or pool described in subsection (a)(1))— (1) $15,000,000,000 for the period of fiscal years 2015 through 2024; and (2) an additional $10,000,000,000 for the period of fiscal years 2020 through 2024. (f) Definitions In this section: (1) Health insurance coverage; health insurance issuer The terms health insurance coverage and health insurance issuer have the meanings given such terms in section 2791 of the Public Health Service Act. (2) Current section 2745 qualified high risk pool The term current section 2745 qualified high risk pool has the meaning given the term qualified high risk pool under section 2745(g) of the Public Health Service Act as in effect as of the date of the enactment of this Act. (3) Secretary The term Secretary means the Secretary of Health and Human Services. (4) Standard risk rate The term standard risk rate means a rate that— (A) is determined under the State high risk pool by considering the premium rates charged by other health insurance issuers offering health insurance coverage to individuals in the insurance market served; (B) is established using reasonable actuarial techniques; and (C) reflects anticipated claims experience and expenses for the coverage involved. (5) State The term State means any of the 50 States or the District of Columbia.
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113-hr-4497
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I 113th CONGRESS 2d Session H. R. 4497 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Gardner introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide tax relief for damages relating to federally declared disasters during September 2013, and for other purposes.
1. Expensing of qualified disaster expenses (a) In general Paragraph (2) of section 198A(b) of the Internal Revenue Code of 1986 is amended— (1) by striking before January 1, 2010 in subparagraph (A) and inserting before January 1, 2010, or during September 2013 , and (2) by striking before such date each place it appears in subparagraphs (B) and (C) and inserting before January 1, 2010, or during September 2013 . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred after August 31, 2013. 2. Increased limitation on charitable contributions for disaster relief (a) Individuals Paragraph (1) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: (F) Qualified disaster contributions (i) In general Any qualified disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 80 percent of the taxpayer's contribution base over the amount of all other charitable contributions allowable under this paragraph. (ii) Carryover If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. (iii) Coordination with other subparagraphs For purposes of applying this subsection and subsection (d)(1), contributions described in clause (i) shall not be treated as described in subparagraph (A) and such subparagraph shall be applied without regard to such contributions. (iv) Qualified disaster contributions For purposes of this subparagraph, the term qualified disaster contribution means any charitable contribution if— (I) such contribution is for relief efforts related to a federally declared disaster (as defined in section 165(h)(3)(C)(i)) which occurs after August 31, 2013, (II) such contribution is made during the period beginning on the applicable disaster date with respect to the disaster described in subclause (I) and ending on December 31, 2014, and (III) such contribution is made in cash to an organization described in subparagraph (A) (other than an organization described in section 509(a)(3)). Such term shall not include a contribution if the contribution is for establishment of a new, or maintenance in an existing, donor advised fund (as defined in section 4966(d)(2)). (v) Applicable disaster date For purposes of clause (iv)(II), the term applicable disaster date means, with respect to any federally declared disaster described in clause (iv)(I), the date on which the disaster giving rise to the Presidential declaration described in section 165(h)(3)(C)(i) occurred. (vi) Substantiation requirement This paragraph shall not apply to any qualified disaster contribution unless the taxpayer obtains from such organization to which the contribution was made a contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for a purpose described in clause (iv)(III). . (b) Corporations (1) In general Paragraph (2) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (C) Qualified disaster contributions (i) In general Any qualified disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 20 percent of the taxpayer's taxable income over the amount of charitable contributions allowed under subparagraph (A). (ii) Carryover If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. (iii) Qualified disaster contribution The term qualified disaster contribution has the meaning given such term under paragraph (2)(F)(iv). (iv) Substantiation requirement This paragraph shall not apply to any qualified disaster contribution unless the taxpayer obtains from such organization to which the contribution was made a contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for a purpose described in paragraph (1)(F)(iv)(III). . (2) Conforming amendments (A) Subparagraph (A) of section 170(b)(2) of such Code is amended by striking subparagraph (B) applies and inserting subparagraphs (B) and (C) apply . (B) Subparagraph (B) of section 170(b)(2) of such Code is amended by striking subparagraph (A) and inserting subparagraphs (A) and (C) . (c) Effective date The amendments made by this section shall apply to contributions after August 31, 2013.
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113-hr-4498
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I 113th CONGRESS 2d Session H. R. 4498 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Griffith of Virginia introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the legitimate use of medicinal marijuana in accordance with the laws of the various States.
1. Short title This Act may be cited as the Legitimate Use of Medicinal Marijuana Act or the LUMMA . 2. Scheduling of marijuana; prescriptions (a) Schedule Marijuana is moved from schedule I of the Controlled Substances Act to schedule II of such Act. (b) Prescription (1) In general In a State in which marijuana may be prescribed by a physician for medical use under applicable State law, no provision of the Controlled Substances Act (21 U.S.C. 801 et seq.) or of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise restrict— (A) the prescription of marijuana by a physician for medical use; (B) an individual who is an authorized patient from obtaining, possessing, transporting within the individual’s State, or using marijuana for that individual’s medical use; (C) an individual authorized under State law to obtain, possess, transport within their State, or manufacture marijuana, from obtaining, possessing, transporting within that State, or manufacturing marijuana pursuant to that authorization; or (D) a pharmacy or other entity authorized under State law to distribute medical marijuana to an authorized patient, from obtaining or possessing marijuana for that purpose, or from distributing marijuana to an authorized patient for medical use. (2) Production No provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) or of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) shall prohibit or otherwise restrict an entity authorized by a State, in which marijuana may be prescribed by a physician for medical use, for the purpose of producing marijuana for prescription by a physician for medical use, from producing, processing, or distributing marijuana for such purpose. 3. Definitions In this Act— (1) the term authorized patient means an individual using marijuana in accordance with a prescription of marijuana by a physician for medical use; (2) the term physician means a practitioner of medicine, who— (A) graduated from a college of medicine or osteopathy; and (B) is licensed by the appropriate State board; (3) the term prescription means an instruction written by a medical physician in accordance with applicable State law that authorizes a patient to be issued with a medicine or treatment; and (4) the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. 4. Relation of Act to certain prohibitions relating to smoking This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public.
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113-hr-4499
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I 113th CONGRESS 2d Session H. R. 4499 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Himes introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require reports submitted to Congress under the Foreign Intelligence Surveillance Act of 1978 to also be submitted to the Privacy and Civil Liberties Oversight Board.
1. Short title This Act may be cited as the Privacy and Civil Liberties Oversight Enhancement Act . 2. Submission of reports under the Foreign Intelligence Surveillance Act of 1978 to the Privacy and Civil Liberties Oversight Board (a) References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (b) Foreign Intelligence Surveillance Court rules Section 103(g)(2) ( 50 U.S.C. 1803(g)(2) ) is amended by adding at the end the following new subparagraph: (H) The Privacy and Civil Liberties Oversight Board. . (c) Report of electronic surveillance Section 107 ( 50 U.S.C. 1807 ) is amended in the matter preceding paragraph (1) by striking Administrative Office of the United States Court and to Congress and inserting Administrative Office of the United States Court, Congress, and the Privacy and Civil Liberties Oversight Board . (d) Oversight of electronic surveillance Section 108 ( 50 U.S.C. 1808 ) is amended— (1) in the heading, by striking Congressional ; and (2) in subsection (a)(1), by striking the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives, the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, and the Privacy and Civil Liberties Oversight Board . (e) Oversight of physical searches Section 306 ( 50 U.S.C. 1826 ) is amended— (1) in the heading, by striking Congressional ; and (2) in the matter preceding paragraph (1)— (A) in the first sentence, by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board ; and (B) in the second sentence, by striking those committees and the Committee on the Judiciary of the House of Representatives and inserting those committees and the Privacy and Civil Liberties Oversight Board . (f) Oversight of pen registers and trap and trace devices Section 406 ( 50 U.S.C. 1846 ) is amended— (1) in the heading, by striking Congressional ; (2) in subsection (a), by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board ; and (3) in subsection (b), by striking the committees referred to in subsection (a) and to the Committees on the Judiciary of the House of Representatives and the Senate and inserting the committees referred to in subsection (a) and the Privacy and Civil Liberties Oversight Board . (g) Oversight of production of certain business records Section 502 ( 50 U.S.C. 1862 ) is amended— (1) in the heading, by striking Congressional ; (2) in subsection (a), by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board ; and (3) in subsection (b), by striking the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence and inserting the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board . (h) Semiannual report of the attorney general Section 601 ( 50 U.S.C. 1871 ) is amended— (1) in subsection (a), by striking and the Committees on the Judiciary of the House of Representatives and the Senate, and inserting the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board ; (2) in subsection (c), by inserting and the Privacy and Civil Liberties Oversight Board after subsection (a) ; and (3) in subsection (d), by inserting and the Privacy and Civil Liberties Oversight Board after subsection (a) . (i) Procedures for targeting certain persons outside the United States other than United States persons Section 702(l) ( 50 U.S.C. 1881a(l) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking ; and and inserting a semicolon; (B) in subparagraph (B)(ii), by striking the period and inserting ; and ; and (C) by adding at the end the following new subparagraph: (C) the Privacy and Civil Liberties Oversight Board. ; (2) in paragraph (2)(D)— (A) in clause (ii), by striking ; and and inserting a semicolon; (B) in clause (iii)(II), by striking the period and inserting ; and ; and (C) by adding at the end the following new clause: (iv) the Privacy and Civil Liberties Oversight Board. ; and (3) in paragraph (3)(C)— (A) in clause (iii), by striking ; and and inserting a semicolon; (B) in clause (iv)(II), by striking the period and inserting ; and ; and (C) by adding at the end the following new clause: (v) the Privacy and Civil Liberties Oversight Board. . (j) Oversight of procedures for targeting certain persons outside the United States other than United States persons Section 707(a) ( 50 U.S.C. 1881f(a) ) is amended— (1) in the heading, by striking Congressional ; and (2) by inserting and the Privacy and Civil Liberties Oversight Board before concerning the implementation of this title .
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113-hr-4500
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I 113th CONGRESS 2d Session H. R. 4500 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Kilmer (for himself, Ms. Tsongas , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To improve the management of cyber and information technology ranges and facilities of the Department of Defense, and for other purposes.
1. Cyber and information technology ranges (a) Management of cyber ranges and facilities Subsection (b) of section 932 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ) is amended— (1) by adding at the end the following new paragraphs: (3) List of cyber and information technology ranges and facilities (A) In general The Principal Cyber Advisor designated under subsection (c)(1) shall establish a comprehensive list of the cyber and information technology ranges and facilities of the Department of Defense. (B) Terminology In establishing the list under subparagraph (A), the Principal Cyber Advisor shall denote whether each cyber and information technology range and facility is— (i) a cyber range , as defined by the Principal Cyber Advisor pursuant to subsection (c)(2)(C); or (ii) an IT range , as defined by the Principal Cyber Advisor pursuant to such subsection. (C) Submission Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015, the Principal Cyber Advisor shall submit to the congressional defense committees the list established under subparagraph (A). (4) Management of systems The Principal Cyber Advisor shall determine, on a case by case basis, whether a cyber and information technology range and facility listed under paragraph (3)(A) should be centrally managed under paragraph (5) to increase efficiency, provide capability or capacity to more elements of the Department of Defense, or both. (5) Coordinating entity (A) Establishment Not later than 270 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015, the Secretary of Defense shall establish an entity, or designate an element of the Department of Defense, to coordinate cyber and information technology ranges and facilities that the Principal Cyber Advisor determines should be centrally managed under paragraph (4). (B) Duties With respect to the cyber and information technology ranges and facilities designated under paragraph (4), the head of the entity established or designated under subparagraph (A) shall be responsible for the following: (i) Managing the cyber and information technology ranges and facilities, including coordinating the scheduling of ranges and facilities. (ii) Identifying and providing guidance to the Secretary with respect to opportunities for integration among the cyber and information technology ranges and facilities regarding testing, training, and developing functions. (iii) Assisting the military departments, the National Guard, and the elements of the Department gain access to the cyber and information technology ranges and facilities. (C) Reports The head of the entity established or designated under subparagraph (A) shall submit to the congressional defense committees— (i) an annual report on the opportunities for cost reduction and improvements to the integration and coordination of the cyber and information technology ranges and facilities; and (ii) by not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015, an initial report on the status, integration efforts, and usage of cyber and information technology ranges and facilities. (6) Cyber and information technology ranges and facilities defined In this subsection, the term cyber and information technology ranges and facilities means cyber ranges, test facilities, test beds, and other means of the Department of Defense for testing, training, and developing software, personnel, and tools for accommodating the mission of the Department. ; and (2) in the heading, by inserting and information technology after Cyber . (b) Common terms (1) In general Subsection (c)(2) of such section is amended by adding at the end the following new subparagraph: (C) Establishing and maintaining a list of terms and definitions with respect to commonly used terms relating to cyber matters to improve the coordination and cooperation among the military departments and among other departments and agencies of the Federal Government. . (2) Establishment In carrying out section 932(c)(2)(C) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ), as added by paragraph (1), the Principal Cyber Advisor shall— (A) establish the list of terms and definitions by not later than 270 days after the date of the enactment of this Act; and (B) use as a basis for such list Joint Publication 1–02, Department of Defense Dictionary of Military and Associated Terms (as amended through 31 January 2011). (c) Pilot program (1) In general The head of the entity established or designated under section 932(b)(5)(A) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ), as added by subsection (a), shall carry out one or more pilot programs to demonstrate commercially available, cloud-based cyber training, exercise, and test environments (both unclassified and classified) that are available to meet the mission of the Department of Defense while providing the defense laboratories, the National Guard, academia, and the private sector access to such training, exercise, and test environments. (2) Evaluation The pilot programs under paragraph (1) shall evaluate the costs and benefits with respect to the following matters: (A) Persistent capability. (B) Remote access. (C) Capability to transfer information across classification levels. (D) Reuse of environments. (E) Routine integration of new technologies. (F) Use of commercially available cloud-based solutions that are compliant with the Federal Risk and Authorization Management Program. (G) Pay-per-use utility pricing model. (H) Any other matters the head determines appropriate. (3) Eligible entities The head shall select, using competitive procedures, defense laboratories and federally funded research and development centers to carry out pilot programs under paragraph (1). (4) Follow-on activities Based on the information learned under the pilot programs under paragraph (1), the Secretary of Defense may carry out any of the following activities: (A) Transition a pilot program to be carried out by the Secretary for operations, maintenance, and continued use by cyber organizations of the Department. (B) Provide persistent year-round accessibility of the environment for continued training during non-exercise periods. (C) Provide a certification quality environment for initial and recurring training of all cyber teams. (D) Replicate the capability of a pilot program to provide similar high-end training and exercise opportunities for non-Department cyber professionals, including in coordination with the Secretary of Homeland Security. (E) Sustain the research and development effort under a pilot program to continue updating network environments, targets and defended assets, and integration of new cyber tools. (F) Sustain technology infusion under a pilot program to apply and evaluate advanced concepts and solutions to problems that affect multiple mission spaces of the Department. (G) Create a library of virtual cyber templates that are ready to be used on short notice without the capital expenditures that would otherwise be required.
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113-hr-4501
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I 113th CONGRESS 2d Session H. R. 4501 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Ms. Kuster 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 adjust the limits on expensing of certain depreciable business assets.
1. Short title This Act may be cited as the Small Business Growth and Investment Act of 2014 . 2. Expensing certain depreciable business assets (a) In general Section 179(b) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1)(C), by striking $25,000 and inserting $250,000 , and (2) in paragraph (2)(C), by striking $200,000 and inserting $800,000 . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-4502
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I 113th CONGRESS 2d Session H. R. 4502 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Attorney General to exempt certain products from the requirements of subsections (d) and (e) of section 310 of the Controlled Substances Act if it is not practical to use such products in the illicit manufacture of methamphetamine.
1. Short title This Act may be cited as the Stop Meth Labs and Enhance Patient Access Act of 2014 . 2. Exemption if it is not practical to use product in illicit manufacture of methamphetamine Section 310(e)(3) of the Controlled Substances Act ( 21 U.S.C. 830(e)(3) ) is amended by striking if the Attorney General determines that the product cannot be used in the illicit manufacture of methamphetamine and inserting if the Attorney General determines that it is not practical by processes known to be employed by clandestine laboratory operators to use the product in the illicit manufacture of methamphetamine .
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113-hr-4503
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I 113th CONGRESS 2d Session H. R. 4503 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Mr. McDermott introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permit the Secretary of the Treasury to issue prospective guidance clarifying the employment status of individuals for purposes of employment taxes and to prevent retroactive assessments with respect to such clarifications.
1. Short title; findings; purposes (a) Short title This Act may be cited as the Fair Playing Field Act of 2014 . (b) Findings Congress makes the following findings: (1) In 1978, Congress was concerned that lack of clarity as to the proper classification of some workers, increased IRS enforcement activity, and retroactive application by IRS of interpretations that were arguably new had caused hardships for some small businesses and other taxpayers and confusion as to the applicable rules. (2) To allow time to develop a comprehensive approach to the problem, Congress enacted section 530 of the Revenue Act of 1978 as an interim measure protecting taxpayers from liability for misclassification if the taxpayer has a reasonable basis for classifying a worker as an independent contractor and meets certain other conditions. In addition, the Act prohibited the Secretary of the Treasury from publishing regulations or revenue rulings on workers’ employment tax status pending the expected near-term enactment of clarifying legislation. (3) During the ensuing 33 years, Congress made section 530 of the Revenue Act of 1978 permanent, however, changes in working relationships and the continued prohibition on new guidance have increased the uncertainty as to the proper classification of workers. (4) Many workers are properly classified as independent contractors. In other instances, workers who are employees are being treated as independent contractors. Such misclassification for tax purposes contributes to inequities in the competitive positions of businesses and to the Federal and State tax gap, and may also result in misclassification for other purposes, such as denial of unemployment benefits, workplace health and safety protections, and retirement or other benefits or protections available to employees. (5) Workers, businesses, and other taxpayers will benefit from clear guidance regarding employment tax status. In the interest of fairness and in view of many service recipients’ reliance on current section 530, such guidance should apply only prospectively. (c) Purposes The purposes of this Act are to permit the Secretary of the Treasury to provide guidance allowing workers and businesses to clearly understand the proper Federal tax classification of workers and to provide relief allowing an orderly transition to new rules designed to increase certainty and uniformity of treatment. 2. Authority to issue guidance clarifying employment status for purposes of employment taxes (a) In general Chapter 25 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 3511. Authority to issue guidance clarifying employment status (a) In general The Secretary shall issue such regulations or other guidance as the Secretary determines to be necessary or appropriate to clarify the proper employment status of individuals for purposes of any tax imposed by this subtitle. (b) Prohibition on retroactive assessments (1) In general If— (A) for purposes of any tax imposed by this subtitle, the taxpayer did not treat an individual as an employee for any period before the reclassification date with respect to such individual, and (B) in the case of periods after December 31, 1978, and before such reclassification date, all Federal tax returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period are filed on a basis consistent with the taxpayer’s treatment of such individual as not being an employee, then, for purposes of applying such taxes for periods before such reclassification date with respect to the taxpayer, the individual shall be deemed not to be an employee unless the taxpayer had no reasonable basis for not treating such individual as an employee. (2) Statutory standards providing one method of satisfying the requirements of paragraph (1) For purposes of paragraph (1), a taxpayer shall in any case be treated as having a reasonable basis for not treating an individual as an employee for a period if the taxpayer’s treatment of such individual for such period was in reasonable reliance on any of the following: (A) Judicial precedent, published rulings, technical advice with respect to the taxpayer, or a letter ruling to the taxpayer. (B) A past Internal Revenue Service audit of the taxpayer in which there was no assessment attributable to the treatment (for purposes of any tax imposed by this subtitle) of the individuals holding positions substantially similar to the position held by such individual. (C) Long-standing recognized practice of a significant segment of the industry in which such individual was engaged. (3) Consistency required in the case of prior tax treatment Paragraph (1) shall not apply with respect to the treatment of any individual (hereafter in this paragraph referred to as the reclassified individual) for purposes of any tax imposed by this subtitle for any period ending after December 31, 1978, if the taxpayer (or a predecessor) has treated any individual holding a substantially similar position as an employee for purposes of any tax imposed by this subtitle for any period beginning after December 31, 1977, and ending before the reclassification date with respect to such reclassified individual. (c) Definitions For purposes of this section— (1) Reclassification date (A) In general The term reclassification date means, with respect to any individual, the earlier of— (i) the first day of the first calendar quarter beginning more than 180 days after the date of an employee classification determination with respect to such individual, or (ii) the effective date of the first applicable final regulation issued by the Secretary under subsection (a) with respect to such individual (or, if later, the first day of the first calendar quarter beginning more than 180 days after such regulation is issued). (B) Employee classification determination The term employee classification determination means, with respect to any individual, a determination by the Secretary, in connection with an audit of the taxpayer which is described in section 7436 and which commences after the date which is 1 year after the date of the enactment of this section, that a class of individuals holding positions with such taxpayer which are substantially similar to the position held by such individual are employees. (C) First applicable final regulation The term first applicable final regulation means, with respect to any individual, the first final regulation (or other guidance of general applicability) which sets forth the factors for determining the employment status of a class of individuals holding positions substantially similar to the position held by such individual. (2) Employment status The term employment status means the status of an individual, under the usual common law rules applicable in determining the employer-employee relationship, as an employee or as an independent contractor (or other individual who is not an employee). (d) Continuation of certain special rules (1) Exception for certain skilled workers Subsection (b) shall not apply in the case of an individual who, pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work. (2) Notice of availability of section An officer or employee of the Internal Revenue Service shall, before or at the commencement of any audit inquiry relating to the employment status of one or more individuals who perform services for the taxpayer, provide the taxpayer with a written notice of the provisions of this section. (3) Rules relating to statutory standards For purposes of subsection (b)(2)— (A) a taxpayer may not rely on an audit commenced after December 31, 1996, for purposes of subparagraph (B) thereof unless such audit included an examination for purposes of any tax imposed by this subtitle whether the individual involved (or any individual holding a position substantially similar to the position held by the individual involved) should be treated as an employee of the taxpayer, (B) in no event shall the significant segment requirement of subparagraph (C) thereof be construed to require a reasonable showing of the practice of more than 25 percent of the industry (determined by not taking into account the taxpayer), and (C) in applying the long-standing recognized practice requirement of subparagraph (C) thereof— (i) such requirement shall not be construed as requiring the practice to have continued for more than 10 years, and (ii) a practice shall not fail to be treated as long-standing merely because such practice began after 1978. (4) Availability of safe harbors Nothing in this section shall be construed to provide that subsection (b) only applies where the individual involved is otherwise an employee of the taxpayer. (5) Burden of proof (A) In general If— (i) a taxpayer establishes a prima facie case that it was reasonable not to treat an individual as an employee for purposes of subsection (b), and (ii) the taxpayer has fully cooperated with reasonable requests from the Secretary, then the burden of proof with respect to such treatment shall be on the Secretary. (B) Exception for other reasonable basis In the case of any issue involving whether the taxpayer had a reasonable basis not to treat an individual as an employee for purposes of subsection (b), subparagraph (A) shall only apply for purposes of determining whether the taxpayer meets the requirements of subparagraph (A), (B), or (C) of subsection (b)(2). (6) Preservation of prior period safe harbor If— (A) an individual would (but for the treatment referred to in subparagraph (B)) be deemed not to be an employee of the taxpayer under subsection (b) for any prior period, and (B) such individual is treated by the taxpayer as an employee for purposes of the taxes imposed by this subtitle for any subsequent period, then, for purposes of applying such taxes for such prior period with respect to the taxpayer, the individual shall be deemed not to be an employee. (7) Substantially similar position For purposes of subsection (b) and this subsection, the determination as to whether an individual holds a position substantially similar to a position held by another individual shall include consideration of the relationship between the taxpayer and such individuals. (8) Treatment of test room supervisors and proctors who assist in the administration of college entrance and placement exams (A) In general In the case of an individual described in subparagraph (B) who is providing services as a test proctor or room supervisor by assisting in the administration of college entrance or placement examinations, subsection (b) shall be applied to such services performed after December 31, 2006 (and remuneration paid for such services), without regard to paragraph (3) thereof. (B) Applicability An individual is described in this subparagraph if the individual— (i) is providing the services described in subsection (b) to an organization described in section 501(c) and exempt from tax under section 501(a), and (ii) is not otherwise treated as an employee of such organization for purposes of this subtitle. (9) Treatment of securities broker dealers In determining for purposes of this title whether a registered representative of a securities broker-dealer is an employee (as defined in section 3121(d)), no weight shall be given to instructions from the service recipient which are imposed only in compliance with investor protection standards imposed by the Federal Government, any State government, or a governing body pursuant to a delegation by a Federal or State agency. (e) Statements to independent contractors (1) In general Each person who contracts for the services of an independent contractor on a regular and ongoing basis, within the scope of such person’s trade or business, shall provide a written statement to such independent contractor notifying such independent contractor of the Federal tax obligations of an independent contractor, the labor and employment law protections that do not apply to independent contractors, and the right of such independent contractor to seek a status determination from the Internal Revenue Service. (2) Independent contractor For purposes of this subsection, the term independent contractor means any individual who is not treated as an employee by the person receiving the services referred to in paragraph (1). (3) Timing of statement Except as otherwise provided by the Secretary, the statement required under paragraph (1) shall be provided within a reasonable period of entering into the contract referred to in paragraph (1). (4) Development of model statement The Secretary shall develop model materials for providing the statement required under paragraph (1). . (b) Reduced penalty not applicable in cases of noncompliance with guidance without reasonable basis Subsection (c) of section 3509 of such Code is amended— (1) by striking if such liability and inserting if— (1) such liability , and (2) by striking the period at the end and inserting , or (2) such liability relates to an individual who is treated as an employee under regulations or other guidance issued by the Secretary under section 3511(a) and the taxpayer lacks a reasonable basis for treating the individual as other than an employee. In the case of a taxpayer which has received a final written determination from the Internal Revenue Service holding that the individual referred to in paragraph (2) (or another individual who holds a position with the taxpayer substantially similar to the position held by such individual) is an employee, such taxpayer shall be treated for purposes of paragraph (2) as lacking a reasonable basis for treating such individual as other than an employee with respect to periods beginning on and after the first day of the first calendar quarter beginning more than 180 days after the date of such written determination unless the taxpayer establishes by clear and convincing evidence that the taxpayer has a reasonable basis for such treatment. . (c) Conforming amendments (1) Paragraph (2) of section 6724(d) of such Code is amended by striking or at the end of subparagraph (GG), by striking the period at the end of subparagraph (HH) and inserting , or , and by inserting after subparagraph (HH) the following new subparagraph: (II) section 3511(e) (relating to statements to independent contractors). . (2) Paragraph (2) of section 7436(a) of such Code is amended by striking subsection (a) of section 530 of the Revenue Act of 1978 and inserting section 3511(b) . (3) The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: Sec. 3511. Authority to issue guidance clarifying employment status. . (d) Termination of section 530 of the Revenue Act of 1978 The Revenue Act of 1978 is amended by striking section 530. (e) Reports on worker misclassification Beginning with the first fiscal year beginning after the date the first regulation or other guidance is issued for public comment under section 3511(a) of the Internal Revenue Code of 1986 (as added by this section): (1) A report each fiscal year on worker classification which shall include the total number of examinations of employers initiated because of suspected worker classification issues, the total number of examinations that included determinations on worker classification issues, the amount of additional tax liabilities associated with worker classification enforcement actions, the number of workers reclassified as a result of these actions, the number of requests for Determination of Worker Status (Form SS–8), and technical guidance on how to understand the data provided in the report. (2) A report each fiscal year in which new statistically valid data is compiled and interpreted on worker classification, prepared on the basis of information gathered during an Employment Tax Study conducted by the National Research Program (NRP) of the Internal Revenue Service. Such report shall provide statistical estimates of the number of employers misclassifying workers, the number of workers misclassified, the industries involved, data interpretations and conclusions, and a description of the impact of improper worker classification on the employment tax gap. (f) Effective dates (1) Delayed effective date of regulations and guidance Except as provided in paragraph (2), any regulation or other guidance issued under section 3511(a) of the Internal Revenue Code of 1986, as added by this section, shall not apply to services rendered before the date which is 1 year after the date of the enactment of this Act. (2) Treatment of securities broker dealers Paragraph (9) of section 3511(d) of the Internal Revenue Code of 1986, as added by this section, shall apply to services performed after December 31, 1997. (3) Authority to issue regulations and guidance immediately So much of the amendment made by subsection (d) as relates to subsection (b) of section 530 of the Revenue Act of 1978 shall take effect on the date of the enactment of this Act. (4) Delayed termination of remainder of Section 530 of the Revenue Act of 1978 Except as provided in paragraph (3), the amendments made by subsections (c)(1) and (d) shall apply to services rendered on or after the date which is 1 year after the date of the enactment of this Act.
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113-hr-4504
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I 113th CONGRESS 2d Session H. R. 4504 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Ms. Tsongas (for herself, Mr. Peters of California , and Mr. Carson of Indiana ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To improve military readiness by establishing programs to consistently track, retain, and analyze information regarding suicides involving members of the reserve components of the Armed Forces and suicides involving dependents of members of the regular and reserve components.
1. Short title This Act may be cited as the DoD Suicide Tracking Act of 2014 . 2. Improved consistency in reserve component suicide prevention and resilience program (a) Policy for standard suicide data collection, reporting and assessment To improve consistency in and oversight of the suicide prevention and resilience program for the National Guard and Reserves established pursuant to section 10219 of title 10, United States Code, the Secretary of Defense shall prescribe a policy for the development of a standard method for collecting, reporting, and assessing suicide data and suicide-attempt data involving members of the National Guard and Reserves. (b) Consultation The Secretary of Defense shall develop the policy required by subsection (a) in consultation with the Secretaries of the military departments, the Chief of the National Guard Bureau, and the adjutants general of the States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. (c) Submission of policy and congressional briefing Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the policy developed under subsection (a) to the Committees on Armed Services of the Senate and the House of Representatives. At the request of the committees, the Secretary also shall brief such committees on the policy and the implementation status of the standardized suicide data collection, reporting and assessment method. (d) Implementation The Secretaries of the military departments, with respect to the Reserves, and the Chief of the National Guard Bureau and the adjutants general, with respect to the National Guard, shall implement the policy developed under subsection (a) within 180 days after the date of the submission of the policy under subsection (c). 3. Department of Defense suicide prevention program for military dependents (a) Program required As soon as possible after the date of the enactment of this Act, the Secretary of Defense shall direct the Secretary of each military department to develop and implement a program to track, retain, and analyze information regarding suicides involving dependents of members of the regular and reserve components of the Armed Forces under the jurisdiction of that Secretary. (b) Dependent defined In this section, the term dependent means a person described in section 1072(2) of title 10, United States Code, except that, in the case of a parent or parent-in-law of a member of the Armed Forces, the income-support requirement of subparagraph (E) of such section does not apply.
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113-hr-4505
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I 113th CONGRESS 2d Session H. R. 4505 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Ms. Tsongas (for herself, Mr. Kilmer , Mr. Larsen of Washington , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Comptroller General of the United States and the Chief Information Officer of the Department of Defense to assess the cloud security requirements of the Department of Defense.
1. Short title This Act may be cited as the DOD Cloud Security Act . 2. Assessment of Department of Defense cloud security requirements (a) Comptroller General responsibilities The Comptroller General of the United States shall— (1) review and summarize the best practices relating to cloud security by reviewing the practices of other Federal departments and agencies and commercial cloud providers; (2) assess the cloud capacity of the Department of Defense and such other departments and agencies by assessing how and to what extent the Department has adopted commercial cloud; and (3) assess the opportunities for the Department to utilize cloud computing in lieu of or in addition to conventional computing. (b) Chief Information Officer responsibilities The Chief Information Officer of the Department of Defense shall— (1) determine the security requirements that are necessary for any cloud service to store Department of Defense information, including— (A) by individually detailing security requirements for each Department of Defense impact level and security classification level; and (B) by providing a justification to the Committees on Armed Services of the Senate and House of Representatives for any discrepancy between security requirements for different provider types; (2) conduct a threat-based assessment of whether security controls resident in commercial cloud services and the cloud services of other Federal departments and agencies meet the security requirements determined under paragraph (2), including— (A) by determining what services can and cannot be provided by commercial cloud vendors, based on such security requirements; (B) by providing justification for why such determinations were made by citing, as appropriate, industry responses to requests for information and capability statement that confirm the conclusions of the Department of Defense; and (C) by requesting that commercial vendors submit their plans for how they can adapt their systems to the unique and dynamic cyber defense requirements of the Department of Defense; (3) require any government-owned, operated, or unique system that is or will be designed to provide cloud capabilities for the Department of Defense to be certified and accredited through the same process, and to the same standards, that is used to certify and accredit commercial service providers; and (4) ensure that, as part of any Department of Defense pilot demonstrations with commercial cloud vendors— (A) an analysis is conducted of— (i) requiring the Defense Information Systems Agency to work with commercial service providers to extend the Department of Defense Information Network to commercial service providers that are issued provisional authority to operate for Department of Defense impact levels 1 and 2 in order to leverage the commercial service providers for secure connections to the Department of Defense Information Network; (ii) the benefits and challenges relating to how the secure connections would be enabled and delivered as a service by the DISA cloud broker to the commercial service providers who have achieved provisional authority to operate for Department of Defense impact levels 1 and 2; (iii) requiring the Defense Information Systems Agency to address the ability of commercial service providers to provide service for Department of Defense impact levels 3 through 5 using logical separation; (iv) the ability of commercial service providers to provide innovative solutions to the separation of customer data and supporting resources that do not rely on physical separation; (v) the benefits and challenges regarding the consideration of such solutions for equivalence to physical separation; and (vi) the benefits and challenges of hybrid solutions for providing cloud services; and (B) the Chief Information Officer provides to the Committees on Armed Services of the Senate and House of Representatives a briefing on the matters referred to in subparagraph (A) by not later than 30 days after the conclusion of such pilot demonstration.
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113-hr-4506
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V 113th CONGRESS 2d Session H. R. 4506 IN THE HOUSE OF REPRESENTATIVES April 28, 2014 Ms. Lofgren introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Antonia Esmeralda Aguilar Belmontes.
1. Permanent resident status for Antonia Esmeralda Aguilar Belmontes (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Antonia Esmeralda Aguilar Belmontes shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status If Antonia Esmeralda Aguilar Belmontes enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number Upon the granting of an immigrant visa or permanent residence to Antonia Esmeralda Aguilar Belmontes, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Antonia Esmeralda Aguilar Belmontes shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act .
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113-hr-4507
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I 113th CONGRESS 2d Session H. R. 4507 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Crowley (for himself and Mr. LoBiondo ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to require a State with an increase in the number of fatalities or serious injuries of pedestrians or users of nonmotorized forms of transportation to include strategies to address the increase in the State’s subsequent State strategic highway safety plan, and for other purposes.
1. Short title This Act may be cited as the Pedestrian Fatalities Reduction Act of 2014 . 2. Special rule for pedestrian safety Section 148(g) of title 23, United States Code, is amended by adding at the end the following: (3) Pedestrians (A) State-level increase If the number of fatalities or serious injuries of pedestrians or users of nonmotorized forms of transportation in a State increases per capita during the most recent 2-year period for which data are available, the State shall be required to include, in the State’s subsequent State strategic highway safety plan, strategies to address the increase in such number. (B) County-level increase If the number of fatalities or serious injuries of pedestrians or users of nonmotorized forms of transportation in a county of a State increases per capita over the most recent 2-year period, the State shall be required to include, in the State’s subsequent State strategic highway safety plan, strategies to address the increase in such number in that county. . 3. Additional consideration for strategic highway safety plans Section 148(d)(1)(B) of title 23, United States Code, is amended— (1) in clause (vii) by striking “and” at the end; (2) in clause (viii) by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: (ix) data on fatalities and injuries of pedestrians and users of nonmotorized forms of transportation. . 4. Model inventory of roadway elements Section 148(f)(2)(A) is amended by striking roadway safety and inserting roadway safety, including elements that improve safety for pedestrians and users of nonmotorized forms of transportation .
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113-hr-4508
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I 113th CONGRESS 2d Session H. R. 4508 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Daines introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the East Bench Irrigation District Water Contract Extension Act to permit the Secretary of the Interior to extend the contract for certain water services.
1. East Bench Irrigation District contract extension Section 2(1) of the East Bench Irrigation District Water Contract Extension Act (Public Law 112–139; 126 Stat. 390) is amended by striking 4 years and inserting 10 years .
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113-hr-4509
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I 113th CONGRESS 2d Session H. R. 4509 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mrs. Davis of California (for herself and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require training for teachers in social and emotional learning programming, and for other purposes.
1. Short title This Act may be cited as the Supporting Emotional Learning Act . 2. Findings The Congress finds as follows: (1) A positive, healthy school community where children thrive and grow, both intellectually and emotionally, takes purposeful and thoughtful planning. Students who develop personal strengths like grit, perseverance, concern for others, and positive academic mindsets become important contributors to their school and community. Schools have a responsibility to nurture the intrapersonal and interpersonal skills students need to navigate social situations and effectively and respectfully communicate with a diverse group of people. (2) In the United States, we have always placed an emphasis on developing academically rigorous curriculum, but unfortunately have not been as deliberate about imparting children with important social and emotional life skills. There needs to be a balance and integration between cognitive learning and social emotional learning. (3) While not a new concept, the term social and emotional education has recently become an important focal point for many researchers, administrators, and teachers. The term social and emotional learning means the process through which individuals acquire and effectively apply the knowledge, attitudes, and skills necessary to understand and manage emotions, the ability to set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions. (4) Research has shown that social and emotional learning effectively boosts student academic success and fosters the very skills that are being utilized in the workforce. Social and emotional learning both increases protective factors for helping children learn and thrive as well as reducing risks for problems in both learning and behavior. These teachable skills help children avoid risky behaviors such as aggression and early drug and alcohol use and provide a springboard for being a capable student, citizen, and worker. (5) Continued research is necessary to discover best practices and prepare educators to integrate social-emotional skills into the curriculum and school culture. In addition, we need to support well-designed theoretical models and implementation supports in social and emotional learning. Social and emotional learning should be included as a central component of our education system. Federal law needs to include language that prioritizes social and emotional learning for educators. 3. Duties of the National Center for Education Research Section 133(a) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9533(a) ) is amended— (1) in paragraph (10), by striking and at the end; (2) in paragraph (11), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (11) carry out research initiatives regarding the impact of social and emotional education. . 4. Research topics of the Commissioner for Education Research Section 133(c)(2) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9533(c)(2) ) is amended by adding at the end the following: (L) Social and emotional skills and habits. . 5. Comprehensive centers Section 203(f)(1)(A)(ii) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9602(f)(1)(A)(ii) ) is amended— (1) in subclause (II), by striking and at the end; and (2) by adding at the end the following: (IV) imparting social and emotional life learning (as defined in section 200(24) of the Higher Education Act of 1965 ( 20 U.S.C. 1021 )); and . 6. Social and emotional learning (a) Definitions Section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 ) is amended— (1) in paragraph (13), by inserting at the end the following: , except that such term includes a requirement that highly qualified teachers have preparation in the understanding, use, and development of social and emotional learning programming ; and (2) by adding at the end the following: (24) Social and emotional learning (A) In general The term social and emotional learning means the processes through which students acquire and effectively apply the following set of interrelated competencies: (i) Self-awareness and self-management skills to achieve academic and life success. (ii) Social-awareness and relationship skills to establish and maintain positive relationships. (iii) Responsible decisionmaking skills and behavior in personal, school, and community contexts. (B) Self-awareness The term self-awareness means an individual’s ability to accurately recognize— (i) the individual’s own feelings and thoughts; and (ii) the influence of such feelings and thoughts on the individual’s behaviors. (C) Self-management The term self-management means an individual’s ability to— (i) regulate the individual’s own emotions, cognitions, and behaviors effectively in different situations; and (ii) set and work toward personal and academic goals. (D) Social awareness The term social awareness means an individual’s ability to— (i) take the perspective of and empathize with individuals from diverse backgrounds and cultures; and (ii) recognize family, school, and community resources and supports. (E) Relationship skill The term relationship skill means an individual’s ability to establish and maintain healthy and rewarding relationships with individuals from diverse backgrounds and cultures through communicating clearly, listening actively, cooperating, negotiating conflict constructively, and seeking and offering help when needed. (F) Responsible decisionmaking skills and behavior The term responsible decisionmaking skills and behavior means an individual’s ability to make constructive and respectful choices about personal behavior and social interactions, based on consideration of ethical standards, safety concerns, the realistic evaluation of consequences that stem from actions, and the well-being of self and others. (25) Social and emotional learning programming The term social and emotional learning programming refers to instruction, activities, and best practice initiatives that— (A) integrate social and emotional learning with academic achievement; (B) provide systematic instruction whereby social and emotional skills are taught, modeled, practiced, and applied so that students use them as part of their daily behavior; (C) teach students to apply social and emotional skills to prevent specific problem behaviors such as substance use, violence, bullying, and school failure, and to promote positive behaviors in class, school, and community activities; and (D) establish safe and caring learning environments that foster student participation, engagement, and connection to learning and school. . (b) Teacher quality partnership grants Section 202 of the Higher Education Act of 1965 ( 20 U.S.C. 1022a ) is amended— (1) in subsection (b)— (A) by striking the period at the end of paragraph (7)(D) and inserting ; and ; and (B) by adding at the end the following: (8) a description of how the eligible partnership will prepare prospective and new teachers and principals, if applicable, to understand, use, and develop social and emotional learning programming. ; (2) in subsection (e)(1)(C)— (A) by striking and at the end of clause (iii); (B) by striking the period at the end of clause (iv) and inserting ; and ; and (C) by adding at the end the following: (v) preparation in understanding, using, and developing social and emotional learning programming. ; and (3) in subsection (f)(1)(C)— (A) by striking and at the end of clause (ii); (B) by striking the period at the end of clause (iii) and inserting ; and ; and (C) by adding at the end the following: (iv) preparation in understanding, using, and developing social and emotional learning programming. . (c) Augustus Hawkins Centers of Excellence Section 242(b)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1033a(b)(1)(B) ) is amended— (1) in clause (i), by striking and at the end; (2) by striking the period at the end of clause (ii) and inserting ; and ; and (3) by adding at the end the following: (iii) promoting the understanding, use, and development of social and emotional learning programming. . (d) Teach To reach grants Section 251(c)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1034(c)(1)(B) ) is amended— (1) by striking and at the end of clause (iv); and (2) by adding at the end the following: (vi) understanding, using, and developing social and emotional learning programming; and .
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113-hr-4510
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I 113th CONGRESS 2d Session H. R. 4510 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Gary G. Miller of California (for himself and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To clarify the application of certain leverage and risk-based requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
1. Short title This Act may be cited as the Insurance Capital Standards Clarification Act of 2014 . 2. Clarification of application of leverage and risk-based capital requirements Section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5371 ) is amended— (1) in subsection (a), by adding at the end the following: (4) Business of insurance The term business of insurance has the same meaning as in section 1002(3). (5) Person regulated by a state insurance regulator The term person regulated by a State insurance regulator has the same meaning as in section 1002(22). (6) Regulated foreign subsidiary and regulated foreign affiliate The terms regulated foreign subsidiary and regulated foreign affiliate mean a person engaged in the business of insurance in a foreign country that is regulated by a foreign insurance regulatory authority that is a member of the International Association of Insurance Supervisors or other comparable foreign insurance regulatory authority as determined by the Board of Governors following consultation with the State insurance regulators, including the lead State insurance commissioner (or similar State official) of the insurance holding company system as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners, where the person, or its principal United States insurance affiliate, has its principal place of business or is domiciled, but only to the extent that— (A) such person acts in its capacity as a regulated insurance entity; and (B) the Board of Governors does not determine that the capital requirements in a specific foreign jurisdiction are inadequate. (7) Capacity as a regulated insurance entity The term capacity as a regulated insurance entity — (A) includes any action or activity undertaken by a person regulated by a State insurance regulator or a regulated foreign subsidiary or regulated foreign affiliate of such person, as those actions relate to the provision of insurance, or other activities necessary to engage in the business of insurance; and (B) does not include any action or activity, including any financial activity, that is not regulated by a State insurance regulator or a foreign agency or authority and subject to State insurance capital requirements or, in the case of a regulated foreign subsidiary or regulated foreign affiliate, capital requirements imposed by a foreign insurance regulatory authority. ; and (2) by adding at the end the following new subsection: (c) Clarification (1) In general In establishing the minimum leverage capital requirements and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors as required under paragraphs (1) and (2) of subsection (b), the appropriate Federal banking agencies shall not be required to include, for any purpose of this section (including in any determination of consolidation), a person regulated by a State insurance regulator or a regulated foreign subsidiary or a regulated foreign affiliate of such person engaged in the business of insurance, to the extent that such person acts in its capacity as a regulated insurance entity. (2) Rule of construction on board’s authority This subsection shall not be construed to prohibit, modify, limit, or otherwise supersede any other provision of Federal law that provides the Board of Governors authority to issue regulations and orders relating to capital requirements for depository institution holding companies or nonbank financial companies supervised by the Board of Governors. (3) Rule of construction on accounting principles Notwithstanding any other provision of law, a depository institution holding company or nonbank financial company supervised by the Board of Governors of the Federal Reserve that is also a person regulated by a State insurance regulator or a regulated foreign subsidiary or a regulated foreign affiliate of such person that files its holding company financial statements utilizing only Statutory Accounting Principles in accordance with State law, shall not be required to prepare such financial statements in accordance with Generally Accepted Accounting Principles. .
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113-hr-4511
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I 113th CONGRESS 2d Session H. R. 4511 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Bishop of New York (for himself, Mrs. McCarthy of New York , Mr. Hinojosa , Mr. Takano , Ms. Bonamici , Mr. Conyers , Mr. Fattah , Mr. Cummings , Ms. Bass , Mr. Moran , Mr. Welch , and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to establish requirements for the treatment of a private education loan upon the death or bankruptcy of a cosigner of the loan.
1. Short title This Act may be cited as the Protecting Students From Automatic Default Act of 2014 . 2. Requirements for private educational lenders (a) In general Section 140 of the Truth in Lending Act ( 15 U.S.C. 1650 ) is amended by adding at the end the following new subsection: (g) Death or bankruptcy of a cosigner on a private education loan (1) In general Notwithstanding any provision in a private education loan agreement, a private educational lender shall immediately notify a borrower if, upon receiving notification of the death or bankruptcy of a cosigner who is jointly liable for the private education loan, such lender deems the borrower to be in default, changes the terms of the loan, or accelerates the repayment terms of the loan. (2) New cosigner A private educational lender shall provide a period of time of not less than 90 days, beginning on the date such lender issues the notification described in subsection (a), for a borrower to identify a new cosigner for the loan. Such lender shall retain the right to renegotiate loan terms based on the creditworthiness of the new cosigner. . (b) Rule of construction The amendments made by this Act shall apply to any private education loan agreements in existence on the date of enactment of this Act or entered into after the date of enactment of this Act.
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113-hr-4512
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I 113th CONGRESS 2d Session H. R. 4512 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Jolly 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 establish a maximum rate of Federal, State, and local tax imposed on taxpayers.
1. Short title This Act may be cited as the Alternative Maximum Tax Act or the Max Tax Act . 2. Maximum tax imposed (a) In general Part I of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 3 the following new section: 4. Maximum tax imposed (a) In general Notwithstanding any other provision of this subtitle, the tax imposed under this chapter on a taxpayer other than a corporation for the taxable year shall not exceed the amount which when, added to the tax amounts described in subsection (b), bears the same ratio as 50 percent of adjusted gross income of the taxpayer for the taxable year bears to the adjusted gross income of the taxpayer for the taxable year. (b) Tax amounts described For purposes this section, the tax amounts described in this subsection are the amounts of tax paid for any period (or allocable portion thereof) in the taxable year under any of the following Federal, State, or local taxes: (1) Air transportation taxes. (2) Biodiesel fuel taxes. (3) Cigarette taxes. (4) Medicare tax. (5) Social Security tax. (6) Estate taxes. (7) Insurance taxes, including insurance premium taxes, excise taxes on comprehensive health insurance plans, and individual health insurance mandate taxes. (8) Federal unemployment taxes. (9) Garbage taxes. (10) Gasoline taxes. (11) Gift taxes. (12) Hotel taxes. (13) Import taxes. (14) Income tax, including city, State, and county. (15) Inheritance taxes. (16) Interstate user diesel fuel taxes. (17) Inventory taxes. (18) Liquor taxes. (19) Luxury taxes. (20) Medicare taxes. (21) Taxes enacted under the Patient Protection and Affordable Care Act, including the individual mandate excise tax and the Medicare tax surcharge on investment income of high earning Americans. (22) Tangible personal property taxes. (23) Real estate taxes. (24) Sales taxes. (25) Self-employment taxes. (26) Service charge taxes. (27) Sewer and water taxes. (28) Special assessments (city and county). (29) State unemployment taxes (SUTA). (30) Tanning taxes. (31) Telephone-related taxes, including telephone 911 service taxes, telephone Federal excise taxes, telephone Federal universal service fee taxes, telephone minimum usage surcharge taxes, telephone State and local taxes, telephone universal access taxes. (32) Tire taxes. (33) Use taxes (city, county, and State). (34) Utility taxes. (35) Vehicle registration taxes. (36) Waste management taxes. (37) Workers compensation taxes. (c) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out this section. . (b) Clerical amendment The table of sections for part I of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 3 the following new item: Sec. 4. Maximum tax imposed. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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113-hr-4513
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I 113th CONGRESS 2d Session H. R. 4513 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Kildee introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to prohibit private educational lenders from requiring accelerated repayment of private education loans upon the death or disability of a cosigner of the loan.
1. Short title This Act may be cited as the Student Debt Repayment Fairness Act of 2014 . 2. Prohibition on requiring full repayment of private education loan upon death or disability of cosigner Section 140 of the Truth in Lending Act ( 15 U.S.C. 1650 ) is amended by adding at the end the following new subsection: (g) Prohibition on accelerating repayment upon death or disability of a cosigner on a private education loan (1) In general If a cosigner who is jointly liable on a private education loan is unable to fulfill any obligations with respect to the loan by reason of death or disability, the private educational lender may not accelerate the repayment terms of any outstanding obligation if the borrower is in good standing (as determined by the Bureau) with respect to the loan. (2) Disability defined In this subsection, the term disability means a permanent and total disability, as determined in accordance with the regulations of the Secretary of Education under section 437(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a) ), or a determination by the Secretary of Veterans Affairs that the individual is unemployable due to a service-connected condition. .
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113-hr-4514
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I 113th CONGRESS 2d Session H. R. 4514 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Marino introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Dale Long Public Safety Officers’ Benefits Improvements Act of 2012 to change the retroactive application of the Act to cover injuries sustained by rescue squad or ambulance crew members on or after December 1, 2007, rather than June 1, 2009.
1. Short title This Act may be cited as the Kline DeWire Public Safety Officers’ Retroactive Benefits Act . 2. Retroactive effective date for Dale Long Public Safety Officers’ Benefits Improvements Act of 2012 Subsection (d)(2)(A) of the Dale Long Public Safety Officers’ Benefits Improvements Act of 2012 (section 1086 of Public Law 112–239 ; 126 Stat. 1969; 42 U.S.C. 3791 note) is amended by striking June 1, 2009 and inserting December 1, 2007 .
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113-hr-4515
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I 113th CONGRESS 2d Session H. R. 4515 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. McNerney introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to provide grants to eligible local educational agencies to encourage female students to pursue studies and careers in science, mathematics, engineering, and technology.
1. Short title This Act may be cited as the Getting into Researching, Learning, & Studying of STEM Act of 2014 or the GIRLS–STEM Act of 2014 . 2. Grants to prepare females for the 21st century (a) In general Title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7201 et seq. ) is amended by adding at the end the following: E Preparing Female Students for the 21st Century 5701. Program authority (a) In general From funds provided under section 5702, the Secretary may provide grants to eligible local educational agencies to enable elementary schools and secondary schools served by the agencies to establish and implement a program to— (1) encourage the ongoing interest of female students in careers requiring skills in science, mathematics, engineering, or technology at all levels of the career pathway, including at the technician level; and (2) prepare female students to pursue industry-recognized credentials, such as certificates, licenses, undergraduate, and graduate degrees, needed to pursue a career in the science, mathematics, engineering, or technology field. (b) Grant awards A grant awarded under this part shall be awarded in 4 school year increments. (c) Application (1) In general To be eligible to receive a grant, or enter into a contract or cooperative agreement, under this part an eligible local educational agency shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents The application shall contain, at a minimum, the following: (A) A program description, including the content of the program and the research and models used to design the program. (B) A description of the collaboration between elementary schools and secondary schools to fulfill goals of the program and how the eligible local educational agency will ensure that there is a comprehensive plan to improve science, mathematics, engineering, and technology education for female students in kindergarten through grade 12. (C) A description of the process for recruitment and selection of participants. (D) A description of the planned instructional and motivational activities. (E) A description of any collaboration among local, regional, or national institutions and organizations that will be necessary to fulfill the goals of the program. (3) Consideration In selecting an eligible local educational agency to receive a grant under this part, the Secretary shall consider the application of each eligible local educational agency that demonstrates that the agency will use the grant funds to carry out the activities described in subsection (d). (d) Use of funds An eligible local educational agency shall use a grant received under this section to carry out the following: (1) Acquainting female students with careers requiring skills in science, mathematics, engineering, and technology, and preparing such students for pursuing careers in such areas, including careers in such areas at the technician level. (2) Educating the parents of female students about the opportunities and advantages of science, mathematics, engineering, and technology careers. (3) Providing tutoring and mentoring programs for female students in science, mathematics, engineering, and technology. (4) Establishing partnerships and other opportunities that expose female students to role models, events, academic programs, or career and technical education programs in the fields of science, mathematics, engineering, and technology. (5) Providing after-school activities designed to encourage interest, and develop skills of female students, in science, mathematics, engineering, and technology. (6) Carrying out summer programs designed to assist female students in— (A) developing an interest and skills in; and (B) understanding the relevance and significance of, science, mathematics, engineering, and technology. (7) Purchasing educational instructional materials, equipment, and instrumentation or software designed to teach and encourage interest of female students in science, mathematics, engineering, and technology. (8) Providing academic and career counseling services and assistance in secondary school course selection that encourages female students to take courses that provide preparation for postsecondary education, and experiential learning opportunities (such as apprenticeships, mentorships, internships), in the areas of science, technology, engineering, and mathematics. (9) Facilitating internships in science, mathematics, engineering, or technology for female students. (10) Providing professional development for teachers and other school personnel that includes— (A) topics on how to eliminate gender bias in the classroom; (B) topics on how to engage students in the face of gender-based peer pressure and parental expectations; and (C) increased instructional strategies and content knowledge of science, mathematics, engineering, and technology. (e) Supplement, not supplant The Secretary shall require each eligible local educational agency receiving a grant under this part to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this part. (f) Evaluations Each eligible local educational agency that receives a grant under this part shall provide the Secretary, at the conclusion of every school year during which the funds are received, with an evaluation assessing the improvements made in the areas described in subsection (a), in a form prescribed by the Secretary. (g) Eligible local educational agency defined For purposes of this part, the term eligible local educational agency means a local educational agency that serves underrepresented or low-income students. 5702. Authorization of appropriations There are authorized to be appropriated to carry out this part $50,000,000 for fiscal year 2015 through 2019. . (b) Conforming amendment The table of contents for such Act ( 20 U.S.C. 6301 et seq. ) is amended by adding at the end of the items relating to title V the following: Part E—Preparing Females for the 21st Century Sec. 5701. Program authority. Sec. 5702. Authorization of appropriations. .
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113-hr-4516
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I 113th CONGRESS 2d Session H. R. 4516 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Ms. Loretta Sanchez of California introduced the following bill; which was referred to the Committee on Armed Services A BILL To expedite and oversee the implementation of the women in service implementation plan, and for other purposes.
1. Short title This Act may be cited as the She Is Ready Act . 2. Findings Congress makes the following findings: (1) On January 24, 2013, Secretary of Defense Leon Panetta and Chairman of the Joint Chiefs of Staff Martin Dempsey rescinded the 1994 Direct Ground Combat Definition and Assignment Rule and directed the Armed Forces to open closed occupations, positions, and units to female members of the Armed Forces no later than January 1, 2016. (2) The rescission of the 1994 policy was based on the knowledge that success in the Armed Forces results solely from a member’s ability, qualifications, and performance, and the decision to rescind the policy is consistent with America’s values and enhances military readiness. (3) The change in policy is reflective of the on the ground reality that female members of the Armed Forces, particularly in Iraq and Afghanistan, have been serving in combat. (4) A directive from the Chairman of the Joint Chiefs of Staff requires the development, review, and validation of gender-neutral occupational standards reflecting the knowledge, skills and abilities necessary for each occupation to be used to assess and assign members not later than September 2015. (5) There are concerns in regards to the lack of transparency and the type of research the Armed Forces are planning and pursuing in opening closed occupations, positions, and units to female members of the Armed Forces. (6) The largest number of closed occupations, positions, and units are in the Army and Marine Corps. The Department of Defense announced its intention, pursuant to the January 2013 Directives, to open for assignment of female members of the Armed Forces thousands of previously closed positions and units, but thousands of positions and units remain closed female members of the Armed Forces. 3. Removal of artificial barriers to the service of women in the Armed Forces (a) Prompt assignment (1) Cadre or Critical Mass Not Required The Secretaries of the military departments shall not unduly delay the assignment of female members of the Armed Forces to military occupational specialties, positions, and units because of the absence of a cadre or critical mass of female members available for such assignment. (2) Open occupation precedence As soon as possible after the date of the enactment of this Act, the Secretary of Defense shall direct the Secretaries of the military departments to open for assignment of women to all positions in occupations that, on or after the date of the enactment of this Act, are open to female members of the Armed Forces in any unit of the Armed Forces. (b) Validation and oversight of gender-Neutral occupational standards (1) Validation; purpose As soon as possible after the date of the enactment of this Act, the Secretary of Defense shall direct the Secretary of each military department to validate the gender-neutral occupational standards used by the Armed Forces under the jurisdiction of that Secretary for the purpose of ensuring that the standards— (A) are consistent with section 543 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 ; 10 U.S.C. 113 note), as amended by section 523 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 756), which requires gender-neutral occupational standards, requiring performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed; (B) accurately predict performance of actual, regular, and recurring duties of a military occupation; and (C) are applied equitably to measure individual capabilities. (2) Role of independent research entity The Secretaries of the military departments shall work with an independent research entity to comply with paragraph (1). 4. Improved leadership and responsiveness in implementation of the women in service implementation plan (a) Transparency and goals The Secretary of Defense shall direct the Secretaries of the military departments to provide greater transparency of its women in service implementation plan, ensure that a statement of administration policy is created to reflect the mission of the implementation plan and its intent on responsibly opening all jobs, positions and units to female members of the Armed Forces. (b) Response and notice of openings The Office of the Secretary of Defense shall promptly respond whenever the Secretary of a military department submits a notice of newly opened jobs, positions, of units to female members of the Armed Forces and avoid any delays in transmitting such notices to Congress. (c) Final deadline The Secretary of Defense shall ensure all closed positions and units are open to female members of the Armed Forces no later than January 1, 2016, consistent with the Joint Memorandum issued on January 24, 2013, regarding the elimination of the 1994 Direct Ground Combat Definition and Assignment Rule. 5. Effective evaluation of physical standards and oversight of Armed Forces implementation plans (a) Navy and marine corps (1) Validation of physical standards As soon as possible after the date of the enactment of this Act, the Secretary of the Navy shall provide Congress with information on what process and metrics were used to validate the physical standards applicable to members of the Navy and the Marine Corps. (2) Infantry Training Courses Not later than 30 days after the date of the enactment of this Act, the Secretary of the Navy shall provide Congress with information in regards to the Marine Corps research involving female members of the Marine Corps who volunteer for the Infantry Officers Course (IOC), the enlisted infantry training course (ITB), and the Ground Combat Element Experimental Task Force (GCEXTF) for the purpose of— (A) determining what metrics the Marine Corps used to develop the research requirements and elements for the Marine Corps Expanded Entry-Level Training Research; (B) indicating what is being evaluated during these research studies, along with how long both research studies will last; (C) identifying how data gathered during the research studies will be used to open infantry and other closed occupations; and (D) assuring that infantry and other closed occupations will not remain closed based on physical tests that have not been validated or any other improper evaluation mechanisms. (3) Enlisted infantry course graduates Effective upon the enactment of this Act, any female member of the Marine Corps who graduates from the enlisted infantry course shall be eligible for assignment to an infantry occupational specialty. (b) Army Effective upon the enactment of this Act, the Secretary of the Army shall permit female members of the Army to apply to Army Ranger School as Ranger School is not solely intended for members of the Army who plan to join the Ranger Regiment, but is also intended to provide leadership training opportunities that members can utilize in all jobs, positions, and units. (c) Special Operations Command The Secretary of Defense shall direct the Special Operations Command to submit to Congress, not later than 90 days after the date of the enactment of this Act, the type of approach and methodology it will be using for the integration of women into the Special Operations Forces. 6. Female personal protection gear The Secretary of Defense shall direct each Secretary of a military department to take immediate steps to ensure that properly designed and fitted combat equipment is available and distributed to female members of the Armed Forces under the jurisdiction of that Secretary. 7. Review of outreach and recruitment efforts focused on officers (a) Review required The Comptroller General of the United States shall conduct a review of Services’ Outreach and Recruitment Efforts gauged toward women representation in the officer corps. (b) Elements of Review In conducting the review under subsection (a), the Secretary of Defense shall— (1) identify and evaluate current initiatives the Armed Forces are using to increase accession of women into the officer corps; (2) identify new recruiting efforts to increase accessions of women into the officer corps specifically at the military service academies, Officer Candidate Schools, Officer Training Schools, the Academy of Military Science, and Reserve Officer Training Corps; and (3) identify efforts, resources, and funding required to increase military service academy accession by an additional 20 percent by the end of the four-year period beginning on the date of the enactment of this Act. (c) Submission of results Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the review under subsection (a).
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113-hr-4517
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I 113th CONGRESS 2d Session H. R. 4517 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Schrader introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the provision of health care for certain individuals exposed to environmental hazards at Atsugi Naval Air Facility, to establish an advisory board to examine exposures to environmental hazards at such Air Facility, and for other purposes.
1. Short title This Act may be cited as the Examination of Exposures to Environmental Hazards During Military Service and Health Care for Atsugi Naval Air Facility Veterans and their Families Act of 2014 . 2. Advisory Board on Environmental Exposures at Atsugi Naval Air Facility (a) Establishment The Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish an advisory board (to be known as the Advisory Board on Environmental Exposures at Atsugi Naval Air Facility ) to provide expert advice to the Department of Defense and the Department of Veterans Affairs on matters relating to the exposure of current and former members of the Armed Forces and their dependants to environmental hazards at Atsugi Naval Air Facility, Japan, during the period beginning in 1983, as determined by the Advisory Board, in which the air, water, or soil at Atsugi Naval Air Facility were contaminated due to an incinerator. (b) Composition The Advisory Board shall consist of seven members, appointed by the President, in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, of whom— (1) two members shall be members of military service organizations or organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code (commonly referred to as veterans service organizations ); (2) two members shall be officials of appropriate Federal agencies, other than the Department of Defense or the Department of Veterans Affairs, with experience in environmental exposure or environmental exposure assessments, health monitoring, or other relevant fields; and (3) three members shall be scientists who— (A) have backgrounds in environmental exposure or environmental exposure assessments, health monitoring, or other relevant fields; and (B) are not officials or employees of the Federal Government. (c) Appointments (1) Deadline All members of the Advisory Board shall be appointed not later than 90 days after the date of the enactment of this Act. (2) Duration Members of the Advisory Board shall serve for three-year terms, subject to renewal, but not longer than six years in total. (3) Vacancies A vacancy in the Advisory Board shall be filled in the manner in which the original appointment was made. (d) Chairperson The members of the Advisory Board shall select from among its membership a Chairperson to serve a one-year term. (e) Quorum A majority of the members of the Board shall constitute a quorum. (f) Meetings The Board shall meet at the call of the Chairperson. (g) Compensation (1) Officers of the federal government (A) In general A member of the Board who is an employee of the Federal Government may not receive additional pay, allowances, or benefits by reason of the member’s service on the Board. (B) Travel expenses Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (2) Other members (A) In general Except as provided in subparagraph (B), a member of the Advisory Board who is not an employee of the Federal Government— (i) shall be paid compensation out of funds made available for the purposes of this title at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Advisory Board; and (ii) while away from the member’s home or regular place of business on necessary travel in the actual performance of duties as a member of the Advisory Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code. (B) Limitation A member of the Advisory Board may not be paid compensation under subparagraph (A)(ii) for more than 120 days in any calendar year. (h) Staff (1) In general The Chairperson of the Advisory Board may, without regard to the civil service laws and regulations, appoint an executive director of the Advisory Board, who shall be a civilian employee of the Department of Defense, and such other personnel as may be necessary to enable the Advisory Board to perform its duties. The appointment of an executive director shall be subject to approval by the Advisory Board. (2) Compensation The Chairperson of the Advisory Board may fix the compensation of the executive director and other personnel without regard to the provisions of 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. (i) Detail of government employees Upon request of the Chairperson of the Advisory Board, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Advisory Board to assist it in carrying out its duties. (j) Termination Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Board shall terminate on the date that is 12 years after the date of the enactment of this Act. 3. Consideration of environmental exposures at Atsugi Naval Air Facility, Japan (a) In general The purpose of the Advisory Board established under section 3 is to consider and study cases of exposure of current and former members of the Armed forces and their dependants to potential environmental hazards at Atsugi Naval Air Facility, Japan, during the period beginning in 1983, as determined by the Advisory Board, in which the air, water, or soil at Atsugi Naval Air Facility were contaminated due to an incinerator. The Advisory Board shall evaluate claims related to hazardous environmental exposures at such Air Facility that are submitted to the Advisory Board by members of the Armed Forces, veterans, dependants of members of the Armed Forces and veterans, veterans advocacy groups, and officials of the Department of Defense and the Department of Veterans Affairs with responsibility or experience monitoring the health of current and former members of the Armed Forces. (b) Consideration of exposure claims Not later than 180 days after receiving such a claim, the Advisory Board shall consider the claim and take one of the following actions: (1) If the Advisory Board determines that further consideration of the claim is necessary to adequately assess the extent of exposure, the Advisory Board shall convene a science review panel under subsection (c) to make such assessment and report its findings to the Advisory Board. (2) If the Advisory Board determines that the extent of exposure is insufficient to warrant further consideration of the claim, the Advisory Board shall make a recommendation of such finding to the Secretary of Defense and the Secretary of Veterans Affairs. (3) If the Advisory Board determines that during the time period covered by such claim, members of the Armed Forces and their dependants were exposed to sufficient amounts of environmental hazards to warrant health care or compensation, the Advisory Board shall submit to the Secretary of Defense and the Secretary of Veterans Affairs a report that includes the following: (A) Recommendations that— (i) such members should receive— (I) health care benefits through the Department of Defense specifically designed to address such exposure, as determined by the Secretary of Defense; or (II) veterans health care or compensation specifically designed to address such exposure; and (ii) dependents of such members should receive health care benefits through the Department of Defense specifically designed to address such exposure, as determined by the Secretary of Defense, or financial compensation, or both. (B) Information on cost and attributable exposure, as defined in regulations prescribed pursuant to this Act. (c) Science advisory panels (1) Establishment The Advisory Board may convene a science advisory panel to assist in the consideration of a claim under this section. (2) Composition A science advisory panel convened under this subsection shall consist of seven scientists who— (A) have backgrounds in environmental exposure or environmental exposure assessments, health monitoring, or other relevant fields; and (B) are not officials or employees of the Federal Government. (3) Chairperson The Chairperson of the Advisory Board shall select from among the membership of a science advisory panel an individual to serve as Chairperson of the panel. The individual so selected shall serve a one-year term as Chairperson of the panel. (4) Consideration of military exposure claims Not later than 180 days after requested by the Advisory Board to review a claim, a science advisory panel shall submit a report to the Advisory Board with one of the following recommendations: (A) A recommendation that there is insufficient exposure to warrant further consideration of the claim. (B) A recommendation that further study of the claim is necessary, to be carried out by, or under the direction of, the science advisory panel in coordination with the Advisory Board. (C) A recommendation that, during the time period covered by such claim, members of the Armed Forces and their dependants were exposed to a sufficient risk of exposure to environmental hazards to warrant compensation or health care. (d) Subpoena authority The Advisory Board and each science advisory panel convened by the Advisory Board under subsection (c) are authorized to require by subpoena the attendance and testimony of witnesses necessary to consider hazardous environmental exposure cases under this section. (e) Cooperation of Federal agencies The head of each relevant Federal agency, including the Administrator of the Environmental Protection Agency, shall cooperate fully with the Advisory Board and each science advisory panel convened by the Advisory Board under subsection (c) for purposes of considering hazardous environmental exposure cases under this section. (f) Termination Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Board shall terminate on the date that is 12 years after the date of the enactment of this Act. 4. Health care services for certain individuals at Atsugi Naval Air Facility, Japan (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall establish procedures for identifying and compiling a list of individuals exposed to environmental hazards at Atsugi Naval Air Facility, Japan, during the period beginning in 1983, as determined by the Secretaries, in which the air, water, or soil at Atsugi Naval Air Facility were contaminated due to an incinerator. The list may include individuals who were exposed to such hazards as fetuses in utero. (b) Eligibility for health care Individuals included on the list compiled under subsection (a) shall be immediately eligible for health care as follows: (1) Dependents shall be eligible for health care benefits through the Department of Defense, as determined by the Secretary of Defense, for any condition, or any disability that is associated with such condition, that is associated with exposure to the contaminants in the air from an incinerator at Atsugi Naval Air Facility. (2) Current and former members of the Armed Forces shall be eligible to receive one of the following: (A) Health care benefits through the Department of Defense specifically designed to address such exposure, as determined by the Secretary of Defense. (B) Health care benefits through the Department of Veterans Affairs specifically designed to address such exposure. (c) Report (1) In general Not later than 30 days after compiling the list required under subsection (a), the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall submit to the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate and the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives a report on the compilation of such list. (2) Content The report required under paragraph (1) shall include— (A) the evidence considered in selecting the covered period of air contamination at Atsugi Naval Air Facility; and (B) the criteria used to determine whether an individual was exposed to a contaminant during the covered period and the rationale for using those criteria. 5. Annual report (a) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall submit to the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate and the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives a report on health care and other benefits provided under this Act. (b) Content The report required under subsection (a) shall include the following: (1) A description of the classes of individuals who have received health care and other benefits under this Act during the reporting period. (2) A description of the health care benefits that have been provided to such individuals. (3) A description of the procedures used to identify individuals exposed to environmental hazards at Atsugi Naval Air Facility, Japan. (4) Recommendations for any additional legislation necessary to implement this Act. 6. Regulations The Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe regulations to carry out the provisions of this Act, including guidelines regarding health conditions and symptoms that may be attributed to hazardous environmental exposures at Atsugi Naval Air Facility, Japan. 7. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4517ih/xml/BILLS-113hr4517ih.xml
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113-hr-4518
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I 113th CONGRESS 2d Session H. R. 4518 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To protect the constitutional rights of parents and children.
1. Short title This Act may be cited as the Parental Protection Act . 2. Congressional findings Congress finds: (1) The rates in the diagnosis of psychiatric disorders in children and the prescription of psychotropic medication to children has increased dramatically in recent years. (2) Nearly 70 percent of the Diagnostic and Statistical Manual of Mental Disorders (DSM–V) task force members report having ties to the pharmaceutical industry. (3) Many medical institutions are allowed to include wards of the State in research that presents greater than minimal risk with no prospect of direct benefit for the research subject. (4) There is a misuse of federally allocated funds to violate the First and Fourteenth Amendment rights of children and wards of the State. 3. General authorization The Department of Health and Human Services shall withhold all monies from State agencies or entities, hospitals, and medical facilities that— (1) allow research presenting greater than minimal risk to minors, juveniles, or wards of the State; (2) deny Fourteenth Amendment rights to the parents or child; or (3) investigate parents or charge them with medical neglect, or remove children from the parents’ custody when in disagreement with a subjective diagnosis involving psychotropic drugs. 4. Enforcement The Department of Health and Human Services and the Attorney General shall enforce the provisions of section 4. 5. Effective date The provisions of this Act shall take effect immediately upon enactment.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4518ih/xml/BILLS-113hr4518ih.xml
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113-hr-4519
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I 113th CONGRESS 2d Session H. R. 4519 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit the United States from funding projects that discriminate against Israeli organizations that operate beyond the 1949 armistice lines.
1. Short title This Act may be cited as the Prohibiting Discrimination Against Israel Act . 2. Congressional findings Congress finds: (1) In 1995, the Interim Agreement on the West Bank and the Gaza Strip (commonly referred to as the Oslo II Accord) formally divided Judea and Samaria into three administrative divisions, with Area C being under full Israeli civil and security control; therefore, foreign countries should not discriminate against Israeli organizations that operate there. (2) In 1995, the United States Congress passed the Jerusalem Embassy Act ( Public Law 104–45 ) which formally recognized Jerusalem as the capital of the State of Israel, and concluded that it should remain an undivided city. (3) The claim that Israeli settlements beyond the 1949 armistice lines are an obstacle to peace has been repeatedly disproven, and the 2005 expulsion from Gaza and the 2010 freeze on natural growth in the settlements harmed the peace process and led to an increase in violence, not a decrease. (4) Notwithstanding allegations to the contrary, Israeli settlements in these territories do not in any way violate Article 49 of the Fourth Geneva Convention; they are completely voluntary, and do not involve individual or mass forcible transfers prohibited by subpart (1) of Article 49. (5) In 2009, the Kingdom of Spain refused to allow a team from Ariel University Center of Samaria (now known as Ariel University) to participate in a solar energy competition funded by the United States Department of Energy solely because the university was located beyond Israel’s 1949 armistice line; at the same time, the Spanish government funded projects from universities in other disputed regions including Artsakh State University in Nagorno-Karabakh and Eastern Mediterranean University in Northern Cyprus. (6) In 2010, The Government Pension Fund of Norway excluded several Israeli companies based solely on the fact that they operate in Judea and Samaria. (7) In 2010, the European Court of Justice issued a ruling in Brita GmbH v. Hauptzollamt Hamburg-Hafen (Case C–386/08) prohibiting Israeli products produced beyond the 1949 armistice line from being labeled as Made in Israel , which caused them to be subject to higher tariffs. (8) In 2010, the United Kingdom banned an Israeli tourism advertisement because it included a photograph of the Old City of Jerusalem, which is located beyond the 1949 armistice line and was fully annexed by Israel in 1980. (9) In 2013, the European Union issued orders forbidding its member states from cooperating, transferring funds, or giving scholarships or research grants to organizations beyond Israel’s 1949 armistice line. 3. General authorization It shall be the policy of the United States that no funds authorized or appropriated by Federal law may be expended for any international project that prohibits participation of Israeli organizations that operate beyond the 1949 armistice line. 4. Effective date The provisions of this Act shall take effect immediately following enactment.
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113-hr-4520
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I 113th CONGRESS 2d Session H. R. 4520 IN THE HOUSE OF REPRESENTATIVES April 29, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require passenger aircraft to transmit GPS location data.
1. Short title This Act may be cited as the Aircraft Positioning Modernization Act . 2. Congressional findings Congress finds that when an aircraft crashes in an area far from radar, the aircraft and its flight recorder can be difficult to find, necessitating expensive search and rescue operations. 3. General authorization Section 91.609(c) of the Code of Federal Regulations shall be amended to require that the Global Positioning System coordinate information shall be periodically transmitted to a receiving facility at a time frequency of 30 minutes. 4. Effective date The provisions of this Act shall take effect three years following enactment.
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113-hr-4521
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I 113th CONGRESS 2d Session H. R. 4521 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Financial Services A BILL To modify exemptions for small creditors and mortgage loan servicers, to require a study of appropriate capital requirements for mortgage servicing assets for nonsystemic banking institutions, and for other purposes.
1. Short title This Act may be cited as the Community Institution Mortgage Relief Act of 2014 . 2. Exemption from escrow requirements for loans held by small creditors Section 129D(c) of the Truth in Lending Act ( 15 U.S.C. 1639d(c) ), as added by section 1461(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended— (1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D) and moving such subparagraphs 2 ems to the right; (2) by striking The Board and inserting the following: (1) In general The Board ; and (3) by adding at the end the following new paragraph: (2) Treatment of loans held by smaller creditors The Board shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on a consumer’s principle dwelling, if such loan is held by a creditor with assets of $10,000,000,000 or less. . 3. Modification to exemption for small servicers of mortgage loans Section 6 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2605 ) is amended by adding at the end the following: (n) Small Servicer Exemption The Bureau shall, by regulation, provide exemptions to, or adjustments for, the provisions of this section for servicers that annually service 20,000 or fewer mortgage loans, in order to reduce regulatory burdens while appropriately balancing consumer protections. .
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113-hr-4522
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I 113th CONGRESS 2d Session H. R. 4522 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Van Hollen (for himself, Mr. Blumenauer , Ms. Esty , Mr. Himes , Mr. Connolly , Ms. Norton , Ms. Slaughter , and Mr. Langevin ) 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 establish the Green Bank to assist in the financing of qualified clean energy projects and qualified energy efficiency projects.
1. Capitalization, Method of Capital Stock Payments, Issuance of Green Bonds Chapter 31 of title 31, United States Code, is amended by adding after section 3102 the following new section: 3102A. Green Bonds (a) Initial Capitalization The Secretary of the Treasury shall issue bonds (in this section referred to as Green Bonds ) in the amount of $10,000,000,000 on the credit of the United States to acquire capital stock of the Green Bank (established under section 9801 of this title), of which not more than $200,000,000 shall be used for costs that the Green Bank incurs for its first year in order to provide loans, loan guarantees, debt securitization, insurance, portfolio insurance, and other forms of financing support or risk management for qualified clean energy projects and qualified energy efficiency projects (as such terms are defined under such section). Stock certificates evidencing ownership in the Green Bank shall be issued by the Green Bank to the Secretary of the Treasury, to the extent of payments made for the capital stock of the Green Bank. (b) Future Capitalization Upon the request of the Bank, the Secretary of the Treasury shall issue additional Green Bonds on the credit of the United States to acquire additional capital stock of the Green Bank in an aggregate amount not to exceed $50,000,000,000 outstanding at any one time. (c) Denominations and Maturity Green Bonds shall be in such forms and denominations, and shall mature within such periods, as determined by the Secretary of the Treasury. (d) Interest Green Bonds shall bear interest at a rate not less than the current average yield on outstanding market obligations of the United States of comparable maturity during the month preceding the issuance of the obligation as determined by the Secretary of the Treasury. (e) Guaranteed Green Bonds shall be fully and unconditionally guaranteed both as to interest and principal by the United States, and such guaranty shall be expressed on the face of each bond. (f) Lawful Investments Green 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. . 2. Green Bank Title 31, United States Code, is amended by adding the following new chapter at the end thereof: 98 Green Bank Sec. 9801. Green Bank. 9801. Green Bank (a) Short title This section may be cited as the Green Bank Act of 2014 . (b) Purposes The purposes of this section are as follows: (1) To evaluate and coordinate financing for qualified clean energy projects and qualified energy efficiency projects. (2) To provide loans, loan guarantees, debt securitization, insurance, portfolio insurance, and other forms of financing support or risk management to qualified clean energy projects and qualified energy efficiency projects. (3) To facilitate— (A) efficient tax equity markets for qualified clean energy projects; and (B) the financing of long-term clean energy purchasing by governmental and non-governmental not-for-profit entities. (4) To foster— (A) the development and consistent application of transparent underwriting standards, standard contractual terms, and measurement and verification protocols for qualified clean energy projects and qualified energy efficiency projects; (B) the creation of performance data that enables effective underwriting, risk management, and pro forma modeling of financial performance of qualified clean energy projects and qualified energy efficiency projects to support primary financing markets and stimulate development of secondary investment markets for clean energy projects and energy efficiency projects; and (C) the level of financing support for qualified clean energy projects and qualified energy efficiency projects necessary to advance vital national objectives, including— (i) achieving energy independence from foreign energy sources; (ii) abating climate change by increasing zero or low carbon electricity generation and transportation capabilities; (iii) realizing energy efficiency potential in existing infrastructure; (iv) easing the economic effects of transitioning from a carbon-based economy to a clean energy economy; (v) achieving job creation through the construction and operation of qualified clean energy projects and qualified energy efficiency projects; (vi) fostering long-term domestic manufacturing capacity in the clean energy and energy efficiency industries; and (vii) complementing and supplementing other clean energy and energy efficiency legislation at the Federal or State level. (c) Definitions In this section: (1) Bank The term Bank means the Green Bank established under subsection (d). (2) Board The term Board means the Board of Directors of the Bank. (3) Clean Energy project The term clean energy project means any electricity generation, transmission, storage, heating, cooling, transportation, distribution, industrial process, or manufacturing project whose primary purpose is the deployment, development, or production of an energy system or technology that avoids, reduces, or sequesters air pollutants or anthropogenic greenhouse gases, including the following: (A) Solar. (B) Wind. (C) Geothermal. (D) Biomass. (E) Hydropower. (F) Ocean and hydrokinetic. (G) Fuel cell. (H) Advanced battery. (I) Carbon capture and sequestration. (J) Next generation biofuels from nonfood feedstocks. (K) Alternative vehicle fuel infrastructure. (L) Nuclear. (4) Energy Efficiency project The term energy efficiency project means any project, technology, function, or measure that results in the reduction of energy use required to achieve the same level of service or output prior to the application of such project, technology, function, or measure, or substantially reduces greenhouse gas emissions relative to emissions that would have occurred prior to the application of such project, technology, function, or measure. (5) Green Bond The term Green Bond means a bond issued pursuant to section 3102A of this title. (6) Qualified Clean Energy Project The term qualified clean energy project means a clean energy project that— (A) is carried out domestically within the territorial borders of the United States; (B) stays current on interest and debt payment obligations; (C) pays wages in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act); (D) if for nuclear power, is funded by the Bank only after all other existing Federal financial support has been expended; and (E) satisfies any other conditions established by the Bank and published in the Federal Register. (7) Qualified Energy Efficiency Project The term qualified energy efficiency project means an energy efficiency project, including smart grid technologies and functions characterized in section 1301 of the Energy Independence and Security Act of 2007 and end-use technologies for efficiency gains in new construction and across existing infrastructure that— (A) is carried out domestically within the territorial borders of the United States; (B) stays current on interest and debt payment obligations; (C) pays wages in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act); and (D) satisfies any other conditions established by the Bank and published in the Federal Register. (8) State clean energy financing institution The term State clean energy financing institution means an independent entity, quasi-independent entity, or an entity within a State agency or financing authority established by a State to— (A) provide low-cost or long-term financing support or credit enhancements, including loan guarantees and loan loss reserves, for qualified clean energy projects or qualified energy efficiency projects; and (B) create liquid markets for these projects including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and innovative clean energy and energy efficiency projects. State clean energy financing institutions may enter into partnerships with private entities. (d) Green Bank (1) Establishment of Corporation There is established a corporation to be known as the Green Bank that shall be wholly owned by the United States. (2) Independent corporation The Bank shall be an independent corporation. Neither the Bank nor any of its functions, powers, or duties shall be transferred to or consolidated with any other department, agency, or corporation of the Government unless the Congress provides otherwise. (3) Charter The Bank shall be chartered for 20 years from the date of enactment of this section. (4) Governance (A) Board of Directors of the Bank (i) In general The Bank shall be under the direction of a Board of Directors. (ii) Membership The Board shall consist of 11 members, as follows: (I) The Secretary of Energy or the Secretary's designee. (II) The Secretary of the Treasury or the Secretary's designee. (III) The Secretary of the Interior or the Secretary's designee. (IV) The Secretary of Agriculture or the Secretary's designee. (V) The Secretary of Transportation or the Secretary's designee. (VI) 6 members appointed by the President of the United States including a Chief Executive Officer, 1 member with expertise regarding renewable energy, 1 member with expertise regarding energy efficiency, 1 member with expertise regarding electric utilities, 1 member with expertise regarding consumer affairs, and 1 member with expertise regarding sustainable transportation. (iii) Quorum 6 members of the Board shall constitute a quorum. (iv) Bylaws The Board shall adopt, and may amend, such bylaws as are necessary for the proper management and functioning of the Bank, and shall, in such bylaws, designate the vice presidents and other officers of the Bank and prescribe their duties. (v) Terms The initial terms of the members of the Board shall be 4 years. For terms beginning after the first 4 years following the date of the enactment of this section, the Board shall create staggered terms of 2, 3, and 4 years for members of the Board. (vi) Vacancies Any vacancy on the Board shall be filled in the same manner in which the original appointment was made. (vii) Interim appointments Any member appointed to fill a vacancy occurring before the expiration of the term for which such member’s predecessor was appointed shall be appointed only for the remainder of such term. (viii) Reappointment Members of the Board may be reappointed for additional terms of service as members of the Board. (ix) Continuation of service Any member of the Board whose term has expired may continue to serve on the Board until the earlier of— (I) the date on which such member’s successor is appointed; or (II) the end of the 6-month period beginning on the date such member’s term expires. (x) Chairman The Board shall select a Chairman from among its members. (B) Executive Vice President The Chief Executive Officer shall appoint an Executive Vice President who— (i) shall serve as Chief Executive Officer of the Bank during the absence or disability of, or in the event of a vacancy in the office, of Chief Executive Officer; and (ii) shall at other times perform such functions as the Chief Executive Officer may prescribe. (C) Policies and Procedures At the request of any 2 members of the Board, the Chairman shall place an item pertaining to the policies or procedures of the Bank on the agenda for discussion by the Board. Not later than 30 days after the date such a request is made, the Chairman shall hold a meeting of the Board at which such item shall be discussed. (D) Conflicts of interest No director, officer, attorney, agent, or employee of the Bank shall in any manner, directly or indirectly, participate in the deliberation upon, or the determination of, any question affecting such individual’s personal interests, or the interests of any corporation, partnership, or association in which such individual is directly or indirectly personally interested. (5) Hiring and Contracting authority (A) Contracting The Bank may employ or otherwise contract with banks, credit agencies, attorneys, and other third parties at customary commercial rates. (B) Hiring Notwithstanding any otherwise applicable Federal rules and regulations, the Bank may employ and otherwise contract with employees and provide compensation to such employees at prevailing rates for compensation for similar positions in private industry. (6) Sunset (A) Expiration of charter The Bank shall continue to exercise its functions until all obligations and commitments of the Bank are discharged, even after its charter has expired. (B) Prior obligations No provisions of this subsection shall be construed as preventing the Bank from— (i) acquiring obligations prior to the date of the expiration of its charter which mature subsequent to such date; (ii) assuming, prior to the date of the expiration of its charter, liability as guarantor, endorser, or acceptor of obligations which mature subsequent to such date; (iii) issuing, prior or subsequent to the date of the expiration of its charter, for purchase by the Secretary of the Treasury or any other purchasers, its notes, debentures, bonds, or other obligations which mature subsequent to such date; or (iv) continuing as a corporation and exercising any of its functions subsequent to the date of the expiration of its charter for purposes of orderly liquidation, including the administration of its assets and the collection of any obligations held by the Bank. (e) Lending, Financing, Expenditures (1) In general The Bank shall establish a program to provide on a competitive basis loans, loan guarantees, debt securitization, insurance, portfolio insurance, and other forms of financing support or risk management, as the Bank determines appropriate, for any qualifying clean energy project or qualifying energy efficiency project. (2) Requirements The Bank may only provide financing support (including loans, loan guarantees, debt securitization, insurance, portfolio insurance, and other forms of financing support or risk management under paragraph (1)) if— (A) such support is commercially reasonable and does not exceed 80 percent of the capitalization of the qualified clean energy project or qualified energy efficiency project; (B) is secured by the underlying project or such other collateral as the Chief Executive Officer of the Bank determines appropriate; and (C) in the judgment of the Chief Executive Officer— (i) the private credit market is not providing adequately low-priced financing to enable otherwise credit worthy entities to carry out qualified clean energy projects and qualified energy efficiency projects; (ii) such financing support would facilitate construction or expansion of a qualified clean energy project or qualified energy efficiency project at an accelerated rate; or (iii) such financing support would stimulate, aid, or otherwise support domestic manufacturing of finished products or component parts used in clean energy projects or energy efficiency projects. (3) State clean energy financing institutions (A) Co-funding The Bank may co-fund a qualified clean energy project or qualified energy efficiency project with a State clean energy financing institution. (B) Establishment The Bank may make up to $500,000,000 available through a low-interest loan for the establishment of a State clean energy financing institution if the clean energy financing institution— (i) provides at least an equal amount for establishing such institution; and (ii) uses funding from the Bank only for the purposes described in this section. (4) Financing activities (A) In general The Bank may facilitate financing transactions in tax equity markets and long-term purchasing of clean energy by governmental and non-governmental not-for-profit entities, to the degree and extent that the Bank determines such financing activity is appropriate and consistent with carrying out the terms of this section. (B) Securitization (i) Authority The Bank may, upon such terms and conditions as the Bank considers appropriate, guarantee the timely payment of principal of and interest on securities that are— (I) issued by any issuer approved for the purposes of this subparagraph by the Bank; and (II) based on and backed by a trust or pool composed of loans made pursuant to this section. (ii) Fees The Bank may collect from the issuer of a security guaranteed under this subparagraph a reasonable fee for the guarantee under this subparagraph. (iii) Payments If an issuer fails to make any payment of principal of or interest on any security guaranteed under this subparagraph, the Bank shall make such payment as and when due, and upon such payment shall be subrogated fully to the rights satisfied by such payment. (iv) Default The Bank may, in connection with any guaranty under this subparagraph, whether before or after any default, provide by contract with the issuer for the extinguishment, upon default by the issuer, of any redemption, equitable, legal, or other right, title, or interest of the issuer in any loan or loans constituting the trust or pool against which the guaranteed securities are issued, and with respect to any issue of guaranteed securities, in the event of default and pursuant otherwise to the terms of the contract, the loans that constitute such trust or pool shall become the absolute property of the Bank subject only to the unsatisfied rights of the holders of the securities based on and backed by such trust or pool. (v) Effect of other laws No State or local law, and no Federal law (except Federal law enacted expressly in limitation of this subparagraph after the effective date of this subparagraph), shall preclude or limit the exercise by the Bank of— (I) its power to contract with the issuer on the terms stated in clause (iv); (II) its rights to enforce any such contract with the issuer; or (III) its ownership rights, as provided in clause (iv), in the loans constituting the trust or pool against which the guaranteed securities are issued. (5) Trusts The Bank is authorized to create, accept, execute, and otherwise administer in all respects trusts, receiverships, conservatorships, liquidating or other agencies, or other fiduciary and representative undertakings and activities, as appropriate for financing purposes. Instruments issued by the Bank pursuant to this section are, to the same extent as securities which are direct obligations of or obligations guaranteed as to principal or interest by the United States, exempt securities within the meaning of laws administered by the Securities and Exchange Commission. (6) Fees In addition to fees authorized under paragraph (4)(B)(ii), the Bank shall assess reasonable fees on its activities, including loans, loan guarantees, insurance, portfolio insurance, and other forms of financing support or risk management it provides so as to cover its reasonable costs and expenses, consistent with the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), provided the Bank operates as a not-for-profit entity. (7) Appropriations and retention of receipts For purposes of the Federal Credit Reform Act, funds made available to the Green Bank pursuant to section 3102A for carrying out this section are appropriated to the Green Bank for the purposes described in the section. Receipts collected by the Green Bank, consistent with the Federal Credit Reform Act, shall be considered to have been provided in advance in an appropriations act, and shall remain available to the Green Bank until expended. (8) Environmental review In providing any financing support under this section, the Bank may, with the concurrence of the Council on Environmental Quality, adopt by reference and rely on any applicable categorical exclusion or environmental review promulgated by any other Federal Agency pursuant to the National Environmental Policy Act of 1969 ( Public Law 91–190 ). (9) Immunity from impairment, limitation, or restriction (A) In general All rights and remedies of the Bank shall be immune from impairment, limitation, or restrictions by or under— (i) any law (other than a law enacted by Congress expressly in limitation of this paragraph) that becomes effective after the acquisition by the Bank of the subject or property on, under, or with respect to which the right or remedy arises or exists or would so arise or exist in the absence of the law; or (ii) any administrative or other action that becomes effective after the acquisition. (B) State Law The Bank may conduct its business without regard to any qualification or law of any State relating to incorporation. (10) Taxation (A) In general Subject to subparagraph (B), the Bank (including its activities, capital, reserves, surplus and income) shall be exempt from all taxation imposed by any State or local political subdivision of a State. (B) Real Property Any real property of the Bank shall be subject to taxation by a State or political subdivision of a State to the same extent according to the value of the real property as other real property is taxed. (11) Power to remove; jurisdiction Notwithstanding any other provision of law, any civil action, suit, or proceeding to which the Bank is a party shall be deemed to arise under the laws of the United States, and the United States district courts shall have original jurisdiction. The Bank may, without bond or security, remove any such action, suit, or proceeding from a State court to a United States district court or to the United States District Court for the District of Columbia. (12) Spending safeguards (A) In general The Chief Executive Officer of the Bank— (i) shall require any entity receiving financing support (including a loan, loan guarantee, debt securitization, insurance, portfolio insurance, and other forms of financing support or risk management) pursuant to this section to report quarterly, in a format specified by the Chief Executive Officer, on such entity’s use of such support and its progress fulfilling the objectives for which such support was granted, and the Chief Executive Officer shall make these reports available to the public; (ii) may establish additional reporting and information requirements for any recipient of financing support made available pursuant to this section; (iii) shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any financing support made available pursuant to this section; (iv) may, in addition to and consistent with any other authority under applicable law, deobligate financing support made available pursuant to this section to entities that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Chief Executive Officer, and award these funds competitively to new or existing applicants consistent with this section; (v) shall create and maintain a fully searchable database, accessible on the Internet (or successor protocol) at no cost to the public, that contains at least— (I) a list of each entity that has applied for a loan, loan guarantee, insurance, portfolio insurance, or other forms of financing support or risk management under this section; (II) a description of each application; (III) the status of each such application; (IV) the name of each entity receiving funds made available pursuant to this section; (V) the purpose for which such entity is receiving such funds; (VI) each quarterly report submitted by the entity pursuant to this section; and (VII) such other information sufficient to allow the public to understand and monitor loans, loan guarantees, insurance, portfolio insurance, and other forms of financing support or risk management provided under this section; (vi) to the extent practicable, data maintained under clause (v) shall be used to inform private capital markets, including the development of underwriting standards for the financing of clean energy projects and energy efficiency projects; (vii) shall make all financing transactions available for public inspection, including formal annual reviews by both a private auditor and the Comptroller General; and (viii) shall at all times be available to receive public comment in writing on the activities of the Bank. (B) Protection of confidential business information To the extent necessary and appropriate, the Chief Executive Officer may redact any information regarding applicants and borrowers to protect confidential business information. (13) Guarantee Except as provided in section 3102A(e) with respect to Green Bonds, financial support provided by the Bank shall not be fully and unconditionally guaranteed by the United States. . 3. Conforming amendments (a) Tax exempt status Subsection (l) of section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (4) The Green Bank established under section 9801 of title 31, United States Code. . (b) Wholly owned Government corporation Paragraph (3) of section 9101 of title 31, United States Code, is amended by adding at the end the following: (S) the Green Bank. . (c) Clerical amendments (1) The table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3102 the following new item: 3102A. Green bonds. . (2) The table of chapters for subtitle VI of title 31, United States Code, is amended by adding at the end the following new item: 98. Green Bank 9801 . 4. Defer deduction of interest expense related to deferred income (a) In general Section 163 of the Internal Revenue Code of 1986 (relating to deductions for interest expense) is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Deferral of deduction for interest expense related to deferred income (1) General rule In the case of any taxpayer, the amount of foreign-related interest expense allowed as a deduction under this chapter for any taxable year shall not exceed an amount that bears the same ratio to the sum of the foreign-related interest expense for such year and the deferred foreign-related interest expense as the current inclusion ratio. (2) Treatment of deferred deductions If, for any taxable year— (A) the amount that bears the same ratio to the sum of the foreign-related interest expense for such year and the deferred foreign-related interest expense as the current inclusion ratio, exceeds (B) the foreign-related interest expense for such year, there shall be allowed as a deduction for such year an amount equal to the lesser of such excess and the deferred foreign-related interest expense. (3) Definitions and special rule For purposes of this subsection— (A) Foreign-related interest expense The term foreign-related interest expense means, for any taxable year, an amount of interest expense for such taxable year allocated and apportioned under sections 861 and 864(e) to income from sources outside the United States which bears the same proportion to such interest expense as the value of all stock held by the taxpayer in all section 902 corporations (as defined in section 909(d)(5)) with respect to which the taxpayer meets the ownership requirements of subsection (a) or (b) of section 902 bears to the value of all assets of the taxpayer which generate gross income from sources outside the United States. (B) Deferred foreign-related interest expense The term deferred foreign-related interest expense means the excess, if any, of the aggregate foreign-related interest expense for all prior taxable years, over the aggregate amount allowed as a deduction under paragraphs (1) and (2) for all prior taxable years. (C) Value of assets Except as otherwise provided by the Secretary, for purposes of paragraph (3)(A)(i), the value of any asset shall be the amount with respect to such asset used as determined for purposes of allocating and apportioning interest expense under sections 861 and 864(e). (D) Current inclusion ratio The term current inclusion ratio means, with respect to any domestic corporation which meets the ownership requirements of subsection (a) or (b) of section 902 with respect to one or more section 902 corporations for any taxable year, the ratio (expressed as a percentage) of— (i) the sum of all dividends received by the domestic corporation from a section 902 corporation during the taxable year plus amounts includible in gross income under section 951(a) from such section 902 corporation, in each case computed without regard to section 78, divided by (ii) the aggregate amount of post-1986 undistributed earnings for the taxable year. (E) Aggregate amount of post-1986 undistributed earnings The term aggregate amount of post-1986 undistributed earnings means, with respect to any domestic corporation which meets the ownership requirements of subsection (a) or (b) of section 902 with respect to one or more section 902 corporations, the domestic corporation’s pro rata share of the post-1986 undistributed earnings (as defined in section 902(c)(1)) of all such section 902 corporations. (F) Foreign currency conversion For purposes of determining the current inclusion ratio, and except as otherwise provided by the Secretary, the aggregate amount of post-1986 undistributed earnings for the taxable year shall be determined by translating each section 902 corporation’s post-1986 undistributed earnings into dollars using the average exchange rate for such year. (4) Treatment of affiliated groups The current inclusion ratio of each member of an affiliated group (as defined in section 864(e)(5)(A)) shall be determined as if all members of such group were a single corporation. (5) Application to separate categories of income This subsection shall be applied separately with respect to the categories of income specified in section 904(d)(1). (6) Regulations The Secretary may prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance providing— (A) for the proper application of this subsection with respect to changes in ownership of a section 902 corporation, (B) that certain corporations that otherwise would not be members of the affiliated group will be treated as members of the affiliated group for purposes of this subsection, (C) for the proper application of this subsection with respect to the taxpayer’s share of a deficit in earnings and profits of a section 902 corporation, (D) for appropriate adjustments to the determination of the value of stock in any section 902 corporation for purposes of this subsection or to the foreign-related interest expense to account for income that is subject to tax under section 882(a)(1), and (E) for the proper application of this subsection with respect to interest expense that is directly allocable to income with respect to certain assets. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after January 1, 2015.
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113-hr-4523
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I 113th CONGRESS 2d Session H. R. 4523 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Farenthold introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Intermodal Surface Transportation Efficiency Act of 1991 with respect to the identification of high priority corridors on the National Highway System, and for other purposes.
1. Short title This Act may be cited as the 44 to 69 Act of 2014 . 2. Identification of high priority corridors on National Highway System Section 1105(c)(18)(D) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended— (1) in clause (ii) by striking and at the end; (2) in clause (iii) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iv) include Texas State Highway 44 from United States Route 59 at Freer, Texas, to Texas State Highway 358. .
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113-hr-4524
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I 113th CONGRESS 2d Session H. R. 4524 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Ms. Titus (for herself and Mr. Moran ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Animal Welfare Act to require that covered persons develop and implement emergency contingency plans.
1. Short Title This Act may be cited as the Animal Emergency Planning Act of 2014 . 2. Findings Congress makes the following findings: (1) Hurricanes Katrina and Sandy, as well as other recent natural and man-made disasters, have highlighted the need for planning to minimize the impact of disasters. (2) Lack of preparedness in times of disaster can have especially devastating effects on animals and the people who risk their lives to protect them. (3) Local first-responders, non-governmental agencies, and private individuals most often shoulder the cost and responsibility of animals affected by disasters. (4) It is reasonable to ask those who use animals commercially to demonstrate a level of readiness to protect the animals under their care. 3. Requirement that covered entities develop and implement emergency contingency plans (a) In General The Animal Welfare Act ( 7 U.S.C. 2131 et seq. ) is amended by adding at the end the following: 30. Animal Emergency Planning (a) Covered Person For purposes of this section, the term covered person means a research facility, dealer, exhibitor, intermediate handler, carrier, or Federal research facility. (b) Contingency Plan Each covered person shall develop, document, and follow a contingency plan to provide for the humane handling, treatment, transportation, housing, and care of its animals in the event of an emergency or disaster. Such a contingency plan shall— (1) identify situations that the covered person might experience, including natural disasters and emergencies such as electrical outages, faulty HVAC systems, fires, mechanical breakdowns, and animal escapes, that would trigger the need for the measures identified in the contingency plan to be put into action; (2) outline specific tasks to be carried out in response to the identified emergencies or disasters, including detailed animal evacuation or shelter-in-place instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, and veterinary care; (3) establish a chain of command and identify the individuals responsible for fulfilling the tasks described in paragraph (2); and (4) address how response and recovery will be handled in terms of materials, resources, and training needed. (c) Annual Review Each covered person shall— (1) review its contingency plan on at least an annual basis to ensure that it adequately addresses the criteria described in subsection (b); and (2) maintain documentation of the annual reviews and any amendments or changes made to its contingency plan since the previous year's review. (d) Training Each covered person shall— (1) train its personnel in their roles and responsibilities as outlined in the contingency plan; (2) communicate any changes in the contingency plan to personnel through training within 30 days after making the changes; and (3) maintain documentation of its personnel’s participation in and successful completion of the training required by this subsection. (e) Availability of Documentation (1) In General Each covered person shall submit its contingency plan, as well as any documentation described in subsections (c)(2) and (d)(3), to the Secretary annually. (2) While Traveling A covered person engaged in travel must carry a copy of its contingency plan with it at all times and make it available for inspection by the Secretary while in travel status. . (b) Regulations (1) Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture of the United States shall promulgate such regulations as the Secretary determines to be necessary to carry out section 30 of the Animal Welfare Act, as added by subsection (a) of this Act. (2) The regulations described in paragraph (1) shall be made without regard to the rulemaking procedures under section 553 of title 5, United States Code. (c) No Preemption Nothing in this Act or the amendments made by this Act preempts any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection for animals than the requirements of this Act or the amendments made by this Act. (d) Effective Date The amendments made by subsection (a) shall apply to covered persons (as defined in such subsection) beginning on the date that is 30 days after the date of enactment of this Act.
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113-hr-4525
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I 113th CONGRESS 2d Session H. R. 4525 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Moran (for himself, Mr. Jones , Mr. Johnson of Georgia , Ms. Chu , Mr. Schiff , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Animal Welfare Act to restrict the use of exotic and non-domesticated animals in traveling circuses and exhibitions.
1. Short title This Act may be cited as the Traveling Exotic Animal Protection Act . 2. Findings Congress finds that— (1) traveling circuses are detrimental to animal welfare due to the adverse effects of captivity and transport; (2) due to severe confinement, lack of free exercise, and the restriction of natural behaviors, animals used in circuses suffer and are prone to health, behavioral, and psychological problems; (3) the tricks that exotic and non-domesticated animals are forced to perform require extreme physical coercion techniques, including the restriction of food, the use of elephant hooks (objects used to control and punish elephants), electric shocks, metal bars, whips, and other forms of physical abuse; (4) the welfare of animals subject to the conditions in traveling circuses, such as constant travel, limited facilities, long periods of restriction of movement, stress, and physical coercion, will inevitably be compromised, which can lead to increased risks to public safety; (5) animals in traveling circuses pose an additional risk to public safety because such animals have wild instincts and needs and have demonstrated unpredictability; (6) the use of collapsible, temporary facilities in traveling circuses increases the risk of escaping exotic and non-domesticated animals seriously harming workers and the public; (7) traveling circuses bring people dangerously close to exotic and non-domesticated animals by displaying animals in inappropriate, uncontrolled areas that are not suited for the exhibition of such animals; (8) it is not possible to provide exotic and non-domesticated animals with facilities sufficient to maintain the optimum physical and mental health of the animals because of the suffering caused to the animals by the nature of circuses, in which restriction of movement, separation from natural groupings, restriction of food and water, and physical abuse are prevalent; (9) due to the mobile and transitory nature of traveling circuses, law enforcement authorities cannot properly monitor the conditions of the animals or follow up on previous infractions by traveling circuses; and (10) restricting the use of exotic and non-domesticated animals in circuses is the most cost-effective and efficient way to safeguard both animal welfare and public safety. 3. Use of exotic or wild animals in traveling circuses and exhibitions Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended by adding at the end the following new subsection: (i) (1) No exhibitor may allow for the participation of an exotic or wild animal (including a non-human primate) in an animal act if, during the 15-day period preceding such participation, such animal was traveling in a mobile housing facility. (2) The restriction under paragraph (1) shall not apply to the use of an exotic or wild animal (including a non-human primate)— (A) in an exhibition at a non-mobile, permanent institution or facility, including an accredited zoo or aquarium; (B) as part of an outreach program for educational or conservation purposes by an accredited zoo or aquarium, if the animal used for such purposes is not kept in a mobile housing facility for more than 12 hours a day; (C) by a university, college, laboratory, or other research facility registered with the Secretary pursuant to section 6; (D) in film, television, or advertising if such use does not involve a live public exhibition; or (E) in a rodeo. (3) A traveling circus or exhibitor that fails to comply with this subsection shall be subject to the penalties provided for under section 19. . 4. Effective date The amendments made by this Act shall take effect on the date that is one year after the date of the enactment of this Act.
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113-hr-4526
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I 113th CONGRESS 2d Session H. R. 4526 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Rush (for himself, Mr. Whitfield , and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Secretary of Energy to establish and carry out a comprehensive program to improve education and training for energy-related jobs.
1. Short title This Act may be cited as the 21st Century Energy Workforce Development Jobs Initiative Act of 2014 . 2. Findings The Congress finds the following: (1) There are, currently and for well into the future, significant opportunities for African-Americans and Hispanic-Americans throughout the energy industry at each level of education and training, but raising the educational achievement for large segments of the upcoming generation is resource intensive and will take decades to achieve, although the payoff of an increased skilled labor pool would be enormous to society in general and United States industry in particular. (2) African-Americans and Hispanic-Americans represent an important talent pool to help meet the demands of the projected growth in the energy industry, and workforce training and education in business, finance, science, technology, engineering, and mathematics will prove vital in achieving this growth, as noted by the American Petroleum Institute. (3) Improving minority preparation in science, technology, engineering, and mathematics related disciplines at the primary and secondary school levels is crucial to increasing the share of minority science-based degree attainment in 4-year and 2-year programs of higher education, as well as for increasing attainment of vocational certificates. (4) The rates at which African-Americans and Hispanic-Americans attain employment in the energy industry is in part related to the choice of the field of study for college degrees (4-year or 2-year) and vocational certificates. (5) Data from the National Center for Education Statistics suggest that, over the 2001 through 2010 period, African-American and Hispanic-American students chose and completed 4-year college degrees applicable to employment in the oil and natural gas industry at rates one-fifth and one-half, respectively, the rates of the total student population. (6) With respect to 2-year associate degrees and certificates, data from the National Center for Education Statistics suggest that over the same time period, African-American and Hispanic-American students chose and completed programs of study/training applicable to employment in the oil and natural gas industry at rates roughly one-tenth above and one-third below, respectively, the rates of the total student population. (7) The American Petroleum Institute projects 525,000 new job opportunities in the oil and natural gas industry by 2020, with 166,000, or 31 percent of such jobs, expected to be held by African-American and Hispanic-American workers, and, with forward looking policies, that number could increase to a projected 811,000 new job opportunities, with more than 285,000, or 35 percent, of such jobs being filled by minorities, by 2030. (8) The American Petroleum Institute projects that more than 50 percent of all jobs created in the oil and natural gas industry by 2020 would be high-paying skilled and semiskilled blue collar jobs, with a significant range of opportunities at the scientific/managerial level requiring a college degree. (9) The American Petroleum Institute projects that over half of the future potential job growth in the oil and natural gas industry, approximately 417,000 jobs, is expected in the Gulf region, with the East region expected to contribute nearly 140,000 job opportunities, the Rockies region nearly 116,000 job opportunities, and the West, Alaska, and Central regions expected to contribute approximately 138,000 job opportunities combined. (10) The National Mining Association reports that the coal mining industry supported a total of 805,680 jobs in 2011. That includes 204,580 direct jobs, including mine workers (143,520), support activities (7,280), and transportation (53,780). (11) Broad occupational categories of potential job creation in the upstream oil and gas industry include— (A) management, business, and financial jobs; (B) professional and related jobs; (C) service jobs; (D) sales and related jobs; (E) office and administrative support jobs; (F) skilled blue collar jobs; (G) semiskilled blue collar jobs; and (H) unskilled blue collar jobs. (12) Potential job creation in the upstream oil and gas industry by selected detailed occupational category include— (A) derrick, rotary drill, and service unit operators; (B) oil and gas roustabouts; (C) operating engineers and other construction workers; (D) equipment operators; (E) construction laborers; (F) first-line supervisors/managers of construction and extraction workers; (G) heavy and tractor-trailer truck drivers; (H) pump operators and wellhead pumpers; (I) helpers and other extraction workers; (J) petroleum engineers; and (K) secretaries. (13) The National Petroleum Council estimates that over the next decade 30,000 miles of new long-distance natural gas pipelines will be needed to manage the new sources of shale natural gas supply, while a 2007 Census Bureau’s Survey of Business Owners estimated that a very small percentage of pipelines were owned by minority-owned and woman-owned firms compared to the total owned by nonminority males. (14) In 2013, the Energy Information Administration estimated that relatively low natural gas prices, maintained by growing shale natural gas production, will spur increased use of natural gas in the industrial and electric power sectors by 16 percent, from 6.8 trillion cubic feet per year in 2011 to 7.8 trillion cubic feet per year in 2025, while total consumption of natural gas in the United States will continue to grow in the electric power sector from 16 percent of generation in 2000 to 30 percent in 2040, which will lead to a significant number of new jobs in the natural gas sector. (15) The Energy Information Administration estimates natural gas production in the United States will increase annually, outpacing domestic consumption and making the United States a net exporter of natural gas by 2019, while continued low levels of liquefied natural gas imports, combined with increased United States exports of domestically sourced liquefied natural gas, position the United States as a net exporter of liquefied natural gas by 2016, creating an abundance of new jobs and investment opportunities. (16) The Energy Information Administration estimates that coal-fired electricity generation will remain a dominant resource in the Nation’s total generation portfolio, representing 34 percent of United States baseload electricity in 2035. (17) In 2013, a report by the Bloomberg New Energy Finance research team estimated that clean energy investment is most likely to grow by 230 percent to a projected $630 billion annually in 2030, driven by further improvements in the cost-competitiveness of wind and solar technologies and an increase in the roll-out of non-intermittent clean energy sources including hydropower, geothermal, and biomass, requiring additional investment in science, technology, engineering, and mathematics education. (18) A 2013 report by the Bloomberg New Energy Finance research team estimated that renewable energy projects including wind, solar, hydropower, and biomass will account for 70 percent of new power generation capacity between 2012 and 2030, and, by 2030, renewable energy will account for half of the generation capacity worldwide, up from 28 percent in 2012, requiring additional investment in supporting infrastructure, including long distance transmission systems, smart grids, storage, and demand response. (19) The Energy Information Administration states that since 2005 renewable energy has garnered more than $1.3 trillion worth of investment and the Energy Information Administration estimates that global energy consumption will increase by 47 percent between 2010 and 2035, with clean energy providing more than half of that new capacity and attracting up to $5.9 trillion worth of investment, leading to new employment and investment opportunities. 3. Comprehensive program for energy-related jobs for the 21st century (a) In general The Secretary of Energy (in this Act referred to as the Secretary ) shall establish and carry out a comprehensive program to improve education and training for energy-related jobs in order to increase the number of skilled minorities and women trained to work in energy-related jobs, including by— (1) encouraging minority and women students to enter into the energy science, technology, engineering, and mathematics (in this Act referred to as STEM ) fields; (2) ensuring that the Nation’s education system is equipping students with the skills, training, and technical expertise necessary to fill the employment opportunities vital to managing and operating the Nation’s energy industry; and (3) providing students and other candidates with the necessary skills and certifications for skilled, semiskilled, and highly skilled energy-related jobs. (b) Priority The Secretary shall make educating and training minorities and other workers for energy-related jobs a national priority under the program established under subsection (a). (c) Direct assistance In carrying out the program established under subsection (a), the Secretary shall provide direct assistance (including grants, technical expertise, mentorships, and partnerships) to community colleges, workforce development organizations, and minority-serving institutions. (d) Clearinghouse In carrying out the program established under subsection (a), the Secretary shall establish a clearinghouse to— (1) maintain and update information and resources on training and workforce development programs for energy-related jobs; and (2) act as a resource, and provide guidance, for schools, community colleges, universities, workforce development programs, and industry organizations that would like to develop and implement energy-related training programs. (e) Collaboration In carrying out the program established under subsection (a), the Secretary— (1) shall collaborate with schools, community colleges, universities, workforce training organizations, national laboratories, unions, State energy offices, and the energy industry; (2) shall encourage and foster collaboration, mentorships, and partnerships among organizations (including unions, industry, schools, community colleges, workforce development organizations, and universities) that currently provide effective job training programs in the energy field and institutions (including schools, community colleges, workforce development programs, and universities) that seek to establish these types of programs in order to share best practices and approaches that best suit local, State, and national needs; and (3) shall collaborate with the Energy Information Administration and the Bureau of the Census to develop a comprehensive and detailed understanding of the energy workforce needs and opportunities by State and by region. (f) Guidelines for educational institutions (1) In general In carrying out the program established under subsection (a), the Secretary, in collaboration with the Secretary of Education and the Secretary of Labor, shall develop guidelines for educational institutions of all levels, including for elementary and secondary schools and community colleges and for undergraduate, graduate, and postgraduate university programs, to help provide graduates with the skills necessary to work in energy-related jobs. (2) Input The Secretary shall solicit input from the oil, gas, coal, renewable, nuclear, utility, and pipeline industries in developing guidelines under paragraph (1). (3) Energy efficiency and conservation initiatives The guidelines developed under paragraph (1) shall include grade-specific guidelines for teaching energy efficiency and conservation initiatives to educate students and families. (4) STEM education The guidelines developed under paragraph (1) shall promote STEM education as it relates to job opportunities in energy-related fields of study in schools, community colleges, and universities nationally. (g) Outreach to MSIs In carrying out the program established under subsection (a), the Secretary shall— (1) give special consideration to increasing outreach to minority serving institutions (including historically black colleges and universities, predominantly black institutions, Hispanic serving institutions, and tribal institutions); (2) make resources available to minority serving institutions with the objective of increasing the number of skilled minorities and women trained to go into the energy sector; and (3) encourage industry to improve the opportunities for students of minority serving institutions to participate in industry internships and cooperative work/study programs. (h) Guidelines To develop skills for an energy industry workforce In carrying out the program established under subsection (a), the Secretary shall collaborate with representatives from the energy industry (including the oil, gas, coal, nuclear, utility, pipeline, renewable, and nuclear sectors) to identify the areas of highest need in each sector and to develop guidelines for the skills necessary to develop a workforce trained to go into the following sectors of the energy industry: (1) Energy efficiency industry, including work in energy efficiency, conservation, weatherization, or retrofitting, or as inspectors or auditors. (2) Pipeline industry, including work in pipeline construction and maintenance or work as engineers or technical advisors. (3) Utility industry, including as utility workers, linemen, electricians, pole workers, or repairmen. (4) Alternative fuels, including work in biofuel development and production. (5) Nuclear industry, including work as scientists, engineers, technicians, mathematicians, or security personnel. (6) Oil and gas industry, including work as scientists, engineers, technicians, mathematicians, petrochemical engineers, or geologists. (7) Renewable industry, including work in the development and production of renewable energy sources (such as solar, hydropower, wind, or geothermal energy). (8) Coal industry, including work as coal miners, engineers, developers and manufacturers of state-of-the-art coal facilities, technology vendors, coal transportation workers and operators, and mining equipment vendors. (i) Enrollment in training and apprenticeship programs In carrying out the program established under subsection (a), the Secretary shall work with organized labor and community-based workforce organizations to help identify students and other candidates, including from historically underserved communities such as minorities, women, and veterans, to enroll into training and apprenticeship programs for energy-related jobs.
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113-hr-4527
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I 113th CONGRESS 2d Session H. R. 4527 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Michaud (for himself and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To remove a use restriction on land formerly a part of Acadia National Park that was transferred to the town of Tremont, Maine, and for other purposes.
1. Use restriction removed The Act entitled An Act to authorize the conveyance, for school purposes, of certain land in Acadia National Park to the town of Tremont, Maine, and for other purposes , approved August 1, 1950, is amended by adding at the end the following: Lands conveyed to the town of Tremont, Maine, under the Act known as NPS Tract 06–126, which were conveyed by the National Park Service in deed recorded at the Hancock County Registry of Deeds Book 737 Page 467, National Park Service Deed 377, shall no longer be required to be used exclusively and perpetually for school purposes and upon the discontinuance of such use of said land, or any part thereof, shall no longer be required to revert to the United States. .
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113-hr-4528
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I 113th CONGRESS 2d Session H. R. 4528 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Lipinski introduced the following bill; which was referred to the Committee on Armed Services A BILL To require a report and briefing to Congress explaining the procurement and inspection process for armored vehicles to transport civilian employees of the Department of Defense.
1. Report and briefing to Congress explaining the procurement and inspection process for armored vehicles to transport civilian employees of the Department of Defense (a) Sense of congress It is the sense of Congress that— (1) civilian employees of the Department of Defense should be provided all reasonable protection while in hostile foreign areas, and that protection should include adequate armored vehicle transportation; and (2) to ensure adequate protection, the Department of Defense should employ stringent, uniform standards while procuring armored vehicles for civilians to be used overseas as well as stringent standards for inspection upon delivery. (b) Report required Not later than 120 days after the date of the enactment of this Act, the Secretary, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall submit to the congressional defense committees a report on the Department’s policies for procuring and inspecting armored vehicles for transporting civilian employees. Such report should include the following: (1) An explanation of what the Department’s current policies are for procuring and inspecting armored vehicles for transporting civilians through hostile or potentially hostile territory. (2) A comparison of the policies outlined in paragraph (1) with other departments, and specifically the Department of State. (3) An evaluation by the Secretary to determine whether changes to the policies outlined in paragraph (1) would be beneficial in enhancing safety for the civilians described in paragraph (1). (4) Any other matters the Secretary determines appropriate. (c) Briefing required Not later than 120 days after the date of the enactment of this Act, the Secretary, in consultation with the Under Secretary of Defense of Acquisition, Technology, and Logistics, shall provide to the congressional defense committees a detailed briefing on the report required in subsection (b).
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113-hr-4529
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I 113th CONGRESS 2d Session H. R. 4529 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Price of North Carolina 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 personal disclosure statements in all third-party communications advocating the election or defeat of a candidate, to require the disclosure of identifying information within paid communications made through the Internet, to apply disclosure requirements to prerecorded telephone calls, and for other purposes.
1. Short title This Act may be cited as the Stand By Every Ad Act of 2014 . 2. Requiring Personal Disclosure Statements in Express Advocacy Communications (a) Application of Disclosure Requirements to Communications Consisting of Functional Equivalent of Express Advocacy Section 318(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d(a) ) is amended by striking clearly identified candidate, and inserting clearly identified candidate or consisting of the functional equivalent of express advocacy, . (b) Requiring Statement Identifying Head of Entity Paying for Communication Section 318(d) of such Act ( 2 U.S.C. 441d(d) ) is amended— (1) in paragraph (2), by striking Any communication and inserting Except as provided in paragraph (3), any communication ; and (2) by adding at the end the following new paragraph: (3) Special rules for express advocacy communications (A) Personal disclosure statement required Any communication described in paragraph (3) of subsection (a) which expressly advocates the election or defeat of a clearly identified candidate, or which consists of the functional equivalent of express advocacy, and which is transmitted through radio or television shall include, in addition to the requirements of that paragraph— (i) the individual disclosure statement described in subparagraph (C) (if the person paying for the communication is an individual) or the organizational disclosure statement described in subparagraph (D) (if the person paying for the communication is not an individual); and (ii) if the person who paid for the communication received any disbursement from another person for purposes of financing the communication, a statement of the names of the persons providing the largest disbursements for such purposes, except that the number of persons identified in the statement may not exceed 5. (B) Method of conveyance of statement (i) Communications transmitted through radio In the case of a communication to which this paragraph applies which is transmitted through radio, the disclosure statements required under subparagraph (A)— (I) shall be made by audio in a clearly spoken manner; and (II) in the case of the individual disclosure statement described in subparagraph (C) or the organization disclosure statement described in subparagraph (D), shall be made by the applicable individual. (ii) Communications transmitted through television In the case of a communication to which this paragraph applies which is transmitted through television, the disclosure statements required under subparagraph (A)— (I) shall appear in writing at the end of the communication in a clearly readable manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds; and (II) in the case of the individual disclosure statement described in subparagraph (C) or the organization disclosure statement described in subparagraph (D), shall be conveyed by an unobscured, full-screen view of the applicable individual, or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual. (C) Individual disclosure statement described The individual disclosure statement described in this subparagraph is the following: I am _______, and I am responsible for the content of this advertising. , with the blank filled in with the name of the applicable individual. (D) Organizational disclosure statement described The organizational disclosure statement described in this subparagraph is the following: I am _______, the _______ of _______, and _______ is responsible for the content of this advertising. , with— (i) the first blank to be filled in with the name of the applicable individual; (ii) the second blank to be filled in with the title of the applicable individual; and (iii) the third and fourth blank each to be filled in with the name of the person paying for the communication. (E) Applicable individual defined In this paragraph, the term applicable individual means, with respect to a communication to which this paragraph applies— (i) if the communication is paid for by an individual, the individual paying for the communication; (ii) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); (iii) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; or (iv) if the communication is paid for by any other person, the president, chief executive officer, highest ranking official, or similar officer of the person who serves in an executive, decisionmaking capacity with respect to the making of communications to which this paragraph applies. . (c) Effective Date The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act. 3. Application of disclosure requirements for audio and video communications to paid audio and video portions of communications transmitted through Internet or electronic mail (a) Communications by Candidates or Authorized Persons Section 318(d)(1) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d(d)(1) ) is amended by adding at the end the following new subparagraph: (C) Audio and video portions of communications transmitted through Internet or electronic mail In the case of a communication described in paragraph (1) or (2) of subsection (a) which is transmitted through the Internet or through any form of electronic mail— (i) any audio portion of the communication shall meet the requirements applicable under subparagraph (A) to communications transmitted through radio; and (ii) any video portion of the communication shall meet the requirements applicable under subparagraph (B) to communications transmitted through television. . (b) Communications by Others (1) In general Section 318(d)(2) of such Act ( 2 U.S.C. 441d(d)(2) ) is amended by adding at the end the following: In the case of a communication described in paragraph (3) of subsection (a) which is transmitted through the Internet or through any form of electronic mail, any audio portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through radio and any video portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through television. . (2) Application of special personal disclosure rules for express advocacy communications Section 318(d)(3) of such Act, as added by section 2(a), is amended— (A) in subparagraph (A), by striking radio or television and inserting radio or television, through the Internet, or through any form of electronic mail ; and (B) in subparagraph (B), by adding at the end the following new clause: (iii) Communications transmitted through Internet or electronic mail In the case of a communication to which this paragraph applies which is transmitted through the Internet or through any form of electronic mail, any audio portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through radio and any video portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through television. . 4. Disclosure requirements for campaign communications made through prerecorded telephone calls (a) Application of requirements Section 318(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d(a) ) is amended by inserting after mailing, each place it appears the following: telephone call which consists in substantial part of a prerecorded audio message, . (b) Treatment as audio communication (1) Communications by candidates or authorized persons Section 318(d)(1) of such Act ( 2 U.S.C. 441d(d)(1) ), as amended by section 3(a), is further amended by adding at the end the following new subparagraph: (D) Prerecorded telephone calls Any communication described in paragraph (1) or (2) of subsection (a) which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under subparagraph (A) to communications transmitted through radio, except that the statement required under such subparagraph shall be made at the beginning of the telephone call. . (2) Communications by others (A) In general Section 318(d)(2) of such Act ( 2 U.S.C. 441d(d)(2) ), as amended by section 3(b), is further amended by adding at the end the following: Any communication described in paragraph (3) of subsection (a) which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under this paragraph to communications transmitted through radio, except that the statement required shall be made at the beginning of the telephone call. . (B) Application of special personal disclosure rules for express advocacy communications Section 318(d)(3) of such Act, as added by section 2(a) and as amended by section 3(b)(2), is further amended— (i) in subparagraph (A), by striking electronic mail and inserting electronic mail, or which is a telephone call which consists in substantial part of a prerecorded audio message, ; and (ii) in subparagraph (B), by adding at the end the following new clause: (iv) Communications made through prerecorded telephone calls Any communication to which this paragraph applies which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under this paragraph to communications transmitted through radio. . 5. No Expansion of Persons Subject to Disclaimer Requirements on Internet Communications Nothing in this Act or the amendments made by this Act may be construed to require any person who is not required under section 318 of the Federal Election Campaign Act of 1971 (as provided under section 110.11 of title 11 of the Code of Federal Regulations) to include a disclaimer on communications made by the person through the Internet to include any disclaimer on any such communications. 6. Effective date Except as provided in section 2(c), the amendments made by this Act shall apply with respect to communications made on or after the expiration of the 90-day period which begins on the date of the enactment of this Act.
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113-hr-4530
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I 113th CONGRESS 2d Session H. R. 4530 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Burgess (for himself and Mr. Huelskamp ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require the Secretary of State to offer rewards of up to $5,000,000 for information regarding the attacks on the United States diplomatic mission at Benghazi, Libya, that began on September 11, 2012.
1. Rewards authorized In accordance with the Rewards for Justice program authorized under section 36 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708 ), the Secretary of State shall offer a reward of not more than $5,000,000 to individuals who furnish information— (1) regarding the attacks on the United States diplomatic mission at Benghazi, Libya, that began on September 11, 2012; or (2) leading to the capture of an individual who committed, conspired to commit, attempted to commit, or aided in the commission of the attacks described in paragraph (1).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4530ih/xml/BILLS-113hr4530ih.xml
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113-hr-4531
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I 113th CONGRESS 2d Session H. R. 4531 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Sam Johnson of Texas (for himself, Mr. Brady of Texas , Mr. Paulsen , Mr. Tiberi , Mr. Boustany , Mr. Kelly of Pennsylvania , Mr. Marchant , Mr. Griffin of Arkansas , Ms. Jenkins , Mr. Gerlach , Mrs. Black , Mr. Reichert , Mr. Schock , Mr. Roskam , and Mr. Renacci ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the provision of performance awards to employees of the Internal Revenue Service who owe back taxes.
1. Short title This Act may be cited as the No Bonuses for Tax Delinquent IRS Employees Act of 2014 . 2. Prohibition on performance awards to IRS employees who owe back taxes (a) In general The Commissioner of the Internal Revenue Service shall not provide any performance award (including, but not limited to, bonuses, step increases, and time off) to an employee of the Internal Revenue Service who owes an outstanding Federal tax debt. (b) Outstanding Federal tax debt For purposes of this section, the term outstanding Federal tax debt means any outstanding debt under the Internal Revenue Code of 1986 which has not been paid after an assessment of a tax, penalty, or interest and which is not subject to further appeal or a petition for redetermination under such Code. A debt shall not fail to be treated as an outstanding Federal tax debt merely because it is the subject of an installment agreement under section 6159 of such Code or an offer-in-compromise under section 7121 of such Code.
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113-hr-4532
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I 113th CONGRESS 2d Session H. R. 4532 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mrs. Beatty (for herself and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to specify when bank holding companies may be subject to certain enhanced supervision.
1. Enhanced supervision of certain bank holding companies (a) Table of contents The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking the item relating to section 113 and inserting the following: Sec. 113. Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies. . (b) Revisions to Council authority (1) Purposes and duties Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5322 ) is amended in subsection (a)(2)(I) by inserting before the semicolon , which have been the subject of a final determination under section 113 . (2) Bank holding company designation Section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5323 ) is amended— (A) by amending the heading for such section to read as follows: Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies ; (B) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (C) by inserting after subsection (b) the following: (c) Bank holding companies subject to enhanced supervision and prudential standards under section 165 (1) In general There is a determination that bank holding companies with total consolidated assets equal to or greater than $250,000,000,000 shall be subject to enhanced supervision and prudential standards by the Board of Governors, in accordance with section 165. (2) Enhanced supervision for certain bank holding companies (A) Determination The Council shall review each bank holding company with total consolidated assets equal to or greater than $50,000,000,000 but less than $250,000,000,000 to determine whether such company shall be subject to enhanced supervision and prudential standards by the Board of Governors, in accordance with section 165. Such determination shall be made if the Council, on a non-delegable basis and by a vote of not fewer than 2/3 of the voting members then serving, including an affirmative vote by the Chairperson, determines that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company, could pose a threat to the financial stability of the United States. (B) Considerations In making a determination under subparagraph (A), the Council shall consider the following: (i) the size of the bank holding company; (ii) the interconnectedness of the bank holding company; (iii) the extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company; (iv) the global cross-jurisdictional activity of the bank holding company; and (v) the complexity of the bank holding company. (C) Review of determination With respect to a bank holding company described under subparagraph (A) that is not subject to enhanced supervision and prudential standards, the Council shall perform an additional review under subparagraph (A) of such company if— (i) the Council finds that the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company have significantly changed and the company should be reviewed again to determine if it may pose a threat to the financial stability of the United States; or (ii) a period of 36 months has passed since the bank holding company was last reviewed under subparagraph (A). (D) Notification of review If, after a review under this paragraph, the Council determines that a bank holding company described under subparagraph (A) shall be subject to enhanced supervision and prudential standards, the Council shall provide the bank holding company with written notice of such determination and an explanation of the Council’s reasoning for such determination. (E) Termination of enhanced supervision and prudential standards If, with respect to a bank holding company described under subparagraph (A) that is subject to enhanced supervision and prudential standards, the Council finds, on a non-delegable basis and by a vote of not fewer than 2/3 of the voting members then serving, including an affirmative vote by the Chairperson, that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company, do not pose a threat to the financial stability of the United States, such company shall no longer be subject to enhanced supervision and prudential standards. ; (D) in subsection (d), as so redesignated— (i) in paragraph (1)(A), by striking subsection (a)(2) or (b)(2) and inserting subsection (a)(2), (b)(2), or (c)(2) ; and (ii) in paragraph (4), by striking Subsections (d) through (h) and inserting Subsections (e) through (i) ; (E) in subsections (f), (g), (h), (i), and (j), as so redesignated— (i) by striking subsections (a) and (b) each place such term appears and inserting subsections (a), (b), and (c) ; and (ii) by striking nonbank financial company each place such term appears and inserting bank holding company for which there has been a determination under subsection (c) or nonbank financial company ; (F) in subsection (g), as so redesignated, by striking subsection (e) and inserting subsection (f) ; (G) in subsection (h), as so redesignated, by striking subsection (a), (b), or (c) and inserting subsection (a), (b), (c), or (d) ; and (H) in subsection (i), as so redesignated, by striking subsection (d)(2), (e)(3), or (f)(5) and inserting subsection (e)(2), (f)(3), or (g)(5) . (3) Enhanced supervision Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5325 ) is amended— (A) in subsection (a)(1), by striking large, interconnected bank holding companies and inserting bank holding companies which have been the subject of a final determination under section 113 ; (B) in subsection (a)(2)— (i) in subparagraph (A), by striking or at the end; (ii) by striking the Council may and all that follows through differentiate and inserting the Council may differentiate ; and (iii) by striking subparagraph (B); and (C) in subsection (b)(3), by striking subsections (a) and (b) of section 113 each place such term appears and inserting subsections (a), (b), and (c) of section 113 . (4) Reports Section 116(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5326(a) ) is amended by striking with total consolidated assets of $50,000,000,000 or greater and inserting which has been the subject of a final determination under section 113 . (5) Mitigation Section 121 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5331 ) is amended— (A) in subsection (a), by striking with total consolidated assets of $50,000,000,000 or more and inserting which has been the subject of a final determination under section 113 ; and (B) in subsection (c), by striking subsection (a) or (b) of section 113 and inserting subsection (a), (b), or (c) of section 113 . (6) Office of Financial Research Section 155 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5345 ) is amended in subsection (d) by striking with total consolidated assets of $50,000,000,000 or greater and inserting which have been the subject of a final determination under section 113 . (c) Revisions to Board authority (1) Acquisitions Section 163 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5363 ) is amended by striking with total consolidated assets equal to or greater than $50,000,000,000 each place such term appears and inserting which has been the subject of a final determination under section 113 . (2) Management interlocks Section 164 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5364 ) is amended by striking with total consolidated assets equal to or greater than $50,000,000,000 and inserting which has been the subject of a final determination under section 113 . (3) Enhanced supervision and prudential standards Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5365 ) is amended— (A) in subsection (a), by striking with total consolidated assets equal to or greater than $50,000,000,000 and inserting which have been the subject of a final determination under section 113 ; (B) in subsection (a)(2)— (i) by striking (A) In general.— ; and (ii) by striking subparagraph (B); (C) by striking subsections (a) and (b) of section 113 each place such term appears and inserting subsections (a), (b), and (c) of section 113 ; and (D) in subsection (j), by striking with total consolidated assets equal to or greater than $50,000,000,000 and inserting which has been the subject of a final determination under section 113 . (d) Effective date; expedited rulemaking authority (1) Effective date The amendments made by this section shall take effect on the earlier of the following: (A) the date on which the Financial Stability Oversight Council issues final regulations to carry out the amendment made by this section; or (B) the end of the 18-month period beginning on the date of the enactment of this Act. (2) Expedited Rulemaking Authority The Financial Stability Oversight Counsel and the Board of Governors of the Federal Reserve System shall— (A) issue regulations to carry out the amendments made by this section— (i) in proposed form, not later than the end of the 90-day period beginning on the date of the enactment of this Act; and (ii) in final form, not later than the end of the 180-day period beginning on the date of the enactment of this Act; and (B) such final regulations shall take effect not later than the end of the 1-year period beginning on the date of the enactment of this Act. 2. Sense of Congress It is the sense of Congress that— (1) consolidated asset size remains a factor, but only one of many factors, that should be considered in determining systemic risk; and (2) the more objective and complete processes identified in section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as modified by this Act, represent a more accurate indicator of systemic risk.
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113-hr-4533
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I 113th CONGRESS 2d Session H. R. 4533 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Cooper (for himself, Mr. Smith of Texas , and Mr. Himes ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on the Judiciary 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 amend the Inspector General Act of 1978 to provide for the Inspector General of the National Security Agency to be appointed by the President, by and with the advice and consent of the Senate, and for other purposes.
1. Short title This Act may be cited as the NSA Internal Watchdog Act . 2. Inspector General of the National Security Agency (a) Elevation of Inspector General status The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G(a)(2), by striking the National Security Agency, ; and (2) in section 12— (A) in paragraph (1), by inserting the National Security Agency, after the Federal Emergency Management Agency, ; and (B) in paragraph (2), by inserting the National Security Agency, after the National Aeronautics and Space Administration, . (b) Date of appointment Not later than 90 days after the date of the enactment of this Act, the President shall nominate a person for appointment, by and with the advice and consent of the Senate, as Inspector General of the National Security Agency under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by subsection (a). (c) Transition rule An individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)— (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the National Security Agency consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act that, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the National Security Agency and suffer no reduction in pay. 3. Annual review of mechanisms for reporting employee or contractor complaints Section 8H(g)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new subparagraph: (E) In the case of the Inspector General of the National Security Agency, a review of the mechanisms for submitting complaints that are available to an employee of or contractor to the National Security Agency and any recommendations of the Inspector General for improving such mechanisms. . 4. Special provisions concerning the National Security Agency The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section: 8K. Special provisions concerning the National Security Agency (a) General counsel to the Inspector General (1) In general There is a General Counsel to the Inspector General of the National Security Agency, who shall be appointed by the Inspector General of the National Security Agency. (2) Duties The General Counsel to the Inspector General of the National Security Agency shall— (A) serve as the chief legal officer of the Office of the Inspector General of the National Security Agency; (B) provide legal services only to the Inspector General of the National Security Agency; (C) prescribe professional rules of ethics and responsibilities for employees and officers of, and contractors to, the National Security Agency; (D) perform such functions as the Inspector General may prescribe; and (E) serve at the discretion of the Inspector General. (3) Office of the General Counsel There is an Office of the General Counsel to the Inspector General of the National Security Agency. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate. (b) Testimony (1) Authority to compel The Inspector General of the National Security Agency is authorized to require by subpoena the attendance and testimony of former employees of the National Security Agency or contractors, former contractors, or former detailees to the National Security Agency as necessary in the performance of functions assigned to the Inspector General by this Act. (2) Refusal to obey A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (3) Notification The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section. (c) Prohibitions on investigations for national security reasons (1) Evaluations of prohibitions Not later than 7 days after the date on which the Inspector General of the National Security Agency receives notice or a statement under section 8G(d)(2)(C) of the reasons the Secretary of Defense is prohibiting the Inspector General from initiating, carrying out, or completing any audit or investigation, the Inspector General shall submit to the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives and the Select Committee on Intelligence and the Committee on Armed Services of the Senate an evaluation of such notice or such statement. (2) Inclusion in semi-annual report The Inspector General shall include in the semiannual report prepared by the Inspector General in accordance with section 5(a) a description of the instances in which the Secretary of Defense prohibited the Inspector General from initiating, carrying out, or completing any audit or investigation during the period covered by such report. (d) Standard for audits and investigations In carrying out any audit or investigation of a surveillance or data collection program, the Inspector General shall— (1) assess the impact of such program on civil rights and civil liberties; (2) assess the effectiveness and use, including any improper or illegal use, of such program; and (3) make any recommendations the Inspector General considers appropriate to improve the protection of civil rights and civil liberties in the operation of such program. (e) Availability of reports (1) Availability Each report to Congress or a committee of Congress by the Inspector General shall be made available to all Members of Congress. (2) Member of Congress defined In this subsection, the term Member of Congress means a Senator, a Member of the House of Representatives, or a Delegate or Resident Commissioner to the Congress. . 5. Audit of surveillance programs and background investigations (a) Audit The Inspector General of the National Security Agency appointed under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a) of this Act shall perform a comprehensive audit of— (1) the effectiveness and use, including any improper or illegal use, of surveillance and data collection programs of the National Security Agency, including programs conducted pursuant to sections 501 and 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 , 1881a); (2) the interactions between the National Security Agency and the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)), including the accuracy of the information provided to such court by the Agency and the compliance of the Agency with orders of such court; and (3) the process for conducting background investigations of persons for purposes of employment or potential employment by the National Security Agency or for receiving access to classified information. (b) Report Not later than 180 days after the date on which the Inspector General of the National Security Agency is appointed under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a) of this Act, the Inspector General of the National Security Agency shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a). (c) Rule of construction Nothing in this subsection shall be construed to alter the responsibility of the Inspector General of the National Security Agency to conduct audits or investigations of the surveillance programs of the National Security Agency and the background investigation process for employment or access to classified information on an ongoing basis in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).
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113-hr-4534
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I 113th CONGRESS 2d Session H. R. 4534 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Cramer introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Indian Child Protection and Family Violence Prevention Act to require background checks before foster care placements are ordered in tribal court proceedings, and for other purposes.
1. Short title This Act may be cited as the Native American Children’s Safety Act . 2. Character investigations Section 408 of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3207 ) is amended by adding at the end the following: (d) By tribal social services agency for foster care placements in tribal court proceedings (1) Definitions In this subsection: (A) Covered individual The term covered individual includes— (i) any individual 18 years of age or older; and (ii) any individual who an Indian tribe described in paragraph (2)(A) determines is subject to a character investigation under that paragraph. (B) Foster care placement The term foster care placement means any action removing an Indian child from a parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator if— (i) the parent or Indian custodian cannot have the child returned on demand; and (ii) parental rights have not been terminated. (C) Indian custodian The term Indian custodian means any Indian— (i) who has legal custody of an Indian child under tribal law or custom or under State law; or (ii) to whom temporary physical care, custody, and control has been transferred by the parent of the child. (D) Parent The term parent means— (i) any biological parent of an Indian child; or (ii) any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. (E) Tribal court The term tribal court means a court— (i) with jurisdiction over foster care placements; and (ii) that is— (I) a Court of Indian Offenses; (II) a court established and operated under the code or custom of an Indian tribe; or (III) any other administrative body of a tribe that is vested with authority over foster care placements. (F) Tribal social services agency The term tribal social services agency means the agency of the Federal Government or of an Indian tribe described in paragraph (2)(A) that has the primary responsibility for carrying out foster care services (as of the date on which the proceeding described in paragraph (2)(A) commences) on the Indian reservation of the Indian tribe. (2) Character investigations before placement (A) In general Except as provided in paragraph (3), no foster care placement shall be ordered in any proceeding over which an Indian tribe has exclusive jurisdiction until the tribal social services agency— (i) completes an investigation of the character of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made; and (ii) concludes that each covered individual described in clause (i) meets such standards of character as the Indian tribe shall establish in accordance with subparagraph (B). (B) Standards of character The standards of character described in subparagraph (A)(ii) shall include— (i) requirements that each tribal social services agency described in subparagraph (A)— (I) perform criminal records checks, including fingerprint-based checks of national crime information databases (as defined in section 534(f)(3) of title 28, United States Code); and (II) check any child abuse and neglect registry maintained by the State in which the covered individual resides for information on the covered individual, and request any other State in which the covered individual resided in the preceding 5 years, to enable the tribal social services agency to check any child abuse and neglect registry maintained by that State for such information; and (ii) any other additional requirement that the Indian tribe determines is necessary. (C) Results Except as provided in paragraph (3), no foster care placement shall be ordered in any proceeding described in subparagraph (A) if an investigation described in clause (i) of that subparagraph reveals that a covered individual described in that clause— (i) has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 471(a)(20)(A) of the Social Security Act (42 U.S.C. 671(a)(20)(A)); or (ii) is listed on a registry described in subparagraph (B)(i)(II). (D) Deadline Except as provided in paragraph (3), the tribal social services agency shall satisfy the requirements of clauses (i) and (ii) of subparagraph (A) not later than 14 days after the date on which the proceeding described in subparagraph (A) commences. (3) Emergency placement Paragraph (2) shall not apply to an emergency foster care placement, as determined by an Indian tribe described in paragraph (2)(A). (4) Recertification of foster homes or institutions (A) In general Not later than 180 days after the date of enactment of this subsection, each Indian tribe shall establish procedures to recertify homes or institutions in which foster care placements are made. (B) Contents The procedures described in subparagraph (A) shall include, at a minimum, periodic intervals at which the home or institution shall be subject to recertification to ensure— (i) the safety of the home or institution for the Indian child; and (ii) that each covered individual who resides in the home or is employed at the institution is subject to a character investigation in accordance with this subsection, including any covered individual who— (I) resides in the home or is employed at the institution on the date on which the procedures established under subparagraph (A) commences; and (II) did not reside in the home or was not employed at the institution on the date on which the investigation described in paragraph (2)(A)(i) was completed. (C) Regulations promulgated or guidance issued by the Secretary The procedures established under subparagraph (A) shall be subject to any regulation promulgated or guidance issued by the Secretary that is in accordance with the purpose of this subsection. (5) Regulations Not later than 180 days after the date of enactment of this subsection and after consultation with Indian tribes, the Secretary shall promulgate a regulation regarding— (A) procedures for a character investigation of any covered individual who— (i) resides in the home or is employed at the institution in which the foster care placement is made after the date on which the investigation described in paragraph (2)(A)(i) is completed; and (ii) was not the subject of an investigation described in paragraph (2)(A)(i) before the foster care placement was made; (B) self-reporting requirements for foster care homes or institutions in which any covered individual described in subparagraph (A) resides if the head of the household or the operator of the institution has knowledge that the covered individual— (i) has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 471(a)(20)(A) of the Social Security Act (42 U.S.C. 671(a)(20)(A)); or (ii) is listed on a registry described in paragraph (2)(B)(i)(II); (C) procedures and guidelines for emergency foster care placements under paragraph (3); and (D) procedures for certifying compliance with this Act. .
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113-hr-4535
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I 113th CONGRESS 2d Session H. R. 4535 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. McAllister introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide for the conveyance of National Forest System land in the State of Louisiana.
1. Findings and definitions (a) Finding Congress finds it in the public interest to authorize the sale of certain federally owned land in the Kisatchie National Forest in Louisiana for market value consideration. (b) Definitions As used in this Act: (1) The term Collins Camp Properties means Collins Camp Properties, Incorporated, a corporation existing under the laws of the State of Louisiana. (2) The term Secretary means the Secretary of Agriculture. 2. Authorization to sell land (a) Authorization Subject to valid existing rights and subsection (b), the Secretary is authorized to sell by quitclaim deed the following lands in the State of Louisiana at public or private sale, including by competitive sale by auction, bid or otherwise: (1) All federally owned lands within section 9, Township 10 North, Range 5 West, in Winn Parish, Louisiana. (2) A parcel of land consisting of 2.16 acres situated in the SW¼ of section 4, Township 10 North, Range 5 West, Winn Parish, Louisiana, as more specifically depicted on a certificate of survey dated March 7, 2007, by Glen L. Cannon, P.L.S. 4436. (b) First right of purchase Subject to valid existing rights and the provisions of section 4, for a period of 1 year after the date of enactment of this Act, upon tender of consideration from the Collins Camp Properties, the Secretary shall sell and quitclaim to said corporation all right, title and interest of the United States in— (1) up to 47.92 acres within section 9, Township 10 North, Range 5 West, in Winn Parish, Louisiana, as generally depicted on a certificate of survey dated February 28, 2007, by Glen L. Cannon, P.L.S. 4436, said land comprising the Collins Campsites; and (2) the 2.16 acres described in subsection (a)(2). (c) Terms and conditions The Secretary may configure the lands to maximize marketability or achieve management objectives, and may prescribe such terms and conditions on the land sales authorized by this Act as the Secretary deems in the public interest. (d) Consideration Land sales authorized by this Act shall be for cash consideration equal to the market value of the land. (e) Market value The market value of the land sold under this Act shall be as determined by an appraisal approved by the Secretary and done in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions; or, if sold by means other than that provided in subsection (b), market value may be determined by competitive sale. (f) Hazardous substances (1) In any disposal of lands authorized by this Act, the Secretary shall meet disclosure requirements for hazardous substances, but shall otherwise not be required to remediate or abate those substances. (2) Nothing in this section shall otherwise affect the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( CERCLA , 42 U.S.C. 9601 et seq. ) to conveyances of lands out of Federal ownership. 3. Proceeds from the sale of land (a) Deposit of receipts The consideration received by the Secretary for the sale of land under this Act shall be deposited into the account in the Treasury of the United States established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a ). (b) Use of funds Monies deposited pursuant to subsection (a) shall be available to the Secretary until expended, without further appropriation, for the acquisition of lands and interests in land in the Kisatchie National Forest in Louisiana. 4. Miscellaneous provisions (a) Costs The Secretary shall require the Collins Camp Properties to pay at closing the reasonable costs of appraisal and any administrative and environmental analyses required by law or regulation. (b) Permits An offer by Collins Camp Properties shall be accompanied by written statements from holders of Forest Service special use authorizations agreeing to relinquish their authorizations upon a sale to Collins Camp Properties. For any holder not providing such written authorization, the Secretary shall require the Collins Camp Properties to administer such authorization according to its terms until the date of expiration.
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113-hr-4536
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I 113th CONGRESS 2d Session H. R. 4536 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Peters of California introduced the following bill; which was referred to the Committee on Armed Services , 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 improve energy savings by the Department of Defense, and for other purposes.
1. Short title This Act may be cited as the Department of Defense Energy Security Act of 2014 . 2. Energy savings performance contracts (a) Agency payments Section 801(a)(2)(B) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287(a)(2)(B) ) is amended in the first sentence— (1) by striking both utilities and inserting utilities, entities that supply, deliver, and transport fuel, ; and (2) by inserting or fuel supply, delivery, or transport after for utilities . (b) Nonbuilding applications Section 801(a)(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287(a)(2) ) is amended by adding at the end the following: (H) Nonbuilding applications A Federal agency may enter into an energy savings performance contract under this title for the purpose of reducing the costs of fuel supply, delivery, or transport for nonbuilding applications, including secondary savings. . (c) Definitions Section 804 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c ) is amended— (1) in paragraph (2)(A)— (A) in the matter preceding clause (i)— (i) by striking or wastewater treatment and inserting wastewater treatment, or fuel supply, delivery, or transport ; and (ii) by inserting or nonbuilding applications after federally owned facilities ; (B) in clause (ii), by striking or after the semicolon at the end; (C) in clause (iii), by inserting or after the semicolon at the end; and (D) by adding at the end the following: (iv) the improved efficiency of fuel use in nonbuilding applications. ; (2) in the first sentence of paragraph (3), by inserting or for the purpose of reducing the cost of fuel supply, delivery, or transport for nonbuilding applications before the period at the end; and (3) by adding at the end the following: (5) Nonbuilding application The term nonbuilding application means— (A) any class of vehicles, devices, or equipment that— (i) is transportable under the power of the applicable vehicle, device, or equipment by land, sea, or air; and (ii) consumes energy from any fuel source for the purpose of— (I) that transportation; or (II) maintaining a controlled environment within the vehicle, device, or equipment; and (B) any federally owned equipment used to generate electricity or transport water. (6) Secondary savings (A) In general The term secondary savings means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to an energy savings performance contract. (B) Inclusions The term secondary savings includes— (i) energy and cost savings that result from a reduction in the need for fuel delivery and logistical support; (ii) personnel cost savings and environmental benefits; and (iii) in the case of electric generation equipment, the benefits of increased efficiency in the production of electricity, including revenues received by the Federal Government from the sale of electricity from the production. . 3. Authorization for research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat (a) Research authorized The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Secretary of the Army and the Secretary of the Navy, may carry out research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat. (b) Previous successes The Secretary of Defense shall ensure that research carried out under subsection (a) takes into account the successes of, and lessons learned during, the development of the Fuel Efficient Ground Vehicle Alpha and Bravo programs to identify, assess, develop, demonstrate, and prototype technologies that support increasing fuel economy and decreasing fuel consumption of light tactical vehicles, while balancing survivability. 4. Requirement to establish repository for operational energy-related research and development efforts of Department of Defense (a) Repository required Not later than December 31, 2015, the Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Assistant Secretary of Defense for Operational Energy Plans and Programs and the Secretaries of the military departments, shall establish a centralized repository for all operational energy-related research and development efforts of the Department of Defense, including with respect to the inception, operational, and complete phases of such efforts. (b) Internet access The Secretary of Defense shall ensure that the repository required by subsection (a) is accessible through an Internet website of the Department of Defense and by all employees of the Department and members of the Armed Forces whom the Secretary determines appropriate, including all program managers involved in such research and development efforts, to enable improved collaboration between military departments on research and development efforts described in subsection (a), sharing of best practices and lessons learned relating to such efforts, and reduce redundancy in such efforts. 5. Executive agent for warrior power Not later than September 31, 2014, the Secretary of Defense shall establish a Department of Defense executive agent for warrior power to align and advance efforts across the military services to measure and manage the research, development, testing, evaluation, procurement, and fielding of man-portable tactical power generation systems to power tactical communications equipment, weapons systems, and other troop equipment. 6. Secure Energy Innovation Program (a) Establishment The Secretary of Defense shall establish a program to develop and support projects designed to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, renewable energy, energy storage, and redundant power systems. (b) Metrics The Secretary of Defense shall develop metrics for assessing the costs and benefits associated with secure energy projects proposed or implemented as part of the program established under subsection (a). The metrics shall take into account financial and operational costs associated with sustained losses of power resulting from natural disasters or attacks that damage electrical grids serving military installations. 7. Authority to use Energy Savings Investment Fund for energy management initiatives Section 2919(b)(2) of title 10, United States Code, is amended by striking , to the extent provided for in an appropriations Act, . 8. Establishment of Department of Defense Alternative Fueled Vehicle Infrastructure Fund (a) Establishment of Fund There is established in the Treasury a fund to be known as the Department of Defense Alternative Fuel Vehicle Infrastructure Fund (in this section referred to as the Fund ). (b) Deposits The Fund shall consist of the following: (1) Amounts appropriated to the Fund. (2) Amounts earned through investment under subsection (c). (3) Any other amounts made available to the Fund by law. (c) Investments The Secretary shall invest any part of the Fund that the Secretary decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Secretary decides has a maturity suitable for the Fund. (d) Use of funds Amounts in the Fund shall be available to the Secretary, acting through the Under Secretary of Defense for Acquisition, Training, and Logistics, to install, operate, and maintain alternative fuel dispensing stations for use by alternative fueled vehicles of the Department of Defense and other infrastructure necessary to fuel alternative fueled vehicles of the Department. (e) Private use The Secretary may make alternative fuel dispensed through alternative fuel dispensing stations of the Department available to employees of the Department and members of the Armed Forces for private use. (f) Definitions In this section: (1) Alternative fuel The term alternative fuel has the meaning given such term in section 32901 of title 49, United States Code. (2) Alternative fueled vehicle The term alternative fueled vehicle means a vehicle that operates on alternative fuel.
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113-hr-4537
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I 113th CONGRESS 2d Session H. R. 4537 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Rangel introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received for personal injuries or sickness resulting from service as a qualified public safety employee.
1. Amounts received for personal injuries or sickness resulting from service as a qualified public safety employee excluded from gross income (a) In general Section 104(a)(4) of the Internal Revenue Code of 1986 is amended by inserting or from service as a qualified public safety employee (as defined in section 72(t)(10)(B)), before or as a disability annuity . (b) Effective date The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act.
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113-hr-4538
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I 113th CONGRESS 2d Session H. R. 4538 IN THE HOUSE OF REPRESENTATIVES April 30, 2014 Mr. Sensenbrenner (for himself, Mr. Larsen of Washington , Mr. Young of Alaska , and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the State Department Basic Authorities Act of 1956 to establish a United States Ambassador at Large for Arctic Affairs, and for other purposes.
1. Short title This Act may be cited as the United States Ambassador at Large for Arctic Affairs Act of 2014 . 2. United States Ambassador at Large for Arctic Affairs Title I of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a et seq. ) is amended by adding at the end the following new section: 63. United States Ambassador at Large for Arctic Affairs (a) Establishment There is established within the Department of State an Ambassador at Large for Arctic Affairs (referred to in this section as the Ambassador ), appointed in accordance with subsection (b). (b) Appointment The Ambassador shall be appointed by the President, by and with the advice and consent of the Senate. (c) Duties (1) Diplomatic representation Subject to the direction of the President and the Secretary of State, the Ambassador is authorized to represent the United States in matters and cases relevant to Arctic affairs in— (A) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Arctic Council, and other international organizations of which the United States is a member; and (B) multilateral conferences and meetings relating to Arctic affairs. (2) Chair of the Arctic Council The Ambassador shall serve as the Chair of the Arctic Council when the United States holds the Chairmanship of the Arctic Council from 2015 through 2017. (3) Policies and procedures The Ambassador shall coordinate United States Arctic policies. .
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113-hr-4539
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I 113th CONGRESS 2d Session H. R. 4539 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Fitzpatrick introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Bureau of Consumer Financial Protection, when issuing a research paper, to include all studies, data, and other analyses on which the paper was based.
1. Short title This Act may be cited as the Bureau Research Transparency Act . 2. Research paper transparency Section 1013 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5493 ) is amended by adding at the end the following: (h) Research paper transparency Any time the Bureau, either through the research unit established by the Director under subsection (b)(1) or otherwise, issues a research paper that is available to the public, the Bureau shall accompany such paper with all studies, data, and other analyses on which the paper was based. .
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113-hr-4540
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I 113th CONGRESS 2d Session H. R. 4540 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Pascrell (for himself, Mr. Pallone , Mr. Cohen , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To regulate certain deferred prosecution agreements and nonprosecution agreements in Federal criminal cases.
1. Short title This Act may be cited as the Accountability in Deferred Prosecution Act of 2014 . 2. Definitions In this Act— (1) the term deferred prosecution agreement means an agreement between a Federal prosecutor and an organization to conditionally defer prosecution of that organization in a criminal case in which charges are filed; (2) the term nonprosecution agreement means an agreement between a Federal prosecutor and an organization to conditionally decide not to file criminal charges against the organization; (3) the term organization means a person or entity other than an individual; and (4) the term independent monitor means a person or entity outside the Department of Justice that is selected to oversee the implementation of a deferred prosecution agreement or nonprosecution agreement. 3. Legal equivalence of nonprosecution agreement and deferred prosecution agreement A nonprosecution agreement shall be subject to all the requirements this Act and other law imposes on deferred prosecution agreements. 4. Administrative guidelines on agreements (a) In general In order to promote uniformity and to assist prosecutors and organizations as they negotiate and implement deferred prosecution agreements and nonprosecution agreements, the Attorney General shall, not later than 90 days after the date of the enactment of this Act, issue public written guidelines for deferred prosecution agreements and nonprosecution agreements. (b) Matters guidelines To cover The guidelines issued under this section shall provide direction in the following areas: (1) The circumstances in which an independent monitor is warranted for the agreement, the duties and authority of such a monitor, and to whom the monitor owes those duties. (2) What terms and conditions are appropriate in the agreement, including when, whether, and the degree to which Federal prosecutors should seek monetary penalties, restitution, civil settlements, and post-monitoring conditions. (3) Whether the agreement should include some or all of the requirements of section 8B2.1 of the United States Sentencing Guidelines for compliance and ethics programs. (4) The process by which the Department of Justice decides that the organization has successfully satisfied the terms of the agreement. (5) The manner and method for determining a breach of the agreement. (6) The extent of joint involvement of regulatory agencies in connection with the agreement and the division of responsibilities with those agencies. (7) The period during which the agreement should remain in effect. (8) What constitutes the cooperation, if any, required by the agreement from the organization and its employees with respect to any ongoing criminal investigations, including the length of the obligation to cooperate. (9) When and why it would be appropriate for Federal prosecutors to enter into a nonprosecution agreement rather than a deferred prosecution agreement. 5. Selection and compensation of independent monitors of agreements (a) Rules for selection of monitors The Attorney General shall establish rules for the selection of independent monitors in connection with deferred prosecution agreements. (b) National list of possible monitors Such rules shall provide for the creation of a national list of organizations and individuals who have the expertise and specialized skills necessary to serve as independent monitors. The Attorney General shall place the list on the public website of the Department of Justice. (c) Open selection process Such rules shall also provide for an open, public, and competitive process for the selection of such monitors. The Department of Justice shall, subject to the approval of the court, appoint the independent monitor from the national list created under this section. (d) Compensation The Attorney General shall establish a fee schedule for the compensation of independent monitors and their support staff, and place that fee schedule on the public website of the Department of Justice. Before a deferred prosecution agreement that entails monitoring is entered into, this schedule shall also be provided to each organization that is to be monitored pursuant to that agreement. 6. Restrictions relating to agreements (a) Payments to unrelated third parties A deferred prosecution agreement shall not require an organization to pay money to a third party, other than a monitor or the monitor’s staff, if the payment is unrelated to the harm caused by the defendant’s conduct that is the basis for the agreement. (b) Impartiality in selection of independent monitors Attorneys who are or might participate in the prosecution of the case against an organization to be monitored shall have no role in the selection of the independent monitor, other than suggesting qualifications for the monitor. (c) Treatment of violations as conflicts of interest The Attorney General shall take appropriate steps to treat a violation of this section as a conflict of interest and to remedy any such conflicts of interest. 7. Judicial oversight of agreements (a) Court approval of agreement The Government shall file each deferred prosecution agreement in an appropriate United States district court. The court shall approve the agreement if the court determines the agreement is consistent with the guidelines for such agreements and is in the interests of justice. The agreement shall take effect on the approval of the court. (b) Quarterly reports Each party to the agreement and any independent monitor required under the agreement shall submit to the court in which the agreement is filed quarterly reports on the progress made toward the completion of the agreement, and describing any concern the filer has about the implementation of the agreement. In the final quarterly report, the independent monitor shall include a full and itemized statement of the work done and the compensation earned for that work. (c) Court review The court shall, on motion of any party or the independent monitor if there is one, review the implementation or termination of the agreement, and take any appropriate action, to assure that the implementation or termination is consistent with the interests of justice. 8. Public disclosure relating to deferred prosecution agreements (a) Disclosure on Department of Justice website Upon the taking effect of a deferred prosecution agreement, the Attorney General shall place the text of the agreement on the public website of the Department of Justice, together with all the terms and conditions of any agreement or understanding between an independent monitor appointed pursuant to that agreement and the organization monitored. (b) Exceptions approved by court Subject to the limitation in subsection (c), the court may, upon petition of any interested party, approve an exception to the requirements of this section for good cause shown. Good cause includes that the information proposed to be excepted from the requirements is proprietary, confidential, or a trade secret. (c) Minimum disclosure The court may not approve an exception from the requirements of this section for the fact that the deferred prosecution agreement has been filed with the court, the name of the organization to which it pertains, or the identity and financial terms agreed upon with respect to any independent monitor chosen in connection with the agreement.
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113-hr-4541
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I 113th CONGRESS 2d Session H. R. 4541 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Cartwright (for himself, Mr. Fitzpatrick , and Ms. Norton ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Labor to develop a strategy report to address the skills gap by providing recommendations to increase on-the-job training and apprenticeship opportunities, increase employer participation in education and workforce training, and for other purposes.
1. Short title This Act may be cited as the Skills Gap Strategy Act of 2014 . 2. Strategy report (a) Strategy report required The Secretary shall develop and submit to Congress a strategy report to address the skills gap by providing analysis and recommendations to increase on-the-job training and apprenticeship opportunities and increase employer participation in education and workforce training. (b) Goals of the strategy report The strategy report required by subsection (a) shall include specific recommendations to achieve the following goals: (1) To increase the aggregate number of employers and employees participating in on-the-job training and apprenticeships. (2) To determine ways in which the Department of Labor can increase employer outreach to encourage new and expanded employer participation in education and workforce training. (3) To identify and prioritize industry-recognized postsecondary credentials that are nationally portable and aligned with in-demand occupations in industries such as construction, manufacturing, and others that are emerging. (4) To determine ways in which the Department of Labor can better address the skills gap by maximizing existing resources, programs, and personnel. (c) Analysis required As part of the strategy report under subsection (a), the Secretary shall, at a minimum, include the following: (1) A comparison of United States on-the-job training and apprenticeship policies and strategies with the policies and strategies of other countries where employers play a larger role in education and workforce training. (2) An assessment of the Department of Labor’s Registered Apprenticeship program to determine how it can be better utilized to appeal to more industries and to boost the goals described in subsection (b). (3) An evaluation of any existing or potential opportunities within the Department of Labor to refocus or repurpose resources and personnel to better support on-the-job training and apprenticeship goals. (4) An analysis of the specific barriers preventing the domestic workforce from acquiring the skills desired by domestic employers, including an assessment of opportunities to reduce those barriers by— (A) improving coordination between Federal agencies that administer employment and training programs; and (B) modifying Federal employment and training programs to enable States to better utilize Federal employment and training funds. (d) Recommendations The Secretary shall include in the skills gap strategy report required under subsection (a) recommendations for achieving the goals included in the strategy pursuant to subsection (b). Such recommendations may include proposals as follows: (1) Actions that may be taken by the Federal Government, Congress, State, local and territorial governments, the private sector, universities, industry associations, and other stakeholders to improve policies, coordination, and interaction between such entities, including strategies and best practices to— (A) boost public-private partnerships and employer-led partnerships; and (B) help establish regional industry partnerships. (2) Adoption of strategies that have been implemented and proven successful in key industries and regions in the United States and in other countries. (3) In coordination with the Secretary of Commerce and the Secretary of Education, develop plans that identify strategies— (A) for increased employer participation in career and technical education; (B) to better align career and technical education curriculums and programs with fast growing industry sectors; (C) to encourage more pre-apprenticeship and college credit courses in secondary schools; (D) to improve school-to-work transitions and connections; and (E) to assist employers in partnering with K–12 schools, community colleges, and service providers. (e) Submittal of strategy report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress the strategy report developed under this section. (f) Implementation The Secretary may implement the recommendations under subsection (d) as the Secretary determines appropriate, if otherwise permitted under law. 3. Definitions In this Act: (1) Industry recognized The term industry-recognized , as used with respect to a credential, means a credential that— (A) is sought or accepted by employers within the industry sector involved as recognized, preferred, or required for recruitment, screening, hiring, or advancement; (B) is endorsed by a recognized trade or professional association or organization, representing a significant part of the industry sector; and (C) is a nationally portable credential that is sought or accepted across multiple States, as described in subparagraph (A). (2) Recognized postsecondary credential The term recognized postsecondary credential means a credential consisting of an industry-recognized credential for postsecondary training, a certificate that meets the requirements of subparagraphs (A) and (C) of paragraph (1) for postsecondary training, a certificate of completion of a postsecondary apprenticeship through a program described in section 122(a)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2842(a)(2)(B)), or an associate degree or baccalaureate degree awarded by an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )). (3) Secretary The term Secretary means the Secretary of Labor. (4) Skills gap The term skills gap refers to the difference, or gap, between the current supply of labor and skills of the workforce and that which is desired by employers.
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113-hr-4542
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I 113th CONGRESS 2d Session H. R. 4542 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Ms. Esty (for herself, Mr. Bishop of New York , and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend expensing of environmental remediation costs.
1. Short title This Act may be cited as the Brownfields Redevelopment Tax Incentive Reauthorization Act of 2014 . 2. Extension of expensing of environmental remediation costs (a) In general Section 198(h) of the Internal Revenue Code of 1986 is amended by striking December 31, 2011 and inserting December 31, 2018 . (b) Effective date The amendment made by subsection (a) shall apply to expenditures paid or incurred after December 31, 2011.
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113-hr-4543
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I 113th CONGRESS 2d Session H. R. 4543 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Smith of New Jersey (for himself, Mr. McGovern , Mr. Lowenthal , Mr. Honda , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XI of the Social Security Act to apply CMMI waiver authority to PACE programs in order to foster innovations in such programs, and for other purposes.
1. Short title This Act may be cited as the PACE Pilot Act of 2014 . 2. Applying CMMI waiver authority to foster innovations in PACE programs (a) In general Section 1115A(d)(1) of the Social Security Act ( 42 U.S.C. 1315a(d)(1) ) is amended— (1) by inserting (other than subsections (b)(1)(A) and (c)(5) of section 1894) after XVIII ; and (2) by striking and 1903(m)(2)(A)(iii) and inserting 1903(m)(2)(A)(iii), and 1934 (other than subsections (b)(1)(A) and (c)(5) of such section) . (b) Sense of the House of Representatives It is the sense of the House of Representatives that the Secretary of Health and Human Services should use the waiver authority provided under the amendments made by this section to provide, in a budget neutral manner, programs of all-inclusive care for the elderly (PACE programs) with increased operational flexibility to support the ability of such programs to improve and innovate and to reduce technical and administrative barriers that have hindered enrollment in such programs.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4543ih/xml/BILLS-113hr4543ih.xml
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113-hr-4544
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I 113th CONGRESS 2d Session H. R. 4544 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Cárdenas (for himself, Mr. Grijalva , Mrs. Napolitano , Mr. Rush , Mr. Vargas , Mr. Garcia , and Mr. Ruiz ) 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 disallow a deduction for any fine paid by an owner of professional sports franchise.
1. Short title This Act may be cited as the Stop Penalizing Taxpayers for Sports Owner Fouls Act of 2014 . 2. Denial of deduction for fines paid by owner of professional sports franchise (a) In general Section 162 of the Internal Revenue Code of 1986 is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: (q) Fines and penalties paid by owners of professional sports franchises In the case of an individual who owns (directly or indirectly) a professional sports franchise, no deduction shall be allowed under subsection (a) for any fine or similar penalty paid to the professional sports league or association of which the franchise is a member. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred after December 31, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4544ih/xml/BILLS-113hr4544ih.xml
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113-hr-4545
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I 113th CONGRESS 2d Session H. R. 4545 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Harper (for himself, Mr. Thompson of Mississippi , Mr. Nunnelee , and Mr. Palazzo ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To direct the Secretary of Agriculture to convey to the Pat Harrison Waterway District approximately 8,307 acres of National Forest System land within the Bienville National Forests in Mississippi, and for other purposes.
1. Short title This Act may be cited as the Mid-Mississippi Conservation, Recreation and Development Act of 2014 . 2. Conveyance to the Pat Harrison Waterway District of the State of Mississippi (a) Conveyance The Secretary of Agriculture shall convey to the Pat Harrison Waterway District, without consideration, all right, title, and interest of the United States in and to the approximately 8,307 acres of National Forest System land within the Bienville National Forests of Mississippi identified as Oakohay/Little Oakohay Lake, Smith County, Mississippi on the map entitled Mid-Mississippi Conservation, Recreation and Development and dated April 2, 2014. (b) Survey If determined by the Secretary of Agriculture to be necessary, the exact acreage and legal description of the National Forest System land shall be determined by a survey approved by the Secretary. (c) Use of land As a condition of the conveyance under subsection (a), the Pat Harrison Waterway District shall use the land conveyed under subsection (a) only for public purposes consistent with the laws of the State of Mississippi.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4545ih/xml/BILLS-113hr4545ih.xml
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113-hr-4546
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I 113th CONGRESS 2d Session H. R. 4546 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. DeFazio (for himself, Mr. Cole , Ms. Hanabusa , and Mr. Kilmer ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian tribes, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Department of the Interior Tribal Self-Governance Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—INDIAN SELF-DETERMINATION Sec. 101. Definitions; reporting and audit requirements; application of provisions. Sec. 102. Contracts by Secretary of the Interior. Sec. 103. Administrative provisions. Sec. 104. Contract funding and indirect costs. Sec. 105. Contract or grant specifications. TITLE II—TRIBAL SELF-GOVERNANCE Sec. 201. Tribal self-governance. Sec. 202. Effect of certain provisions. I INDIAN SELF-DETERMINATION 101. Definitions; reporting and audit requirements; application of provisions (a) Definitions Section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ) is amended by striking subsection (j) and inserting the following: (j) self-determination contract means a contract entered into under title I (or a grant or cooperative agreement used under section 9) between a tribal organization and the appropriate Secretary for the planning, conduct, and administration of programs or services that are otherwise provided to Indian tribes and members of Indian tribes pursuant to Federal law, subject to the condition that, except as provided in section 105(a)(3), no contract entered into under title I (or grant or cooperative agreement used under section 9) shall be— (1) considered to be a procurement contract; or (2) except as provided in section 107(a)(1), subject to any Federal procurement law (including regulations); . (b) Reporting and audit requirements Section 5(b) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450c(b) ) is amended— (1) by striking after completion of the project or undertaking referred to in the preceding subsection of this section and inserting after the retention period for the report that is submitted to the Secretary under subsection (a) ; and (2) by adding at the end the following: The retention period shall be defined in regulations promulgated by the Secretary pursuant to section 414. . (c) Application of other provisions Sections 4, 5, 6, 7, 102(c), 104, 105(a)(1), 105(f), 110, and 111 of the Indian Self-Determination and Education Assistance Act, as amended ( 25 U.S.C. 450 et seq. ) (Public Law 93–638; 88 Stat. 2203) and section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959), apply to compacts and funding agreements entered into under title IV. 102. Contracts by Secretary of the Interior Section 102 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450f ) is amended— (1) in subsection (c)(2), by striking economic enterprises and all that follows through except that and inserting economic enterprises (as defined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452)), except that ; and (2) by adding at the end the following: (f) Good faith requirement Subject to section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 , in the negotiation of contracts and funding agreements, the Secretary shall— (1) at all times negotiate in good faith to maximize implementation of the self-determination policy; and (2) carry out this Act in a manner that maximizes the policy of tribal self-determination, in a manner consistent with the purposes specified in section 3. (g) Rule of construction Subject to section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 , each provision of this Act and each provision of a contract or funding agreement shall be liberally construed for the benefit of the Indian tribe participating in self-determination, and any ambiguity shall be resolved in favor of the Indian tribe. . 103. Administrative provisions Section 105 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450j ) is amended— (1) in subsection (b), in the first sentence, by striking pursuant to and all that follows through of this Act and inserting pursuant to sections 102 and 103 ; and (2) by adding at the end the following: (p) Interpretation by secretary Except as otherwise provided by law (including section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 ), the Secretary shall interpret all Federal laws (including regulations) and Executive orders in a manner that facilitates, to the maximum extent practicable— (1) the inclusion in self-determination contracts and funding agreements of— (A) applicable programs, services, functions, and activities (or portions thereof); and (B) funds associated with those programs, services, functions, and activities; (2) the implementation of self-determination contracts and funding agreements; and (3) the achievement of tribal health objectives. . 104. Contract funding and indirect costs Section 106(a)(3) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j–1(a)(3)) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking , and and inserting ; and ; and (B) in clause (ii), by striking expense related to the overhead incurred and inserting expense incurred by the governing body of the Indian tribe or tribal organization and any overhead expense incurred ; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: (B) In calculating the reimbursement rate for expenses described in subparagraph (A)(ii), not less than 50 percent of the expenses described in subparagraph (A)(ii) that are incurred by the governing body of an Indian tribe or tribal organization relating to a Federal program, function, service, or activity carried out pursuant to the contract shall be considered to be reasonable and allowable. . 105. Contract or grant specifications Section 108 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450l ) is amended— (1) in subsection (a)(2), by inserting subject to subsections (a) and (b) of section 102, before contain ; and (2) in subsection (f)(2)(A)(ii) of the model agreement contained in subsection (c), by inserting subject to subsections (a) and (b) of section 102 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450f ), before such other provisions . II TRIBAL SELF-GOVERNANCE 201. Tribal self-governance (a) Definitions Section 401 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 458aa ) is amended to read as follows: 401. Definitions In this title: (1) Compact The term compact means a self-governance compact entered into under section 404. (2) Construction program; construction project The term construction program or construction project means a tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other tribal purposes. (3) Department The term Department means the Department of the Interior. (4) Funding agreement The term funding agreement means a funding agreement entered into under section 403. (5) Gross mismanagement The term gross mismanagement means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds— (A) for a program administered by an Indian tribe; or (B) under a compact or funding agreement that results in a significant reduction of funds available for the programs assumed by an Indian tribe. (6) Inherent Federal function The term inherent Federal function means a Federal function that may not legally be delegated to an Indian tribe. (7) Program The term program means any program, function, service, or activity (or portion thereof) within the Department that is included in a funding agreement. (8) Secretary The term Secretary means the Secretary of the Interior. (9) Self-governance The term self-governance means the Tribal Self-Governance Program established under section 402. (10) Tribal share The term tribal share means the portion of all funds and resources of an Indian tribe that— (A) support any program within the Bureau of Indian Affairs, the Office of Special Trustee, or the Office of the Assistant Secretary for Indian Affairs; and (B) are not required by the Secretary for the performance of an inherent Federal function. . (b) Establishment Section 402 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 458bb ) is amended to read as follows: 402. Tribal Self-Governance Program (a) Establishment The Secretary shall establish and carry out a program within the Department to be known as the Tribal Self-Governance Program . (b) Selection of Participating Indian Tribes (1) In general (A) Eligibility The Secretary, acting through the Director of the Office of Self-Governance, may select up to 50 new Indian tribes per year from those eligible under subsection (c) to participate in self-governance. (B) Joint participation On the request of each participating Indian tribe, two or more otherwise eligible Indian tribes may be treated as a single Indian tribe for the purpose of participating in self-governance. (2) Other authorized Indian tribe or tribal organization If an Indian tribe authorizes another Indian tribe or a tribal organization to plan for or carry out a program on its behalf under this title, the authorized Indian tribe or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution). (3) Joint participation Two or more Indian tribes that are not otherwise eligible under subsection (c) may be treated as a single Indian tribe for the purpose of participating in self-governance as a tribal organization if— (A) each Indian tribe so requests; and (B) the tribal organization itself, or at least one of the Indian tribes participating in the tribal organization, is eligible under subsection (c). (4) Tribal withdrawal from a tribal organization (A) In general An Indian tribe that withdraws from participation in a tribal organization, in whole or in part, shall be entitled to participate in self-governance if the Indian tribe is eligible under subsection (c). (B) Effect of withdrawal If an Indian tribe withdraws from participation in a tribal organization, the Indian tribe shall be entitled to its tribal share of funds and resources supporting the programs that the Indian tribe is entitled to carry out under the compact and funding agreement of the Indian tribe. (C) Participation in self-governance The withdrawal of an Indian tribe from a tribal organization shall not affect the eligibility of the tribal organization to participate in self-governance on behalf of one or more other Indian tribes, if the tribal organization still qualifies under subsection (c). (D) Withdrawal process (i) In general An Indian tribe may, by tribal resolution, fully or partially withdraw its tribal share of any program in a funding agreement from a participating tribal organization. (ii) Notification The Indian tribe shall provide a copy of the tribal resolution described in clause (i) to the Secretary. (iii) Effective date (I) In general A withdrawal under clause (i) shall become effective on the date that is specified in the tribal resolution and mutually agreed upon by the Secretary, the withdrawing Indian tribe, and the tribal organization that signed the compact and funding agreement on behalf of the withdrawing Indian tribe or tribal organization. (II) No specified date In the absence of a date specified in the resolution, the withdrawal shall become effective on— (aa) the earlier of— (AA) 1 year after the date of submission of the request; and (BB) the date on which the funding agreement expires; or (bb) such date as may be mutually agreed upon by the Secretary, the withdrawing Indian tribe, and the tribal organization that signed the compact and funding agreement on behalf of the withdrawing Indian tribe or tribal organization. (E) Distribution of funds If an Indian tribe or tribal organization eligible to enter into a self-determination contract under title I or a compact or funding agreement under this title fully or partially withdraws from a participating tribal organization, the withdrawing Indian tribe— (i) may elect to enter into a self-determination contract or compact, in which case— (I) the withdrawing Indian tribe or tribal organization shall be entitled to its tribal share of unexpended funds and resources supporting the programs that the Indian tribe will be carrying out under its own self-determination contract or compact and funding agreement (calculated on the same basis as the funds were initially allocated to the funding agreement of the tribal organization); and (II) the funds referred to in subclause (I) shall be withdrawn by the Secretary from the funding agreement of the tribal organization and transferred to the withdrawing Indian tribe, on the condition that sections 102 and 105(i), as appropriate, shall apply to the withdrawing Indian tribe; or (ii) may elect not to enter into a self-determination contract or compact, in which case all unexpended funds and resources associated with the withdrawing Indian tribe’s returned programs (calculated on the same basis as the funds were initially allocated to the funding agreement of the tribal organization) shall be returned by the tribal organization to the Secretary for operation of the programs included in the withdrawal. (F) Return to mature contract status If an Indian tribe elects to operate all or some programs carried out under a compact or funding agreement under this title through a self-determination contract under title I, at the option of the Indian tribe, the resulting self-determination contract shall be a mature self-determination contract as long as the Indian tribe meets the requirements set forth in section 4(h). (c) Eligibility To be eligible to participate in self-governance, an Indian tribe shall— (1) successfully complete the planning phase described in subsection (d); (2) request participation in self-governance by resolution or other official action by the tribal governing body; and (3) demonstrate, for the 3 fiscal years preceding the date on which the Indian tribe requests participation, financial stability and financial management capability as evidenced by the Indian tribe having no uncorrected significant and material audit exceptions in the required annual audit of its self-determination or self-governance agreements with any Federal agency. (d) Planning phase (1) In general An Indian tribe seeking to begin participation in self-governance shall complete a planning phase as provided in this subsection. (2) Activities The planning phase shall— (A) be conducted to the satisfaction of the Indian tribe; and (B) include— (i) legal and budgetary research; and (ii) internal tribal government planning, training, and organizational preparation. (e) Grants (1) In general Subject to the availability of appropriations, an Indian tribe or tribal organization that meets the requirements of paragraphs (2) and (3) of subsection (c) shall be eligible for grants— (A) to plan for participation in self-governance; and (B) to negotiate the terms of participation by the Indian tribe or tribal organization in self-governance, as set forth in a compact and a funding agreement. (2) Receipt of grant not required Receipt of a grant under paragraph (1) shall not be a requirement of participation in self-governance. . (c) Funding agreements Section 403 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 458cc ) is amended— (1) by striking subsection (a) and inserting the following: (a) Authorization The Secretary shall, on the request of any Indian tribe or tribal organization, enter into a written funding agreement with the governing body of the Indian tribe or the tribal organization in a manner consistent with— (1) the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian tribes and the United States; and (2) subsection (b). ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking without regard to the agency or office of the Bureau of Indian Affairs and inserting the Office of the Assistant Secretary for Indian Affairs, and the Office of the Special Trustee, without regard to the agency or office of that Bureau or those Offices ; (ii) in subparagraph (B), by striking and ; (iii) in subparagraph (C), by inserting and after the semicolon at the end; and (iv) by adding at the end the following: (D) any other programs, services, functions, or activities (or portions thereof) that are provided through the Bureau of Indian Affairs, the Office of the Assistant Secretary for Indian Affairs, or the Office of the Special Trustee with respect to which Indian tribes or Indians are primary or significant beneficiaries; ; (B) in paragraph (2)— (i) by striking section 405(c) and inserting section 413(c) ; and (ii) by inserting and after the semicolon at the end; (C) in paragraph (3), by striking the semicolon at the end and inserting a period; and (D) by striking paragraphs (4) through (9); and (3) by adding at the end the following: (m) Other provisions (1) Excluded funding A funding agreement shall not authorize an Indian tribe to plan, conduct, administer, or receive tribal share funding under any program that— (A) is provided under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.); and (B) is provided for elementary and secondary schools under the formula developed under section 1127 of the Education Amendments of 1978 ( 25 U.S.C. 2007 ). (2) Services, functions, and responsibilities A funding agreement shall specify— (A) the services to be provided under the funding agreement; (B) the functions to be performed under the funding agreement; and (C) the responsibilities of the Indian tribe and the Secretary under the funding agreement. (3) Base budget A funding agreement shall, at the option of the Indian tribe, provide for a stable base budget specifying the recurring funds (which may include funds available under section 106(a)) to be transferred to the Indian tribe, for such period as the Indian tribe specifies in the funding agreement, subject to annual adjustment only to reflect changes in congressional appropriations. (4) No waiver of trust responsibility A funding agreement shall prohibit the Secretary from waiving, modifying, or diminishing in any way the trust responsibility of the United States with respect to Indian tribes and individual Indians that exists under treaties, Executive orders, court decisions, and other laws. (n) Amendment The Secretary shall not revise, amend, or require additional terms in a new or subsequent funding agreement without the consent of the Indian tribe, unless such terms are required by Federal law. (o) Effective date A funding agreement shall become effective on the date specified in the funding agreement. (p) Existing and subsequent funding agreements (1) Subsequent funding agreements Absent notification from an Indian tribe that the Indian tribe is withdrawing or retroceding the operation of one or more programs identified in a funding agreement, or unless otherwise agreed to by the parties to the funding agreement or by the nature of any noncontinuing program, service, function, or activity contained in a funding agreement— (A) a funding agreement shall remain in full force and effect until a subsequent funding agreement is executed, with funding paid annually for each fiscal year the agreement is in effect; and (B) the term of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement for the purposes of calculating the amount of funding to which the Indian tribe is entitled. (2) Disputes Disputes over the implementation of paragraph (1)(A) shall be subject to section 406(c). (3) Existing funding agreements An Indian tribe that was participating in self-governance under this title on the date of enactment of the Department of the Interior Tribal Self-Governance Act of 2014 shall have the option at any time after that date— (A) to retain its existing funding agreement (in whole or in part) to the extent that the provisions of that funding agreement are not directly contrary to any express provision of this title; or (B) to negotiate a new funding agreement in a manner consistent with this title. (4) Multiyear funding agreements An Indian tribe may, at the discretion of the Indian tribe, negotiate with the Secretary for a funding agreement with a term that exceeds 1 year. . (d) General revisions Title IV of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 458aa et seq. ) is amended by striking sections 404 through 408 and inserting the following: 404. Compacts (a) In general The Secretary shall negotiate and enter into a written compact with each Indian tribe participating in self-governance in a manner consistent with the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian tribes and the United States. (b) Contents A compact under subsection (a) shall— (1) specify and affirm the general terms of the government-to-government relationship between the Indian tribe and the Secretary; and (2) include such terms as the parties intend shall control during the term of the compact. (c) Amendment A compact under subsection (a) may be amended only by agreement of the parties. (d) Effective date The effective date of a compact under subsection (a) shall be— (1) the date of the execution of the compact by the parties; or (2) another date agreed upon by the parties. (e) Duration A compact under subsection (a) shall remain in effect— (1) for so long as permitted by Federal law; or (2) until termination by written agreement, retrocession, or reassumption. (f) Existing compacts An Indian tribe participating in self-governance under this title, as in effect on the date of enactment of the Department of the Interior Tribal Self-Governance Act of 2014 , shall have the option at any time after that date— (1) to retain its negotiated compact (in whole or in part) to the extent that the provisions of the compact are not directly contrary to any express provision of this title; or (2) to negotiate a new compact in a manner consistent with this title. 405. General provisions (a) Applicability An Indian tribe and the Secretary shall include in any compact or funding agreement provisions that reflect the requirements of this title. (b) Conflicts of interest An Indian tribe participating in self-governance shall ensure that internal measures are in place to address, pursuant to tribal law and procedures, conflicts of interest in the administration of programs. (c) Audits (1) Single agency audit act Chapter 75 of title 31, United States Code, shall apply to a funding agreement under this title. (2) Cost principles An Indian tribe shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by— (A) any provision of law, including section 106; or (B) any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. (3) Federal claims Any claim by the Federal Government against an Indian tribe relating to funds received under a funding agreement based on any audit under this subsection shall be subject to section 106(f). (d) Redesign and consolidation Except as provided in section 407, an Indian tribe may redesign or consolidate programs or reallocate funds for programs in any manner that the Indian tribe determines to be in the best interest of the Indian community being served, so long as that the redesign or consolidation does not have the effect of denying eligibility for services to population groups otherwise eligible to be served under applicable Federal law, except that, with respect to the reallocation, consolidation, and redesign of programs described in subsection (b)(2) or (c) of section 403, a joint agreement between the Secretary and the Indian tribe shall be required. (e) Retrocession (1) In general An Indian tribe may fully or partially retrocede to the Secretary any program under a compact or funding agreement. (2) Effective date (A) Agreement Unless an Indian tribe rescinds a request for retrocession under paragraph (1), the retrocession shall become effective on the date specified by the parties in the compact or funding agreement. (B) No agreement In the absence of a specification of an effective date in the compact or funding agreement, the retrocession shall become effective on— (i) the earlier of— (I) 1 year after the date on which the request is submitted; and (II) the date on which the funding agreement expires; or (ii) such date as may be mutually agreed upon by the Secretary and the Indian tribe. (f) Nonduplication A funding agreement shall provide that, for the period for which, and to the extent to which, funding is provided to an Indian tribe under this title, the Indian tribe— (1) shall not be entitled to contract with the Secretary for funds under section 102, except that the Indian tribe shall be eligible for new programs on the same basis as other Indian tribes; and (2) shall be responsible for the administration of programs in accordance with the compact or funding agreement. (g) Records (1) In general Unless an Indian tribe specifies otherwise in the compact or funding agreement, records of an Indian tribe shall not be considered to be Federal records for purposes of chapter 5 of title 5, United States Code. (2) Recordkeeping system An Indian tribe shall— (A) maintain a recordkeeping system; and (B) on a notice period of not less than 30 days, provide the Secretary with reasonable access to the records to enable the Department to meet the requirements of sections 3101 through 3106 of title 44, United States Code. 406. Provisions relating to the secretary (a) Trust evaluations A funding agreement shall include a provision to monitor the performance of trust functions by the Indian tribe through the annual trust evaluation. (b) Reassumption (1) In general A compact or funding agreement shall include provisions for the Secretary to reassume a program and associated funding if there is a specific finding relating to that program of— (A) imminent jeopardy to a trust asset, natural resources, or public health and safety that— (i) is caused by an act or omission of the Indian tribe; and (ii) arises out of a failure to carry out the compact or funding agreement; or (B) gross mismanagement with respect to funds transferred to an Indian tribe under a compact or funding agreement, as determined by the Secretary in consultation with the Inspector General, as appropriate. (2) Prohibition The Secretary shall not reassume operation of a program, in whole or part, unless— (A) the Secretary first provides written notice and a hearing on the record to the Indian tribe; and (B) the Indian tribe does not take corrective action to remedy the mismanagement of the funds or programs, or the imminent jeopardy to a trust asset, natural resource, or public health and safety. (3) Exception (A) In general Notwithstanding paragraph (2), the Secretary may, on written notice to the Indian tribe, immediately reassume operation of a program if— (i) the Secretary makes a finding of imminent and substantial jeopardy and irreparable harm to a trust asset, a natural resource, or the public health and safety caused by an act or omission of the Indian tribe; and (ii) the imminent and substantial jeopardy, and irreparable harm to the trust asset, natural resource, or public health and safety arises out of a failure by the Indian tribe to carry out the terms of an applicable compact or funding agreement. (B) Reassumption If the Secretary reassumes operation of a program under subparagraph (A), the Secretary shall provide the Indian tribe with a hearing on the record not later than 10 days after the date of reassumption. (c) Inability To agree on compact or funding agreement (1) Final offer If the Secretary and a participating Indian tribe are unable to agree, in whole or in part, on the terms of a compact or funding agreement (including funding levels), the Indian tribe may submit a final offer to the Secretary. (2) Determination Not more than 60 days after the date of receipt of a final offer by the one or more officials designated pursuant to paragraph (4), the Secretary shall review and make a determination with respect to the final offer. (3) Extensions The deadline described in paragraph (2) may be extended for any length of time, as agreed upon by both the Indian tribe and the Secretary. (4) Designated officials (A) In general The Secretary shall designate one or more appropriate officials in the Department to receive a copy of the final offer described in paragraph (1). (B) No designation If no official is designated, the Executive Secretariat of the Secretary shall be the designated official. (5) No timely determination Except as otherwise provided in section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 , if the Secretary fails to make a determination with respect to a final offer within the period specified in paragraph (2), the Secretary shall be deemed to have agreed to the offer. (6) Rejection of final offer (A) In general If the Secretary rejects a final offer (or one or more provisions or funding levels in a final offer), the Secretary shall— (i) provide timely written notification to the Indian tribe that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that— (I) the amount of funds proposed in the final offer exceeds the applicable funding level as determined under section 106(a)(1); (II) the program that is the subject of the final offer is an inherent Federal function or is subject to the discretion of the Secretary under section 403(c); (III) the Indian tribe cannot carry out the program in a manner that would not result in significant danger or risk to the public health or safety, to natural resources, or to trust resources; (IV) the Indian tribe is not eligible to participate in self-governance under section 402(c); (V) the funding agreement would violate a Federal statute or regulation; or (VI) with respect to a program or portion of a program included in a final offer pursuant to section 403(b)(2), the program or the portion of the program is not otherwise available to Indian tribes or Indians under section 102(a)(1)(E); (ii) provide technical assistance to overcome the objections stated in the notification required by clause (i); (iii) provide the Indian tribe with— (I) a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter; and (II) the opportunity for appeal on the objections raised (except that the Indian tribe may, in lieu of filing such appeal, directly proceed to initiate an action in a United States district court under section 110(a)); and (iv) provide the Indian tribe the option of entering into the severable portions of a final proposed compact or funding agreement (including a lesser funding amount, if any), that the Secretary did not reject, subject to any additional alterations necessary to conform the compact or funding agreement to the severed provisions. (B) Effect of exercising certain option If an Indian tribe exercises the option specified in subparagraph (A)(iv)— (i) the Indian tribe shall retain the right to appeal the rejection by the Secretary under this section; and (ii) clauses (i), (ii), and (iii) of subparagraph (A) shall apply only to the portion of the proposed final compact or funding agreement that was rejected by the Secretary. (d) Burden of proof In any administrative action, hearing, or appeal or civil action brought under this section, the Secretary shall have the burden of proof— (1) of demonstrating, by a preponderance of the evidence, the validity of the grounds for a reassumption under subsection (b); and (2) of clearly demonstrating the validity of the grounds for rejecting a final offer made under subsection (c). (e) Good faith (1) In general Subject to section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 , in the negotiation of compacts and funding agreements, the Secretary shall at all times negotiate in good faith to maximize implementation of the self-governance policy. (2) Policy Subject to section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 , the Secretary shall carry out this title in a manner that maximizes the policy of tribal self-governance. (f) Savings (1) In general To the extent that programs carried out for the benefit of Indian tribes and tribal organizations under this title reduce the administrative or other responsibilities of the Secretary with respect to the operation of Indian programs and result in savings that have not otherwise been included in the amount of tribal shares and other funds determined under section 408(c), except for funding agreements entered into for programs under section 403(c), the Secretary shall make such savings available to the Indian tribes or tribal organizations for the provision of additional services to program beneficiaries in a manner equitable to directly served, contracted, and compacted programs. (2) Discretionary programs of special significance For any savings generated as a result of the assumption of a program by an Indian tribe under section 403(c), such savings shall be made available to that Indian tribe. (g) Trust responsibility The Secretary may not waive, modify, or diminish in any way the trust responsibility of the United States with respect to Indian tribes and individual Indians that exists under treaties, Executive orders, other laws, or court decisions. (h) Decisionmaker A decision that constitutes final agency action and relates to an appeal within the Department conducted under subsection (c)(4) may be made by— (1) an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency in which the decision that is the subject of the appeal was made; or (2) an administrative law judge. (i) Rules of construction Subject to section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 , each provision of this title and each provision of a compact or funding agreement shall be liberally construed for the benefit of the Indian tribe participating in self-governance, and any ambiguity shall be resolved in favor of the Indian tribe. 407. Construction programs and projects (a) In general Indian tribes participating in tribal self-governance may carry out construction projects under this title. (b) Tribal option To carry out certain federal environmental activities In carrying out a construction project under this title, an Indian tribe may, subject to the agreement of the Secretary, elect to assume some Federal responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), and related provisions of law and regulations that would apply if the Secretary were to undertake a construction project, by adopting a resolution— (1) designating a certifying tribal officer to represent the Indian tribe and to assume the status of a responsible Federal official under those Acts or regulations; and (2) accepting the jurisdiction of the United States courts for the purpose of enforcing the responsibilities of the certifying tribal officer assuming the status of a responsible Federal official under those Acts or regulations. (c) Savings clause Notwithstanding subsection (b), nothing in this section authorizes the Secretary to include in any compact or funding agreement duties of the Secretary under the National Environmental Policy Act ( 42 U.S.C. 4321 et seq. ), the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), and other related provisions of law that are inherent Federal functions. (d) Codes and standards In carrying out a construction project under this title, an Indian tribe shall— (1) adhere to applicable Federal, State, local, and tribal building codes, architectural and engineering standards, and applicable Federal guidelines regarding design, space, and operational standards, appropriate for the particular project; and (2) use only architects and engineers who— (A) are licensed to practice in the State in which the facility will be built; and (B) certify that— (i) they are qualified to perform the work required by the specific construction involved; and (ii) upon completion of design, the plans and specifications meet or exceed the applicable construction and safety codes. (e) Tribal accountability (1) In general In carrying out a construction project under this title, an Indian tribe shall assume responsibility for the successful completion of the construction project and of a facility that is usable for the purpose for which the Indian tribe received funding. (2) Requirements For each construction project carried out by an Indian tribe under this title, the Indian tribe and the Secretary shall negotiate a provision to be included in the funding agreement that identifies— (A) the approximate start and completion dates for the project, which may extend over a period of one or more years; (B) a general description of the project, including the scope of work, references to design criteria, and other terms and conditions; (C) the responsibilities of the Indian tribe and the Secretary for the project; (D) how project-related environmental considerations will be addressed; (E) the amount of funds provided for the project; (F) the obligations of the Indian tribe to comply with the codes referenced in subsection (c)(1) and applicable Federal laws and regulations; (G) the agreement of the parties over who will bear any additional costs necessary to meet changes in scope, or errors or omissions in design and construction; and (H) the agreement of the Secretary to issue a certificate of occupancy, if requested by the Indian tribe, based upon the review and verification by the Secretary, to the satisfaction of the Secretary, that the Indian tribe has secured upon completion the review and approval of the plans and specifications, sufficiency of design, life safety, and code compliance by qualified, licensed, and independent architects and engineers. (f) Funding (1) In general Subject to section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 , funding appropriated for construction projects carried out under this title shall be included in funding agreements as annual or semiannual advance payments at the option of the Indian tribe. (2) Advance payments Subject to section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 , the Secretary shall include all associated project contingency funds with each advance payment, and the Indian tribe shall be responsible for the management of such contingency funds. (g) Negotiations At the option of the Indian tribe, construction project funding proposals shall be negotiated pursuant to the statutory process in section 105, and any resulting construction project agreement shall be incorporated into the funding agreement as addenda. (h) Federal review and verification (1) In general On a schedule negotiated by the Secretary and the Indian tribe— (A) the Secretary shall review and verify, to the satisfaction of the Secretary, that project planning and design documents prepared by the Indian tribe in advance of initial construction are in conformity with the obligations of the Indian tribe under subsection (c); and (B) before the project planning and design documents are implemented, the Secretary shall review and verify to the satisfaction of the Secretary that subsequent document amendments which result in a significant change in construction are in conformity with the obligations of the Indian tribe under subsection (c). (2) Reports The Indian tribe shall provide the Secretary with project progress and financial reports not less than semiannually. (3) Oversight visits The Secretary may conduct onsite project oversight visits semiannually or on an alternate schedule agreed to by the Secretary and the Indian tribe. (i) Application of other laws Unless otherwise agreed to by the Indian tribe and except as otherwise provided in this Act, no provision of the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), the Federal Acquisition Regulations issued pursuant to that Act, or any other law or regulation pertaining to Federal procurement (including Executive orders) shall apply to any construction program or project carried out under this title. (j) Future funding Subject to section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 , upon completion of a facility constructed under this title, the Secretary shall include the facility among those eligible for annual operation and maintenance funding support comparable to that provided for similar facilities funded by the Department as annual appropriations are available and to the extent that the facility size and complexity and other factors do not exceed the funding formula criteria for comparable buildings. 408. Payment (a) In general At the request of the governing body of an Indian tribe and under the terms of an applicable funding agreement, the Secretary shall provide funding to the Indian tribe to carry out the funding agreement. (b) Advance annual payment At the option of the Indian tribe, a funding agreement shall provide for an advance annual payment to an Indian tribe. (c) Amount (1) In general Subject to subsection (e) and sections 403 and 405, the Secretary shall provide funds to the Indian tribe under a funding agreement for programs in an amount that is equal to the amount that the Indian tribe would have been entitled to receive under contracts and grants under this Act (including amounts for direct program and contract support costs and, in addition, any funds that are specifically or functionally related to the provision by the Secretary of services and benefits to the Indian tribe or its members) without regard to the organization level within the Department at which the programs are carried out. (2) Savings clause Nothing in this section reduces programs, services, or funds of, or provided to, another Indian tribe. (d) Timing (1) In general Pursuant to the terms of any compact or funding agreement entered into under this title, the Secretary shall transfer to the Indian tribe all funds provided for in the funding agreement, pursuant to subsection (c), and provide funding for periods covered by joint resolution adopted by Congress making continuing appropriations, to the extent permitted by such resolution. (2) Transfers Not later than 1 year after the date of enactment of the Department of the Interior Tribal Self-Governance Act of 2014 , in any instance in which a funding agreement requires an annual transfer of funding to be made at the beginning of a fiscal year or requires semiannual or other periodic transfers of funding to be made commencing at the beginning of a fiscal year, the first such transfer shall be made not later than 10 days after the apportionment of such funds by the Office of Management and Budget to the Department, unless the funding agreement provides otherwise. (e) Availability Funds for trust services to individual Indians shall be available under a funding agreement only to the extent that the same services that would have been provided by the Secretary are provided to individual Indians by the Indian tribe. (f) Multiyear funding A funding agreement may provide for multiyear funding. (g) Limitations on authority of the secretary The Secretary shall not— (1) fail to transfer to an Indian tribe its full share of any central, headquarters, regional, area, or service unit office or other funds due under this title for programs eligible under paragraph (1) or (2) of section 403(b), except as required by Federal law; (2) withhold any portion of such funds for transfer over a period of years; or (3) reduce the amount of funds required under this title— (A) to make funding available for self-governance monitoring or administration by the Secretary; (B) in subsequent years, except as necessary as a result of— (i) a reduction in appropriations from the previous fiscal year for the program to be included in a compact or funding agreement; (ii) a congressional directive in legislation or an accompanying report; (iii) a tribal authorization; (iv) a change in the amount of pass-through funds subject to the terms of the funding agreement; or (v) completion of an activity under a program for which the funds were provided; (C) to pay for Federal functions, including— (i) Federal pay costs; (ii) Federal employee retirement benefits; (iii) automated data processing; (iv) technical assistance; and (v) monitoring of activities under this title; or (D) to pay for costs of Federal personnel displaced by self-determination contracts under this Act or self-governance under this title. (h) Federal resources If an Indian tribe elects to carry out a compact or funding agreement with the use of Federal personnel, Federal supplies (including supplies available from Federal warehouse facilities), Federal supply sources (including lodging, airline transportation, and other means of transportation, including the use of interagency motor pool vehicles), or other Federal resources (including supplies, services, and resources available to the Secretary under any procurement contracts in which the Department is eligible to participate), the Secretary shall, as soon as practicable, acquire and transfer such personnel, supplies, or resources to the Indian tribe under this title. (i) Prompt payment act Chapter 39 of title 31, United States Code, shall apply to the transfer of funds due under a compact or funding agreement authorized under this title. (j) Interest or other income (1) In general An Indian tribe may retain interest or income earned on any funds paid under a compact or funding agreement to carry out governmental purposes. (2) No effect on other amounts The retention of interest or income under paragraph (1) shall not diminish the amount of funds an Indian tribe is entitled to receive under a funding agreement in the year the interest or income is earned or in any subsequent fiscal year. (3) Investment standard Funds transferred under this title shall be managed by the Indian tribe using the prudent investment standard, provided that the Secretary shall not be liable for any investment losses of funds managed by the Indian tribe that are not otherwise guaranteed or insured by the Federal Government. (k) Carryover of funds (1) In general Notwithstanding any provision of an appropriations Act, all funds paid to an Indian tribe in accordance with a compact or funding agreement shall remain available until expended. (2) Effect of carryover If an Indian tribe elects to carry over funding from 1 year to the next, the carryover shall not diminish the amount of funds the Indian tribe is entitled to receive under a funding agreement in that fiscal year or any subsequent fiscal year. (l) Limitation of costs (1) In general An Indian tribe shall not be obligated to continue performance that requires an expenditure of funds in excess of the amount of funds transferred under a compact or funding agreement. (2) Notice of insufficiency If at any time the Indian tribe has reason to believe that the total amount provided for a specific activity under a compact or funding agreement is insufficient, the Indian tribe shall provide reasonable notice of such insufficiency to the Secretary. (3) Suspension of performance If, after notice under paragraph (2), the Secretary does not increase the amount of funds transferred under the funding agreement, the Indian tribe may suspend performance of the activity until such time as additional funds are transferred. (4) Savings clause Nothing in this section reduces any programs, services, or funds of, or provided to, another Indian tribe. (m) Distribution of funds The Office of Self-Governance shall be responsible for distribution of all Bureau of Indian Affairs funds provided under this title unless otherwise agreed by the parties to an applicable funding agreement. (n) Applicability Section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 applies to subsections (a) through (m). 409. Facilitation (a) In general Except as otherwise provided by law (including section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 ), the Secretary shall interpret each Federal law and regulation in a manner that facilitates— (1) the inclusion of programs in funding agreements; and (2) the implementation of funding agreements. (b) Regulation waiver (1) Request An Indian tribe may submit to the Secretary a written request for a waiver of applicability of a Federal regulation, including— (A) an identification of the specific text in the regulation sought to be waived; and (B) the basis for the request. (2) Determination by the secretary Not later than 120 days after receipt by the Secretary and the designated officials under paragraph (4) of a request under paragraph (1), the Secretary shall approve or deny the requested waiver in writing to the Indian tribe. (3) Extensions The deadline described in paragraph (2) may be extended for any length of time, as agreed upon by both the Indian tribe and the Secretary. (4) Designated officials The Secretary shall designate one or more appropriate officials in the Department to receive a copy of the waiver request described in paragraph (1). (5) Grounds for denial The Secretary may deny a request under paragraph (1)— (A) for a program eligible under paragraph (1) or (2) of section 403(b), only upon a specific finding by the Secretary that the identified text in the regulation may not be waived because such a waiver is prohibited by Federal law; and (B) for a program eligible under section 403(c), upon a specific finding by the Secretary that the waiver is prohibited by Federal law or is inconsistent with the express provisions of the funding agreement. (6) Failure to make determination If the Secretary fails to approve or deny a waiver request within the period required under paragraph (2), the Secretary shall be deemed to have approved the request. (7) Finality A decision of the Secretary under this section shall be final for the Department. 410. Disclaimers Nothing in this title expands or alters any statutory authority of the Secretary in a manner that authorizes the Secretary to enter into any agreement under section 403— (1) with respect to an inherent Federal function; (2) in a case in which the law establishing a program explicitly prohibits the type of participation sought by the Indian tribe (without regard to whether one or more Indian tribes are identified in the authorizing law); or (3) that limits or reduces in any way the services, contracts, or funds that any other Indian tribe or tribal organization is eligible to receive under section 102 or any other applicable Federal law. 411. Discretionary application of other sections (a) In general Except as otherwise provided in section 101(c), at the option of a participating Indian tribe or Indian tribes, any of the provisions of title I may be incorporated in any compact or funding agreement under this title. (b) Effect Each incorporated provision under subsection (a) shall— (1) have the same force and effect as if set out in full in this title; (2) supplement or replace any related provision in this title; and (3) apply to any agency otherwise governed by this title. (c) Effective date If an Indian tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall— (1) be effective immediately; and (2) control the negotiation and resulting compact and funding agreement. 412. Annual Budget list The Secretary shall list, in the annual budget request submitted to Congress under section 1105 of title 31, United States Code, any funds proposed to be included in funding agreements authorized under this Act. 413. Reports (a) In general (1) Requirement On January 1 of each year, the Secretary shall submit to Congress a report regarding the administration of this title. (2) Analysis Any Indian tribe may submit to the Office of Self-Governance and to the appropriate Committees of Congress a detailed annual analysis of unmet tribal needs for funding agreements under this title. (b) Contents The report under subsection (a)(1) shall— (1) be compiled from information contained in funding agreements, annual audit reports, and data of the Secretary regarding the disposition of Federal funds; (2) identify— (A) the relative costs and benefits of self-governance; (B) with particularity, all funds that are specifically or functionally related to the provision by the Secretary of services and benefits to self-governance Indian tribes and members of Indian tribes; (C) the funds transferred to each Indian tribe and the corresponding reduction in the Federal employees and workload; and (D) the funding formula for individual tribal shares of all Central Office funds, together with the comments of affected Indian tribes, developed under subsection (d); (3) before being submitted to Congress, be distributed to the Indian tribes for comment (with a comment period of no less than 30 days); (4) include the separate views and comments of each Indian tribe or tribal organization; and (5) include a list of— (A) all such programs that the Secretary determines, in consultation with Indian tribes participating in self-governance, are eligible for negotiation to be included in a funding agreement at the request of a participating Indian tribe; and (B) all such programs which Indian tribes have formally requested to include in a funding agreement under section 403(c) due to the special geographic, historical, or cultural significance of the program to the Indian tribe, indicating whether each request was granted or denied, and stating the grounds for any denial. (c) Report on non-BIA, non-OST programs (1) In general In order to optimize opportunities for including non-Bureau of Indian Affairs and non-Office of Special Trustee programs in agreements with Indian tribes participating in self-governance under this title, the Secretary shall review all programs administered by the Department, other than through the Bureau of Indian Affairs or Office of the Special Trustee, without regard to the agency or office concerned. (2) Programmatic targets The Secretary shall establish programmatic targets, after consultation with Indian tribes participating in self-governance, to encourage bureaus of the Department to ensure that an appropriate portion of those programs are available to be included in funding agreements. (3) Publication The lists under subsection (b)(5) and targets under paragraph (2) shall be published in the Federal Register and made available to any Indian tribe participating in self-governance. (4) Annual review (A) In general The Secretary shall annually review and publish in the Federal Register, after consultation with Indian tribes participating in self-governance, revised lists and programmatic targets. (B) Contents In preparing the revised lists and programmatic targets, the Secretary shall consider all programs that were eligible for contracting in the original list published in the Federal Register in 1995, except for programs specifically determined not to be contractible as a matter of law. (d) Report on central office funds Not later than January 1, 2014, the Secretary shall, in consultation with Indian tribes, develop a funding formula to determine the individual tribal share of funds controlled by the Central Office of the Bureau of Indian Affairs and the Office of the Special Trustee for inclusion in the compacts. 414. Regulations (a) In general (1) Promulgation Not later than 90 days after the date of enactment of the Department of the Interior Tribal Self-Governance Act of 2014 , the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5, United States Code, to negotiate and promulgate such regulations as are necessary to carry out this title. (2) Publication of proposed regulations Proposed regulations to implement this title shall be published in the Federal Register not later than 21 months after the date of enactment of the Department of the Interior Tribal Self-Governance Act of 2014 . (3) Expiration of authority The authority to promulgate regulations under paragraph (1) shall expire on the date that is 30 months after the date of enactment of the Department of the Interior Tribal Self-Governance Act of 2014 . (b) Committee (1) Membership A negotiated rulemaking committee established pursuant to section 565 of title 5, United States Code, to carry out this section shall have as its members only representatives of the Federal Government and tribal government. (2) Lead agency Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department. (c) Adaptation of procedures The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian tribes. (d) Effect (1) Repeal The Secretary may repeal any regulation that is inconsistent with this Act. (2) Conflicting provisions Subject to section 202 of the Department of the Interior Tribal Self-Governance Act of 2014 , this title shall supersede any conflicting provision of law (including any conflicting regulations). (3) Effectiveness without regard to regulations The lack of promulgated regulations on an issue shall not limit the effect or implementation of this title. 415. Effect of circulars, policies, manuals, guidance, and rules Unless expressly agreed to by a participating Indian tribe in a compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except for— (1) the eligibility provisions of section 105(g); and (2) regulations promulgated pursuant to section 414. 416. Appeals Except as provided in section 406(d), in any administrative action, appeal, or civil action for judicial review of any decision made by the Secretary under this title, the Secretary shall have the burden of proof of demonstrating by a preponderance of the evidence— (1) the validity of the grounds for the decision; and (2) the consistency of the decision with the requirements and policies of this title. 417. Application of other provisions Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959), shall apply to compacts and funding agreements entered into under this title. 418. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title. . 202. Effect of certain provisions (a) Definitions In this section: (1) Funding agreement The term funding agreement means a funding agreement entered into under section 403 of the ISDEAA ( 25 U.S.C. 458cc ). (2) ISDEAA The term ISDEAA means the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ). (3) Non-BIA program The term non-BIA program means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency of the Department of the Interior other than through— (A) the Bureau of Indian Affairs; (B) the Office of the Assistant Secretary for Indian Affairs; or (C) the Office of the Special Trustee for American Indians. (4) Secretary The term Secretary means the Secretary of the Interior. (5) Self-determination contract The term self-determination contract means a self-determination contract entered into under section 102 of the ISDEAA ( 25 U.S.C. 450f ). (6) Tribal water settlement The term tribal water settlement means any settlement, compact, or other agreement entered into by an Indian tribe and the United States, or by an Indian tribe, the United States, and one or more parties that— (A) settles or quantifies any Federal reserved water rights or any claims relating to those rights of the Indian tribe; and (B) has been authorized by an Act of Congress. (b) Effect of provisions Nothing in this Act (including this section) or any amendment made by this Act (including section 414 of the ISDEAA (relating to regulations), as added by section 201)— (1) modifies or affects the meaning, application, or effect of— (A) section 102(a)(1)(E) of the ISDEAA ( 25 U.S.C. 450f(a)(1)(E) ), as in effect on the day before the date of enactment of this Act; or (B) paragraph (2) or (3) of subsection (b) or subsection (c) of section 403 of the ISDEAA (25 U.S.C. 458cc), as in effect on the day before the date of enactment of this Act; (2) increases, limits, modifies, or otherwise affects any authority of the Secretary that the Secretary held on the day before the date of enactment of this Act under section 403(c) of the ISDEAA ( 25 U.S.C. 458cc(c) ); (3) authorizes the inclusion of any non-BIA program in— (A) a self-determination contract as a program under section 102(a)(1)(E) of the ISDEAA (25 U.S.C. 450f(a)(1)(E)) if the inclusion of that non-BIA program in a self-determination contract as a program under that section would not have been authorized under the ISDEAA on the day before the date of enactment of this Act; (B) a funding agreement as a program under section 403(b)(2) of the ISDEAA ( 25 U.S.C. 458cc(b)(2) ) if the inclusion of that non-BIA program in a funding agreement as a program under that section would not have been authorized on the day before the date of enactment of this Act; or (C) a funding agreement as a program under section 403(c) of the ISDEAA ( 25 U.S.C. 458cc(c) ) if the inclusion of that non-BIA program in a funding agreement as a program under that section would not have been authorized under the ISDEAA on the day before the date of enactment of this Act; (4) modifies or otherwise affects the meaning, application, or effect of any provision of law that— (A) is not contained in the ISDEAA; and (B) expressly authorizes or prohibits contracting or compacting under title I or title IV of the ISDEAA with respect to a specific program or project that is identified or otherwise referred to in that provision of law; (5) modifies or otherwise affects the meaning, application, or effect of, or the performance required of a party, or any payment or funding under— (A) a tribal water settlement; or (B) any Act of Congress approving, authorizing, or ratifying a tribal water settlement; or (6) authorizes any self-determination contract or funding agreement or approval of any self-determination contract or funding agreement under the ISDEAA (as amended by section 201) that would authorize an Indian tribe to plan, conduct, consolidate, administer, or receive funding for any program, project, or activity that is required, authorized, or funded by a tribal water settlement or an Act of Congress approving, authorizing, or ratifying a tribal water settlement in a manner that is inconsistent with the terms of that tribal water settlement or that Act of Congress.
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113-hr-4547
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I 113th CONGRESS 2d Session H. R. 4547 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Cassidy introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To modify the definition of antique firearm .
1. Amendment to title 18, United States Code Section 921(a)(16)(A) of title 18, United States Code, is amended by striking 1898 and inserting 1913 . 2. Amendment to Internal Revenue Code of 1986 Subsection (g) of section 5845 of the Internal Revenue Code of 1986 is amended by striking 1898 each place it appears and inserting 1913 .
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113-hr-4548
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I 113th CONGRESS 2d Session H. R. 4548 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Cohen (for himself, Mr. Rangel , and Ms. Norton ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Labor to include programs that teach technology literacy in any job training program for ex-offenders offered under the Workforce Investment Act of 1998.
1. Short title This Act may be cited as the Re-Integration of Ex-Offenders Through Technology Act . 2. Inclusion of technology literacy in ex-offender job training programs The Secretary of Labor shall include programs that teach technology literacy in any job training program for ex-offenders offered under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ).
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113-hr-4549
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I 113th CONGRESS 2d Session H. R. 4549 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Duffy introduced the following bill; which was referred to the Committee on Agriculture A BILL To require the Forest Service to meet annual volume targets for timber harvesting in the management of a unit of the National Forest System and to provide for the transfer of such management responsibility to the State in which the unit is located when such targets are not consistently met, and for other purposes.
1. Short title This Act may be cited as the Strong Forests Grow Strong Communities Act of 2014 . 2. Definitions In this Act: (1) Annual volume requirement (A) In general The term annual volume requirement , with respect to a unit of the National Forest System, means a volume of national forest materials no less than 50 percent of the sustained yield of the unit. (B) Exclusions In determining the volume of national forest materials or the sustained yield of a Forest Reserve Revenue Area, the Secretary may not include non-commercial post and pole sales and personal use firewood. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate. (3) National forest materials The term national forest materials has the meaning given that term in section 14(e)(1) of the National Forest Management Act of 1976 ( 16 U.S.C. 472a(e)(1) ). (4) National forest system The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ), except that the term does not include 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 ). (5) Secretary The term Secretary means the Secretary of Agriculture. (6) Sustained yield The term sustained yield means the maximum annual growth potential of the forest calculated on the basis of the culmination of mean annual increment using cubic measurement. (7) State The term State includes the Commonwealth of Puerto Rico. 3. Annual volume requirement (a) Publication Not later than 30 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register, make available on the website of the Forest Service, and submit to the appropriate congressional committees the annual volume requirement for each unit of the National Forest System. (b) Revision Upon publication of the annual volume requirement for a unit of the National Forest System under subsection (a), the Secretary may not reduce the annual volume requirement for that unit without the consent of Congress in a law enacted after the date of the enactment of this Act. 4. Management of National Forest System lands to satisfy annual volume requirements (a) Requirement To achieve annual volume requirement The Secretary shall manage the sale of national forest materials in each unit of the National Forest System in the manner necessary so that the annual volume requirement for that unit is met each calendar year. (b) Application of land and resource management plan The Secretary may modify the standards and guidelines contained in the land and resource management plan for a unit of the National Forest System as necessary so as to meet the annual volume requirement for that unit. (c) Compliance with endangered species act (1) Non-jeopardy assessment If the Secretary determines that a sale of national forest materials may affect the continued existence of any species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ), the Secretary shall issue a determination explaining the view of the Secretary that the proposed sale is not likely to jeopardize the continued existence of the species. (2) Submission, review, and response (A) Submission The Secretary shall submit a determination issued by the Secretary under paragraph (1) to the Secretary of the Interior or the Secretary of Commerce, as appropriate. (B) Review and response Within 30 days after receiving a determination under subparagraph (A), the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall provide a written response to the Secretary concurring in or rejecting the Secretary’s determination. If the Secretary of the Interior or the Secretary of Commerce rejects the determination, the written response shall include recommendations for measures that— (i) will avoid the likelihood of jeopardy to an endangered or threatened species; (ii) can be implemented in a manner consistent with the intended purpose of the sale; (iii) can be implemented consistent with the scope of the Secretary’s legal authority and jurisdiction; and (iv) are economically and technologically feasible. (3) Formal consultation If the Secretary of the Interior or the Secretary of Commerce rejects a determination issued by the Secretary under paragraph (1), the Secretary of the Interior or the Secretary of Commerce also is required to engage in formal consultation with the Secretary. The Secretaries shall complete such consultation pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) within 90 days after the submission of the written response under paragraph (2). 5. State management of National Forest System lands when annual volume requirements are not met (a) Request by state To manage unit (1) Submission of request; when authorized If the Secretary fails to meet the annual volume requirement for a unit of the National Forest System for five calendar years, whether consecutively or over a longer than five-year period, the State in which the unit is located may submit to the Secretary a request to enter into a cooperative agreement with the Secretary for purposes of managing the unit. (2) Role of political subdivisions A State that undertakes the management of a unit of the National Forest System under this section may conduct such management directly, through an agreement with a political subdivision of the State in which National Forest System lands of that unit are located, or through contracts with third parties. (3) Treatment of units located in multiple states If a unit of the National Forest System is located in more than one State, a State’s request under paragraph (1) shall cover only those National Forest System lands of that unit located in that State. (b) Approval of request Not later than 90 days after the date on which the Secretary receives the request under subsection (a), the Secretary shall approve the request and enter into the cooperative agreement unless the Secretary determines that— (1) the State has failed to demonstrate that it has sufficient funds to manage the unit of the National Forest System for the production of national forest materials; (2) the request is incomplete; or (3) the proposed cooperative agreement submitted with the request fails to address all of the items specified in subsection (f). (c) Opportunity To amend request (1) Notice of denial If the Secretary denies a request received under subsection (a) on the basis of one or more of the reasons authorized by subsection (b), the Secretary shall provide the State with a clear and comprehensive statement of— (A) the reasons why the request was denied; and (B) any deficiencies in the request or the related proposed cooperative agreement. (2) Resubmission After receiving a notice from the Secretary under paragraph (1), a State may amend and resubmit the denied request. (d) Request and cooperative agreement deemed approved If the Secretary does not approve or deny a request submitted under subsection (a) or (c)(2) within the 90 days after receiving the request, the request and the proposed cooperative agreement submitted with the request shall be deemed approved. (e) Request contents A request submitted under subsection (a) shall include— (1) a letter signed by the Governor of the State addressed to the Secretary that identifies the unit of the National Forest System that the State will manage for the production of national forest materials; (2) the proposed cooperative agreement for State management of the unit; (3) the proposed role of political subdivisions of the State in the management of National Forest System lands of the unit located within the political subdivisions; and (4) documentation that demonstrates the ability of the State to provide sufficient funds to manage the unit for the duration of the cooperative agreement. (f) Elements of cooperative agreement The cooperative agreement entered into by the Secretary and the Governor of a State for the management of a unit of the National Forest System shall address the following: (1) The State’s management of the unit after the effective date of the transfer of management to the State for a specified term of years. (2) A cost-sharing agreement under which the State will provide a certain amount (equal to not less than 50 percent), in cash or in-kind, of the total amount required for the management of the unit. (3) The amount to be contributed by the State shall be determined by the Governor of the State and the Secretary, only after the Secretary submits to the State a categorical assessment of all costs, in the recent past and anticipated during the duration of the cooperative agreement, of managing the unit, including employee salary data. (4) In the event of a natural disaster, as categorized by the Federal Emergency Management Agency, the State shall assume authority over recovery initiatives (nullifying any existing established Federal response protocol) so that— (A) the cost of damages to any structure on the unit be shared by both State and Federal entities at a ratio in accordance to the cost-sharing agreement; and (B) the cost and administration of repair of damages resulting from natural disasters, not including structures referred to in subparagraph (A), shall be assumed by the State rather than the Federal Government. (5) All revenue accrued from fees, royalties, and other revenues related to the unit shall be distributed to the State and Federal entities in accordance to the percentages dictated by the cost-sharing agreement and shall be used so that the percentage of funds designated to the Federal entity shall be made available to the Secretary for use at the sole discretion of the Secretary. (6) The procedures to be followed for purposes of the transition from Federal to State management of the unit, including— (A) a guarantee that all Federal employees managing the unit may remain employed without infringement upon their existing conditions of employment; (B) a guarantee that the State may use its percentage of the amounts required for the management of the unit to hire additional staff whose terms of employment shall be decided by the State; and (C) authority over the unit shall be directed by the State and a State-appointed manager, but the implementation of its directives may include the existing Federal superintendent concerned and performed in conjunction with State employees. (7) The transfer to the State of any special use permits issued to the Secretary with respect to the unit. (8) A provision stating that lands currently open to mineral entry under the Act of May 10, 1872 (commonly referred to as the General Mining Act of 1872; 30 U.S.C. 22 et seq.), shall remain open to mineral entry under State law unless subsequently changed by a State mineral closing order. (g) Applicability of state law on qualifying federal lands under cooperative agreement State environmental, wildlife, and land management laws shall supercede Federal environmental, wildlife, and land management laws on a unit of the National Forest System managed by a State under a cooperative agreement in place under this section. (h) Ownership Notwithstanding State management of a unit of the National Forest System under a cooperative agreement entered into under this section, the United States shall retain all right, title, and interest in and to the National Forest System lands within the unit. (i) Termination of cooperative agreement A cooperative agreement applicable under this section shall terminate, at the discretion of the Secretary, under the following circumstances: (1) The State defaults on a payment, thereby requiring Federal entities to assume responsibility for the financial liabilities. (2) The State is in substantial breach of the cooperative agreement as determined by a court of the United States. (3) The cooperative agreement terminates under a term contained in that agreement. 6. Annual report (a) Report required Not later than 60 days after the end of each calendar year, the Secretary shall submit to the appropriate congressional committees an annual report specifying— (1) the annual volume requirement in effect for that calendar year for each unit of the National Forest System; (2) the units that did not meet the annual volume requirement; (3) the units under State management pursuant to section 5; (4) the volume of board feet actually harvested for each unit; (5) the average cost of preparation for sales of national forest materials; and (6) the revenues generated from such sales. (b) Form of report In addition to submitting each report to Congress, the Secretary shall also make the report available on the website of the Forest Service.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4549ih/xml/BILLS-113hr4549ih.xml
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113-hr-4550
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I 113th CONGRESS 2d Session H. R. 4550 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Fitzpatrick introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure , Education and the Workforce , Small Business , Energy and Commerce , Financial Services , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To extend the emergency unemployment compensation program, and to stimulate the economy and create opportunities for new job creation.
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. Title I—Provisions relating to unemployment compensation Sec. 101. Extension of emergency unemployment compensation program. Sec. 102. Temporary extension of extended benefit provisions. Sec. 103. Extension of funding for reemployment services and reemployment and eligibility assessment activities. Sec. 104. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 105. Flexibility for unemployment program agreements. Sec. 106. Ending unemployment payments to jobless millionaires and billionaires. Sec. 107. GAO study on the use of work suitability requirements in unemployment insurance programs. Sec. 108. Funding stabilization. Sec. 109. Prepayment of certain PBGC premiums. Sec. 110. Extension of customs user fees. Sec. 111. Emergency services, government, and certain nonprofit volunteers. Title II—Provisions relating to job creation Sec. 201. Treatment of employment assistance voucher programs. Sec. 202. Disadvantaged business enterprises. Sec. 203. America Star Program. Sec. 204. Fostering innovation. Sec. 205. Partnership To Build America. Sec. 206. Keystone XL pipeline. I Provisions relating to unemployment compensation 101. 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 101(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 ). 102. 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 ). 103. 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. 104. 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. 105. 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. 106. 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. 107. 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. 108. 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. 109. 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. 110. 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 . 111. 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. II Provisions relating to job creation 201. Treatment of employment assistance voucher programs (a) Use of unemployment fund for employment assistance voucher program (1) State law Section 3304(a)(4) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (F), by inserting and at the end of subparagraph (G), and by adding at the end the following new subparagraph: (H) during the 120-day period beginning on the date of the enactment of the Emergency Unemployment Compensation Extension Act of 2014 , amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in section 3306(v)); . (2) Permissible expenditures Section 3306(f) of such Code is amended— (A) by striking and at the end of paragraph (5), (B) by redesignating the paragraph relating to the self-employment assistance program as paragraph (6) and striking the period at the end of such paragraph and inserting ; and , and (C) by adding at the end the following new paragraph: (7) during the 120-day period beginning on the date of the enactment of the Emergency Unemployment Compensation Extension Act of 2014 , amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in subsection (v)). . (b) Employment assistance voucher program defined Section 3306 of such Code is amended by adding at the end the following new subsection: (v) Employment assistance voucher program For the purposes of this chapter— (1) In general The term employment assistance voucher program means a program under which— (A) an eligible individual is issued an employment assistance voucher, (B) upon employment with an employer described in paragraph (5)— (i) the eligible individual transfers the employment assistance voucher to the employer, (ii) the individual ceases to receive unemployment compensation and is paid wages by the employer, and (iii) the employer receives payments upon presenting the voucher to the State, and (C) the program meets such other requirements as the Secretary of Labor determines to be appropriate. (2) Rules relating to unemployed individuals For purposes of paragraph (1)— (A) Compensation Compensation pursuant to paragraph (1)(B)(ii) shall— (i) not be less than 200 percent of the unemployment compensation otherwise payable to the individual on the date of the individual’s employment under the employment assistance voucher program, (ii) not be less than the minimum wage (as specified in section 6 of the Fair Labor Standards Act of 1938), and (iii) be payable for a period not to exceed the maximum number of remaining weeks of unemployment compensation (including supplemental and emergency) to which the employee would be entitled (but for participating in the employment assistance voucher program), determined as of the date of employment. (B) Termination of employment If, before the end of the period referred to in subparagraph (A)(iii), an individual’s employment with an employer under the employment assistance voucher program is terminated for reasons other than cause, the individual is entitled to the remaining period of entitlement referred to in subparagraph (A)(iii) less the number of weeks of such employment. (C) Certain requirements not to apply State requirements relating to availability for work, active search for work, and refusal to accept work are not applicable to individuals participating in the employment assistance voucher program. (3) Employment assistance voucher The term employment assistance voucher means a voucher— (A) obtained by an eligible individual pursuant to the State law, and (B) payable to the employer of the eligible individual— (i) at a rate determined under State law but not to exceed 90 percent of the amount of unemployment compensation to which the eligible individual is entitled, and (ii) on the same schedule as unemployment compensation would be payable to the individual but for employment under the employment assistance voucher program. (4) Eligible individual The term eligible individual means an individual who— (A) is eligible to receive regular unemployment compensation under the State law, extended unemployment, or emergency unemployment or would be eligible to receive such compensation except for the requirements described in paragraph (1)(B), (B) is identified pursuant to a State worker profiling system as an individual likely to exhaust regular unemployment compensation, (C) immediately prior to employment by the eligible employer, was unemployed for not less than 6 months, and (D) is employed by an eligible employer. (5) Eligible employer The term eligible employer means an employer who agrees to the terms and conditions of employment under the unemployment assistance voucher program and who is approved by the State agency. (6) Treatment of participating individuals under Federal and State law Individuals participating in an unemployment assistance voucher program shall be treated as unemployed for the purposes of Federal and State laws applicable to unemployment compensation, except that wages paid to the employee under such program shall be subject to Federal and State taxation to the same extent and in the same manner as wages generally. (7) Cost limiter A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the program does not result in any cost to the Unemployment Trust Fund (established by section 904(a) of the Social Security Act) in excess of the cost that would be incurred by such State and charged to such Fund, or to any Federal funds in the system if the State had not participated in such program. (8) Prevention of employment termination to participate in program A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the State has in effect measures to prevent employers from terminating employment for purposes of participating in the employment assistance voucher program. (9) Prevention in terminating employees during program A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the State has in effect measures to recoup payments made to an employer under the program if the employer has terminated from employment more employees during the 120-day period referred to in section 3304(a)(4)(H) than the employer has hired under the program. . (c) Conforming amendment Section 303(a)(5) of the Social Security Act ( 42 U.S.C. 503(a)(5) ) is amended by striking ; and and inserting : Provided further , That amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in section 3306(v) of the Internal Revenue Code of 1986); and . (d) State reports Any State operating an employment assistance voucher program approved by the Secretary of Labor pursuant to section 3304(a)(4)(H) of the Internal Revenue Code of 1986 (as added by this section) shall report annually to the Secretary on the number of individuals who participate in the program, the operating costs of the program, compliance with program requirements, and any other relevant aspects of program operations requested by the Secretary. (e) Report to congress Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall submit a report to the Congress with respect to the operation of the employment assistance voucher program. Such report shall be based on the reports received from the States pursuant to subsection (d) and include such other information as the Secretary of Labor determines is appropriate. (f) Effective date The provisions of this section and the amendments made by this section shall take effect on the date of the enactment of this Act. 202. Disadvantaged business enterprises Section 1101(b) of MAP–21 ( 23 U.S.C. 101 note) is amended— (1) in paragraph (2) by adding at the end the following: (C) Veteran-owned small business concern The term veteran-owned small business concern has the meaning given the term small business concern owned and controlled by veterans in section 3(q) of the Small Business Act ( 15 U.S.C. 632(q) ). ; (2) in paragraph (3) by inserting and veteran-owned small business concerns before the period at the end; and (3) in paragraph (4)(B)— (A) in clause (ii) by striking and at the end; (B) in clause (iii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iv) veterans. . 203. America Star Program (a) In general The Secretary shall establish a voluntary program, to be known as the America Star Program , under which manufacturers may have products certified as meeting the standards of labels that indicate to consumers the extent to which the products are manufactured in the United States. (b) Establishment of labels (1) In general The Secretary shall by rule establish such America Star labels as the Secretary considers appropriate, including the content of the labels and the standards that a product shall meet in order to bear a particular America Star label. The labels shall be consistent with public perceptions of the meaning of descriptions of the extent to which a product is manufactured in the United States. (2) Goals The America Star labels shall be designed to achieve the following goals: (A) Providing clarity for consumers about the extent to which products are manufactured in the United States. (B) Encouraging manufacturers to manufacture more products in the United States. (C) Highlighting the importance of domestic manufacturing for the economy of the United States. (c) Certification of products (1) Application procedures A manufacturer that wishes to have a product certified as meeting the standards of an America Star label may apply to the Secretary for certification in accordance with such procedures as the Secretary shall by rule establish. (2) Action by Secretary After receiving an application for certification under paragraph (1), the Secretary shall, not later than a reasonable time to be specified by the Secretary by rule— (A) determine whether the product meets the standards of the label; (B) if the product meets such standards, certify the product; and (C) notify the manufacturer of the determination and whether the product has been certified. (d) Monitoring; withdrawal of certification (1) Monitoring The Secretary shall conduct such monitoring and compliance review as the Secretary considers necessary to— (A) detect violations of subsection (h); and (B) ensure that products certified as meeting the standards of America Star labels continue to meet such standards. (2) Withdrawal of certification (A) On initiative of Secretary If the Secretary determines that a product certified as meeting the standards of an America Star label no longer meets such standards, the Secretary shall— (i) notify the manufacturer of the determination and any corrective action that would enable the product to meet such standards; and (ii) if the manufacturer does not take such action within a reasonable time after receiving notification under clause (i), to be specified by the Secretary by rule, the Secretary shall withdraw the certification of the product and notify the manufacturer of the withdrawal. (B) At request of manufacturer At the request of the manufacturer of a product, the Secretary shall withdraw the certification of the product and notify the manufacturer of the withdrawal. (e) Regulations (1) In general The Secretary may promulgate such regulations as are necessary to implement this section. (2) Deadline Not later than 2 years after the date of the enactment of this Act, the Secretary shall promulgate such regulations as are necessary to begin certifying products under the America Star Program. (f) Administration by contract The Secretary may enter into a contract with a person under which such person carries out certification determinations under subsection (c), monitoring activities and withdrawal determinations under subsection (d), collection of fees under subsection (k)(1) and the remission of such fees to the Secretary (but not the establishment of the amounts of such fees), and related administrative activities. For purposes of subsections (h) and (j), such a determination, activity, or collection by such person shall be considered to be an action of the Secretary. (g) Consultation (1) With Federal Trade Commission In establishing the America Star labels and operating the America Star Program, the Secretary shall consult with the Federal Trade Commission to ensure consistency with the requirements enforced by the Commission with respect to representations of the extent to which products are manufactured in the United States. (2) With private-sector companies In establishing the America Star labels and operating the America Star Program, the Secretary should consult with private-sector companies that have developed labeling programs to verify or certify to consumers the extent to which products are manufactured in the United States. (h) Prohibited conduct Unless there is in effect a certification by the Secretary that a product meets the standards of an America Star label, a person may not place such label on such product, use such label in any marketing materials for such product, or in any other way represent that such product meets or is certified as meeting the standards of such label. (i) Enforcement (1) Civil penalty Any person who knowingly violates subsection (h) shall be subject to a civil penalty of not more than $10,000. (2) Ineligibility (A) In general Except as provided in subparagraph (C), if the Secretary determines that a manufacturer— (i) has made a false statement to the Secretary in connection with the America Star Program; (ii) knowing, or having reason to know, that a product does not meet the standards of an America Star label, has placed such label on such product, has used such label in any marketing materials for such product, or in any other way has represented that such product meets or is certified as meeting the standards of such label; or (iii) has otherwise violated the purposes of the America Star Program; the Secretary may not, for a period of 5 years after the conduct described in clause (i), (ii), or (iii), certify the product to which such conduct relates as meeting the standards of an America Star label. (B) Effect on existing certification In the case of a product with respect to which, at the time of the determination of the Secretary under subparagraph (A), there is in effect a certification by the Secretary that the product meets the standards of an America Star label— (i) if the product continues to meet such standards, the Secretary may either withdraw the certification or allow the certification to continue in effect, as the Secretary considers appropriate; and (ii) if the product no longer meets such standards, the Secretary shall withdraw the certification. (C) Waiver Notwithstanding subparagraph (A), the Secretary may waive or reduce the period referred to in such subparagraph if the Secretary determines that the waiver or reduction is in the best interests of the America Star Program. (3) False statements A false statement in connection with the America Star Program to a person with whom the Secretary contracts under subsection (f) shall be considered a false statement to the Secretary for purposes of paragraph (2)(A)(i) and section 1001 of title 18, United States Code. (j) Administrative appeal (1) Expedited appeals procedure The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary under this section that— (A) adversely affects such person; or (B) is inconsistent with the America Star Program. (2) Appeal of final decision A final decision of the Secretary under paragraph (1) may be appealed to the United States district court for the district in which the person is located. (k) Offsetting collections (1) In general The Secretary may collect reasonable fees from— (A) manufacturers that apply for certification of products as meeting the standards of America Star labels; and (B) manufacturers of products for which such certifications are in effect. (2) Account The fees collected under paragraph (1) shall be credited to the account that incurs the cost of the certification services provided under this section. (3) Use The fees collected under paragraph (1) shall be available to the Secretary, without further appropriation or fiscal-year limitation, to pay the expenses of the Secretary incurred in providing certification services under this section. (l) Definitions In this section: (1) America Star label The term America Star label means a label described in subsection (a) and established by the Secretary under subsection (b)(1). (2) America Star Program The term America Star Program means the voluntary labeling program established under this section. (3) Secretary The term Secretary means the Secretary of Commerce. 204. Fostering innovation Not later than 180 days after the date of the enactment of this Act, the Securities and Exchange Commission shall revise the definition of accelerated filer , as such term is defined in Rule 12b–2 of the Commission (17 C.F.R. 240.12b–2), to include issuers that have annual revenues of greater than $100,000,000 during the most recently completed fiscal year for which audited financial statements are available and have an aggregated worldwide market value of the voting and non-voting common equity held by its non-affiliates of $250,000,000 or more, but less than $700,000,000, as of the last business day of the issuer’s most recently completed second fiscal quarter. 205. Partnership To Build America (a) American Infrastructure Fund (1) American Infrastructure Fund (A) In general There is established a wholly owned Government corporation to be called the American Infrastructure Fund ( AIF )— (i) which shall be headed by the Board of Trustees established under paragraph (2); (ii) which may have separate sub-accounts or subsidiaries for funds used to make loans, bond guarantees, and equity investments under this subsection and funds used to make bond guarantees under this subsection; (iii) which shall be available to the AIF to pay for the costs of carrying out this subsection, including the compensation of the Board and other employees of the AIF; and (iv) the funds of which may be invested by the Board in such manner as the Board determines appropriate. (B) Deposits to AIF All funds received from bond issuances, loan payments, bond guarantee fees, and any other funds received in carrying out this subsection shall be held by AIF. (C) Limitations The charter of the AIF shall limit its activities to those activities described as the mission of the Board under paragraph (2)(B). (D) Oversight The AIF shall register with the Securities and Exchange Commission and the Secretary shall report to Congress annually as to whether the AIF is fulfilling the mission of the Board under paragraph (2)(B). (E) Treatment of AIF Title 31, United States Code, is amended in each of sections 9107(c)(3) and 9108(d)(2)— (i) by inserting the American Infrastructure Fund, after the Regional Banks for Cooperatives, ; and (ii) by striking those banks and inserting those entities . (2) Board of Trustees (A) In general There is established a Board of Trustees of the AIF (the Board ), which shall be composed of 11 members, of which at least 4 must be risk management experts, as certified by the Board, having substantial experience in bond guarantees or municipal credit. (B) Mission The Mission of the Board is— (i) to operate the AIF and its subsidiaries to be a low cost provider of bond guarantees, loans, and equity investments to State and local governments and non-profit infrastructure providers for both urban and rural non-profit infrastructure projects that provide a positive economic impact and to meet such other standards as the Board may develop; (ii) to operate the AIF in a self-sustaining manner so as to allow the AIF to repay its infrastructure bonds when due; (iii) to not have a profit motive, but seek at all times to pursue its mission of providing low cost bond guarantees and loans while covering its costs, reserves as may be needed, and applying prudent underwriting standards; (iv) to only consider projects put forth by State and local governments and not to seek projects directly; (v) to at all times make clear that no taxpayer money supports the AIF or ever will; and (vi) to engage in no other activities other than those permitted under this subsection. (C) Membership (i) Presidentially appointed members Except as provided under clause (iii), 4 members of the Board shall be appointed by the President, by and with the advice and consent of the Senate, and serve for a term of 7 years. (ii) Additional members Except as provided under clause (iii), 7 members of the Board shall be appointed by the current members of the Board appointed pursuant to this clause or clause (iii)(II), and serve for a term of 7 years. (iii) Initial members The Board shall initially consist of the following members, who shall be appointed not later than the end of the 60-day period beginning on the date that bonds are issued under paragraph (5): (I) Four members, appointed by the President, by and with the advice and consent of the Senate. (II) Seven additional members, appointed one each by the seven entities purchasing the largest amount of bonds (by aggregate face amount of bonds purchased) under paragraph (5). (iv) Staggered terms The members of the Board shall serve staggered terms, with 2 each of the initial members of the Board serving for terms of 4, 5, 6, 7, and 8 years, respectively, and the initial Chair selected under clause (v) serving for 9 years. The decision of which Board members, other than the Chair, serve for which initial terms shall be made by the members of the Board drawing lots. (v) Chair The members of the Board shall choose 1 member to serve as the Chair of the Board for a term of 7 years, except that the initial Chair shall serve for a term of 7 years, as described under clause (iv). (vi) Vacancies Any member of the Board appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed shall be appointed only for the remainder of the term. (vii) Continuation of service Each member of the Board may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed. (viii) Conflicts of interest No member of the Board may have a financial interest in, or be employed by, a Qualified Infrastructure Project ( QIP ) related to assistance provided under this subsection or any entity that has purchased bonds under paragraph (5). Owning municipal credit of any State or local government or owning the securities of a diversified company that engages in infrastructure activities, provided those activities constitute less than 20 percent of the company’s revenues, or investing in broadly held investment funds shall not be deemed to create a conflict of interest. The Board may issue regulations to define terms used under this clause. (D) Compensation The members of the Board shall be compensated at an amount to be set by the Board, but under no circumstances may such compensation be higher than the rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (E) Staff The Board shall employ and set compensation for such staff as the Board determines as is necessary to carry out the activities and mission of the AIF, and such staff may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53, United States Code, relating to classification and General Schedule pay rates. (F) Procedures The Board shall establish such procedures as are necessary to carry out this subsection. (G) Corporate governance standards (i) Board committees generally The Board shall maintain all of the committees required to be maintained by the board of directors of an issuer listed on the New York Stock Exchange as of the date of the enactment of this subsection. (ii) Risk management committee The Board shall maintain a risk management committee, which shall— (I) consist of 4 members of the Board, with the initial 4 members consisting of 2 members appointed under paragraph (3)(C)(i) and 2 members appointed under subparagraph (C)(iii)(II); (II) employ additional staff who are certified by the Board as having significant and relevant experience in insurance underwriting and credit risk management; and (III) establish the risk management policies used by the Board. (iii) Standards The Board shall, to the extent practicable, follow all standards with respect to corporate governance that are required to be followed by the board of directors of an issuer listed on the New York Stock Exchange as of the date of the enactment of this subsection. (3) Infrastructure investment (A) In general The AIF shall provide bond guarantees to debt issued by State and local governments and non-profit infrastructure providers, make loans to States, local governments, and non-profit infrastructure providers, and make equity investments in projects sponsored by State and local governments and non-profit infrastructure provider to help Qualified Infrastructure Projects ( QIPs ). The AIF may not make any loans or provide bond guaranties to for-profit entities. (B) Qualified Infrastructure Projects A project qualifies as a QIP under this subsection if— (i) the project involves the construction, maintenance, improvement, or repair of a transportation, energy, water, communications, or educational facility; and (ii) the recipient of bond guarantees, loans, equity investments, or any other financing technique authorized under this Act provides written assurances prescribed by the AIF that the project will be performed in compliance with the requirements of all Federal laws that would otherwise apply to similar projects to which the United States is a party. (C) Application for assistance (i) In general A State or local government that wishes to receive a loan or bond guarantee under this subsection shall submit an application to the Board in such form and manner and containing such information as the Board may require. (ii) Requirement for non-profit infrastructure providers to apply through State or local governments A non-profit infrastructure provider may only receive a bond guarantee, loan, or equity investment under this subsection if the State or local government for the jurisdiction in which the non-profit infrastructure provider is located submits an application pursuant to clause (i) on behalf of such non-profit infrastructure provider. (D) Limitations on single State awards (i) Annual limitation The Board shall set an annual limit, as a percentage of total assistance provided under this subsection during a year, on the amount of assistance a single State (including local governments and other non-profit infrastructure providers within such State) may receive in assistance provided under this subsection. (ii) Cumulative limitation The Board shall set a limit, as a percentage of total assistance provided under this subsection outstanding at any one time, on the amount of assistance a single State (including local governments and other non-profit infrastructure providers within such State) may receive in assistance provided under this subsection. (E) Loan specifications Loans made under this subsection shall have such maturity and carry such interest rate as the Board determines appropriate. (F) Bond guarantee The Board shall charge such fees for Bond guarantees made under this subsection as the Board determines appropriate. (G) Equity investments With respect to a QIP, the amount of an equity investment made by the AIF in such QIP may not exceed 20 percent of the total cost of the QIP. (H) Public-private partnership requirements At least 25 percent of the assistance provided under this subsection shall be provided to QIPs for which at least 20 percent of the financing for such QIPs comes from private debt or equity. (I) Prohibition on principal forgiveness With respect to a loan made under this subsection, the Board may not forgive any amount of principal on such loan. (4) American Infrastructure Bonds (A) In general The Secretary shall, not later than the end of the 90-day period following the date of the enactment of this subsection and acting through the AIF, issue bonds, to be called American Infrastructure Bonds , the proceeds from which shall be deposited into the AIF. (B) Forms and denominations; interest American Infrastructure Bonds shall— (i) be in such forms and denominations as determined by the Secretary, and shall have a 50-year maturity; and (ii) bear interest of 1 percent. (C) No full faith and credit Interest and principal payments paid to holders of American Infrastructure Bonds shall be paid from the AIF, to the extent funds are available, and shall not be backed by the full faith and credit of the United States. (D) Amount of bonds The aggregate face amount of the bonds issued under this paragraph shall be $50,000,000,000. (E) Sale of American Infrastructure Bonds (i) Competitive bidding process The Secretary shall sell the $50,000,000,000 of American Infrastructure Bonds— (I) through a competitive bidding process that encourages aggressive bidding; (II) in a manner so as to ensure that there are at least 7 different un-affiliated purchasers; and (III) with prospective purchasers bidding on how low of a multiplier they will accept (for purposes of subsection (b)(1) of section 966 of the Internal Revenue Code of 1986) when purchasing the American Infrastructure Bonds, for purposes of applying the foreign earnings exclusion described under that section. (ii) Limitation The multiplier described under clause (i)(III) may not be greater than 6. (F) Reimbursement of costs The Board shall repay the Secretary, from funds in the AIF, for the costs to the Secretary in carrying out this paragraph. (5) Additional bonds (A) In general The Board may issue such other bonds as the Board determines appropriate, the proceeds from which shall be deposited into the AIF. (B) No full faith and credit Interest and principal payments paid to holders of bonds issued pursuant to subparagraph (A) shall be paid from the AIF, to the extent funds are available, and shall not be backed by the full faith and credit of the United States. (6) Definitions For purposes of this subsection— (A) Bond guarantee The term bond guarantee has the meaning given the term loan guarantee under section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (B) Cost With respect to a loan or a bond guarantee, the term cost has the meaning given such term under section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (C) Non-profit infrastructure provider The term non-profit infrastructure provider means a non-profit entity that seeks to finance a QIP. (D) Loan The term loan has the meaning given the term direct loan under section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (E) Secretary The term Secretary means the Secretary of the Treasury. (F) State The term State means each of the several States, the District of Columbia, any territory or possession of the United States, and each federally recognized Indian tribe. (b) Foreign earnings exclusion for purchase of infrastructure bonds (1) In general Subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 966. Foreign earnings exclusion for purchase of infrastructure bonds (a) Exclusion In the case of a corporation which is a United States shareholder and for which the election under this section is in effect for the taxable year, gross income does not include an amount equal to the qualified cash dividend amount. (b) Qualified cash dividend amount For purposes of this section, the term qualified cash dividend amount means an amount of the cash dividends which are received during a taxable year by such shareholder from controlled foreign corporations equal to— (1) the multiplier determined under section 205(a)(4)(E) of the Emergency Unemployment Compensation Extension Act of 2014 for such shareholder, multiplied by (2) the face amount of qualified infrastructure bonds acquired at its original issue (directly or through an underwriter) by such shareholder. (c) Limitations (1) In general The amount of dividends taken into account under subsection (a) for a taxable year shall not exceed the lesser of— (A) the cash dividends received by the taxpayer for such taxable year, or (B) the amount shown on the applicable financial statement as earnings permanently reinvested outside the United States. (2) Dividends must be extraordinary The amount of dividends taken into account under subsection (a) shall not exceed the excess (if any) of— (A) the cash dividends received during the taxable year by such shareholder from controlled foreign corporations, over (B) the annual average for the base period years of the cash dividends received during each base period year by such shareholder from controlled foreign corporations. (3) Reduction of benefit if increase in related party indebtedness The amount of dividends which would (but for this paragraph) be taken into account under subsection (a) shall be reduced by the excess (if any) of— (A) the amount of indebtedness of the controlled foreign corporation to any related person (as defined in section 954(d)(3)) as of the close of the taxable year for which the election under this section is in effect, over (B) the amount of indebtedness of the controlled foreign corporation to any related person (as so defined) as of the close of the preceding taxable year. All controlled foreign corporations with respect to which the taxpayer is a United States shareholder shall be treated as 1 controlled foreign corporation for purposes of this subsection. The Secretary may prescribe such regulations as may be necessary or appropriate to prevent the avoidance of the purposes of this subsection, including regulations which provide that cash dividends shall not be taken into account under subsection (a) to the extent such dividends are attributable to the direct or indirect transfer (including through the use of intervening entities or capital contributions) of cash or other property from a related person (as so defined) to a controlled foreign corporation. (d) Definitions and special rules For purposes of this section— (1) Qualified infrastructure bonds The term qualified infrastructure bond means a bond issued under section 205(a)(4) of the Emergency Unemployment Compensation Extension Act of 2014. (2) Applicable financial statement The term applicable financial statement means, with respect to a taxable year— (A) with respect to a United States shareholder which is required to file a financial statement with the Securities and Exchange Commission (or which is included in such a statement so filed by another person), the most recent audited annual financial statement (including the notes which form an integral part of such statement) of such shareholder (or which includes such shareholder)— (i) which was so filed for such taxable year, and (ii) which is certified as being prepared in accordance with generally accepted accounting principles, and (B) with respect to any other United States shareholder, the most recent audited financial statement (including the notes which form an integral part of such statement) of such shareholder (or which includes such shareholder)— (i) which is certified as being prepared in accordance with generally accepted accounting principles, and (ii) which is used for the purposes of a statement or report— (I) to creditors, (II) to shareholders, or (III) for any other substantial nontax purpose. (3) Base period years (A) In general The base period years are the 3 taxable years— (i) which are among the 5 most recent preceding taxable years ending before the taxable year, and (ii) which are determined by disregarding— (I) 1 taxable year for which the amount described in subsection (c)(2)(B) is the largest, and (II) 1 taxable year for which such amount is the smallest. (B) Shorter period If the taxpayer has fewer than 5 taxable years ending before the taxable year, then in lieu of applying subparagraph (A), the base period years shall include all the taxable years of the taxpayer ending before such taxable year. (C) Mergers, acquisitions, etc (i) In general Rules similar to the rules of subparagraphs (A) and (B) of section 41(f)(3) shall apply for purposes of this paragraph. (ii) Spin-offs, etc If there is a distribution to which section 355 (or so much of section 356 as relates to section 355) applies during the 5-year period referred to in subparagraph (A)(i) and the controlled corporation (within the meaning of section 355) is a United States shareholder— (I) the controlled corporation shall be treated as being in existence during the period that the distributing corporation (within the meaning of section 355) is in existence, and (II) for purposes of applying subsection (c)(2) to the controlled corporation and the distributing corporation, amounts described in subsection (c)(2)(B) which are received or includible by the distributing corporation or controlled corporation (as the case may be) before the distribution referred to in subclause (I) from a controlled foreign corporation shall be allocated between such corporations in proportion to their respective interests as United States shareholders of such controlled foreign corporation immediately after such distribution. Subclause (II) shall not apply if neither the controlled corporation nor the distributing corporation is a United States shareholder of such controlled foreign corporation immediately after such distribution. (4) Dividend The term dividend shall not include amounts includible in gross income as a dividend under section 78, 367, or 1248. In the case of a liquidation under section 332 to which section 367(b) applies, the preceding sentence shall not apply to the extent the United States shareholder actually receives cash as part of the liquidation. (5) Coordination with dividend received deduction No deduction shall be allowed under section 243 or 245 for any dividend which is excluded from income by subsection (a). (6) Controlled groups All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder. (7) Reporting The Secretary shall require by regulation or other guidance the reporting of such information as the Secretary may require to carry out this section. (e) Denial of foreign tax credit; denial of certain expenses (1) Foreign tax credit (A) In general No credit shall be allowed under section 901 for any taxes paid or accrued (or treated as paid or accrued) with respect to the excluded portion of any dividend. (B) Denial of deduction of related tax No deduction shall be allowed under this chapter for any tax for which credit is not allowable by reason of the preceding sentence. (2) Expenses No deduction shall be allowed for expenses directly allocable to the excludable portion described in paragraph (1). (3) Excludable portion For purposes of paragraph (1), unless the taxpayer otherwise specifies, the excludable portion of any dividend or other amount is the amount which bears the same ratio to the amount of such dividend or other amount as the amount excluded from income under subsection (a) for the taxable year bears to the amount described in subsection (c)(2)(A) for such year. (4) Coordination with section 78 Section 78 shall not apply to any tax which is not allowable as a credit under section 901 by reason of this subsection. (f) Election To have section apply A taxpayer may elect to have this section apply for any taxable year. . (2) Clerical amendment The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 966. Foreign earnings exclusion for purchase of infrastructure bonds. . (3) Effective date The amendments made by this section shall apply to dividends received for taxable years ending after the date of the enactment of this Act. 206. Keystone XL pipeline Notwithstanding Executive Order No. 13337 ( 3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required to authorize the construction, connection, operation, and maintenance of border crossing facilities for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P., to the Department of State for the Keystone XL pipeline, for the importation of crude oil to be located at the United States-Canada Border.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4550ih/xml/BILLS-113hr4550ih.xml
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113-hr-4551
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I 113th CONGRESS 2d Session H. R. 4551 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Gibson (for himself and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Forest Legacy Program of the Cooperative Forestry Assistance Act of 1978 to authorize States to allow certain entities to acquire, hold, and manage conservation easements under the program.
1. Short title This Act may be cited as the Forest Legacy Management Flexibility Act . 2. Authority of States to allow qualified organizations to acquire, hold, and manage conservation easements under the Forest Legacy Program Section 7(l) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103c ) is amended by adding at the end the following new paragraph: (4) State authorization (A) In general At the request of a State acting through the State Lead Agency, the Secretary shall authorize the State to allow qualified organizations, as defined in section 170(h)(3) of the Internal Revenue Code of 1986, and organized for one or more of the purposes described in section 170(h)(4)(A) of that Code, to acquire, hold, and manage conservation easements, using funds granted to the State under this subsection, for purposes of the Forest Legacy Program in the State. (B) Eligibility To be eligible to acquire and manage conservation easements under this paragraph, a qualified organization described in subparagraph (A) must demonstrate to the Secretary the abilities necessary to acquire, monitor, and enforce interests in forestland consistent with the Forest Legacy Program and the assessment of need for the State. (C) Reversion If the Secretary, or a State acting through the State Lead Agency, makes any of the determinations described in subparagraph (D) with respect to a conservation easement acquired by a qualified organization under the authority of subparagraph (A)— (i) all right, title, and interest of the qualified organization in and to the conservation easement shall terminate; and (ii) all right, title, and interest in and to the conservation easement shall revert to the State or other qualified designee as approved by the State. (D) Determinations The determinations required for operation of the reversionary interest retained in subparagraph (C) are that— (i) the qualified organization is unable to carry out its responsibilities under the Forest Legacy Program in the State with respect to the conservation easement; (ii) the conservation easement has been modified in a way that is inconsistent with the purposes of the Forest Legacy Program or the assessment of need for the State; or (iii) the conservation easement has been conveyed to another person (other than a qualified organization approved by the State and the Secretary). .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4551ih/xml/BILLS-113hr4551ih.xml
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113-hr-4552
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I 113th CONGRESS 2d Session H. R. 4552 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Himes (for himself, Mr. Carney , Ms. Esty , and Mr. Larson of Connecticut ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To encourage and ensure the use of safe equestrian helmets, and for other purposes.
1. Short title This Act may be cited as the Christen O’Donnell Equestrian Helmet Safety Act of 2013 . 2. Findings The Congress finds the following: (1) Head injuries are the number one reason for hospital admissions of horseback riders and the leading cause of death following a horseback riding injury. (2) Over 100 deaths per year are estimated to result from equestrian related activities, with head injuries accounting for 3 of every 5 of these deaths. (3) Nearly 68,000 people visited the emergency room in 2012 as a result of horseback riding related injuries, with head injuries accounting for 22 percent and concussions accounting for 7 percent of these visits. (4) Horseback riding causes 11.7 percent of sports-related traumatic brain injuries, which is the largest percentage of any recreational sport. (5) Between 2001 and 2009, children under 19 made 3,638 emergency room visits per year for traumatic brain injuries resulting from horseback riding accidents. (6) Between 75 and 80 percent of head injuries occur while physically mounted on a horse—when a rider would normally be wearing his or her helmet. (7) Racing organizations require helmets, and as a result jockeys now sustain fewer head injuries than pleasure riders. (8) The U.S. Pony Clubs lowered head injury rates by 29 percent through mandatory helmet use. (9) Properly fitted ASTM/SEI certified helmets can reduce head injury-related deaths by 70 to 80 percent. 3. Standards (a) In general Every equestrian helmet manufactured on or after the date that is 9 months after the date of enactment of this Act shall meet— (1) the interim standard specified in subsection (b), pending the establishment of a final standard pursuant to subsection (c); and (2) the final standard, once that standard has been established under subsection (c). (b) Interim standard The interim standard for equestrian helmets is the American Society for Testing and Materials (ASTM) standard designated as F1163. (c) Final standard (1) Requirement Not later than 60 days after the date of enactment of this Act, the Consumer Product Safety Commission shall begin a proceeding under section 553 of title 5, United States Code, to— (A) establish a final standard for equestrian helmets that incorporates all the requirements of the interim standard specified in subsection (b); (B) provide in the final standard a mandate that all approved equestrian helmets be certified to the requirements promulgated under the final standard by an organization that is accredited to certify personal protection equipment in accordance with ISO Guide 65; and (C) include in the final standard any additional provisions that the Commission considers appropriate. (2) Inapplicability of certain laws Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply to the proceeding under this subsection, and section 11 of such Act (15 U.S.C. 2060) shall not apply with respect to any standard issued under such proceeding. (3) Effective date The final standard shall take effect not later than 1 year after the date it is issued. (d) Failure To meet standards (1) Failure to meet interim standard Until the final standard takes effect, an equestrian helmet that does not meet the interim standard, required under subsection (a)(1), shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act. (2) Status of final standard The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act. 4. Authorizations of appropriations There is authorized to be appropriated to the Consumer Product Safety Commission to carry out this Act, $500,000 for fiscal year 2014, which amount shall remain available until expended. 5. Definitions In this Act: (1) Approved equestrian helmet The term approved equestrian helmet means an equestrian helmet that meets— (A) the interim standard specified in section 3(b), pending establishment of a final standard under section 3(c); and (B) the final standard, once it is effective under section 3(c). (2) Equestrian helmet The term equestrian helmet means a hard shell head covering intended to be worn while participating in an equestrian event or activity.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4552ih/xml/BILLS-113hr4552ih.xml
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113-hr-4553
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I 113th CONGRESS 2d Session H. R. 4553 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. McKinley (for himself, Mr. Rahall , Mrs. Capito , Mr. Barr , Mr. Murphy of Pennsylvania , Mr. Doyle , Mr. Enyart , and Mr. Cramer ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To authorize appropriations for fossil energy research and development programs at the Department of Energy, and for other purposes.
1. Short title This Act may be cited as the Fossil Energy Encouragement and Accountability Act of 2014 . 2. Findings The Congress finds that— (1) the United States depends on fossil resources for over 80 percent of its energy needs; (2) the Department of Energy’s Fossil Energy Research and Development program focuses on developing affordable, safe, and clean mechanisms to enhance and utilize domestic fossil energy resources in the most efficient manner; (3) the investment in this program supports an existing research and development portfolio of over 1,000 projects that includes nearly $7 billion in private sector-contributed costs and that represents over 55,000 job years; (4) the Fossil Energy Research and Development program is responsible for developing innovative control technologies that are now in operation on three out of every four coal-burning power plants in the United States; (5) as a result of these technology innovations, emissions of criterion pollutants such as sulphur dioxide and nitrogen oxide have decreased by an average of 85 percent, which eliminated problems associated with acid rain; (6) hydraulic fracturing of natural gas shale is a product of research and technological innovations initiated under the Department of Energy’s Fossil Energy Research and Development program; (7) the Fossil Energy Research and Development program is currently developing advanced technologies to support a competitive future for our low-cost coal and gas resources for use in power generation and industrial applications; (8) these advanced technologies will support new power platforms of the future that will be highly efficient, including technologies such as ultra supercritical materials production, advanced gas turbines, gasification platforms that can also enable the expansion of domestic fuels, the liquids and chemical industry, and advanced energy platforms including pressured oxycoal combustion and chemical looping; and (9) it is important that the Department of Energy continue to develop these technologies and have sufficient funds to ensure that a diverse portfolio of options are available to ensure that the United States can compete in a clean energy future, one which will include significant fossil fuel resources. 3. Fossil energy research and development There are authorized to be appropriated to the Secretary of Energy for fiscal year 2015 for fossil energy research and development $734,000,000, of which— (1) $435,000,000 shall be for coal research and development; (2) $171,000,000 shall be for program direction; (3) $100,000,000 shall be for natural gas and oil research and development; (4) $17,000,000 shall be for plant and capital equipment; and (5) $11,000,000 shall be for environmental restoration. 4. National Energy Technology Laboratory None of the funds authorized by section 2 may be used to— (1) transform any element of the National Energy Technology Laboratory into a government-owned, contractor-operated laboratory, or to consider or plan for any such transformation; (2) consolidate or close any element of the National Energy Technology Laboratory; or (3) transfer National Energy Technology Laboratory human resources functions from any laboratory.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4553ih/xml/BILLS-113hr4553ih.xml
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113-hr-4554
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I 113th CONGRESS 2d Session H. R. 4554 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Mulvaney (for himself and Mrs. Wagner ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the securities laws to improve private market offerings, and for other purposes.
1. Short title This Act may be cited as the Restricted Securities Relief Act of 2014 . 2. Improving private market offerings (a) Revisions to regulations The Securities and Exchange Commission shall— (1) revise section 230.144(d)(1)(i) of title 17, Code of Federal Regulations, to change the holding period for restricted securities issued by an issuer that is, and has been for a period of at least 90 days immediately before the sale, subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 from 6 months to 3 months; and (2) revise section 230.144(i) of title 17, Code of Federal Regulations, to permit an issuer of securities that was described under paragraph (1) of such section 230.144(i) that has ceased to be an issuer described under such paragraph to sell such securities (subject to the requirements of such section) after two years has elapsed from the date that the issuer files a Form 8–K with the Commission stating that the issuer is no longer described under paragraph (1) of such section. (b) Covered securities Section 18(b) of the Securities Act of 1933 ( 15 U.S.C. 77r(b) ) is amended by adding at the end the following: (5) Securities offered or sold under Rule 144A A security is a covered security if it is offered or sold in compliance with the conditions set forth in section 230.144A of title 17, Code of Federal Regulations. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4554ih/xml/BILLS-113hr4554ih.xml
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113-hr-4555
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I 113th CONGRESS 2d Session H. R. 4555 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Paulsen (for himself and Mr. Campbell ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to expand and make permanent rules related to investment by nonresident aliens in domestic mutual funds.
1. Exemption for certain dividends paid by regulated investment companies to nonresident aliens expanded and made permanent (a) Exemptions for certain dividends made permanent (1) Interest-related dividends Subparagraph (C) of section 871(k)(1) of the Internal Revenue Code of 1986 is amended by striking clause (v). (2) Capital gain dividends Subparagraph (C) of section 871(k)(2) of such Code is amended by striking clause (v). (b) Expansion of exemption for interest-Related dividends (1) In general Subparagraph (E) of section 871(k)(1) of such Code is amended by striking clauses (iii) and (iv) and inserting the following new clauses: (iii) Any amount referred to in subsection (i)(2)(A) (without regard to the trade or business of the regulated investment company) or in subsection (i)(2)(B). (iv) Any interest which is exempt from tax under section 103 or any other provision of law without regard to the identity of the holder. (v) Any other amount includible in gross income that is determined by reference to an interest rate and that would not be subject to withholding under section 1441 if received by a nonresident alien individual. (vi) Any amount includible in gross income from sources without the United States. (vii) Any qualified income-related dividend includible in gross income with respect to stock of another regulated investment company. . (2) Modification of exceptions Clause (i) of section 871(k)(1)(B) is amended by striking interest (other than interest described in subparagraph (E)(i) or (iii)) and inserting interest described in subparagraph (E)(ii) (and not described in subparagraph (E) (i), (iii), or (iv)) . (3) Conforming amendments (A) Paragraph (1) of section 871(k) of such Code is amended— (i) by striking interest-related dividend each place it appears in the text and inserting qualified income-related dividend , (ii) by striking qualified net interest income each place it appears in the text and inserting qualified net income , (iii) by striking qualified interest income each place it appears in the text and inserting qualified income , (iv) by striking Interest-related dividends in the heading thereof and inserting Qualified income-related dividends , (v) by striking Interest related dividend in the heading of subparagraph (C) and inserting Qualified income-related dividend , (vi) by striking Qualified net interest income in the heading of subparagraph (D) and inserting Qualified net income , and (vii) by striking Qualified interest income in the heading of subparagraph (E) and inserting Qualified income . (B) Paragraph (1) of section 881(e) of such Code is amended— (i) by striking interest-related dividend each place it appears in subparagraphs (A) and (B) and inserting qualified income-related dividend , (ii) by striking interest received in subparagraph (B)(ii) and inserting interest described in clause (ii) of section 871(k)(1)(E) (and not described in clause (i), (iii), or (iv) of such section) received , (iii) by striking interest-related dividend received in subparagraph (C) and inserting qualified income-related dividend received from a regulated investment company , (iv) by striking clause (i) or (iii) in subparagraph (C) and inserting clause (i), (iii), or (iv) , and (v) by striking Interest-related dividends in the heading thereof and inserting Qualified income-related dividends . (c) Effective date The amendments made by this section shall apply to dividends with respect to taxable years of regulated investment companies beginning after December 31, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4555ih/xml/BILLS-113hr4555ih.xml
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113-hr-4556
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I 113th CONGRESS 2d Session H. R. 4556 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Peters of Michigan (for himself, Mr. Levin , Ms. Waters , Mr. Conyers , Mr. Dingell , and Mr. Kildee ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To help small businesses access capital and create jobs by reauthorizing the successful State Small Business Credit Initiative.
1. Short title This Act may be cited as the Small Business Access to Capital Act of 2014 . 2. New Tranches of capital for successful State programs Section 3003 of the Small Business Jobs Act of 2010 ( 12 U.S.C. 5702 ) is amended by adding at the end the following: (d) Additional allocation and competitive awards (1) Definitions In this subsection— (A) the term eligible participating State means a participating State that has certified to the Secretary that the State has expended, transferred, or obligated not less than 80 percent of the second 1/3 of the 2010 allocation transferred to the State under subsection (c)(1)(A)(iii); and (B) the term unused funds means— (i) amounts made available to the Secretary under clause (i)(II) or (ii)(II) of paragraph (2)(E); and (ii) amounts made available to the Secretary under paragraph (4)(B)(ii). (2) Allocation for 2010 participating States (A) Allocation Of the amount made available under paragraph (6)(D), the Secretary shall allocate a total of $500,000,000 among eligible participating States in the same ratio as funds were allocated under the 2010 allocation under subsection (b)(1) among participating States. (B) Application An eligible participating State desiring to receive funds allocated under this paragraph shall submit an application— (i) not later than the later of— (I) June 30, 2015; or (II) the date that is 6 months after the date of enactment of the Small Business Access to Capital Act of 2014 ; and (ii) in such manner and containing such information as the Secretary may require. (C) Availability of allocated amount Notwithstanding subsection (c)(1), after an eligible participating State approved by the Secretary to receive an allocation under this paragraph has certified to the Secretary that the eligible participating State has expended, transferred, or obligated not less than 80 percent of the last 1/3 of the 2010 allocation to the eligible participating State, the Secretary shall transfer to the eligible participating State the funds allocated to the eligible participating State under this paragraph. (D) Use of transferred funds An eligible participating State may use funds transferred under this paragraph for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3). (E) Termination of availability of amounts (i) In general If an eligible participating State has not certified to the Secretary that the State has expended, transferred, or obligated not less than 80 percent of the last 1/3 of the 2010 allocation as of the date that is 2 years after the date on which the Secretary approves the eligible participating State to receive an allocation under this paragraph, any amounts allocated to the eligible participating State under this paragraph— (I) may not be transferred to the eligible participating State under this paragraph; and (II) shall be available to the Secretary to make awards under paragraph (4). (ii) Other amounts Effective on the date that is 2 years after the date of enactment of the Small Business Access to Capital Act of 2014 , any amounts allocated under this paragraph to a participating State that, as of such date, is not an eligible participating State or to an eligible participating State that did not submit an application under subparagraph (B) or was not approved by the Secretary to receive an allocation under this paragraph— (I) may not be transferred to an eligible participating State under this paragraph; and (II) shall be available to the Secretary to make awards under paragraph (4). (3) Competitive funding (A) In general Of the amount made available under paragraph (6)(D), the Secretary may award, on a competitive basis, not more than a total of $1,000,000,000 to participating States and consortiums of participating States for use for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3). (B) Application (i) In general A participating State or consortium of participating States desiring to receive an award under this paragraph shall submit an application— (I) not later than the date established by the Secretary, which shall be not later than the date that is 1 year after the date of enactment of the Small Business Access to Capital Act of 2014 ; and (II) in such manner and containing such information as the Secretary may require. (ii) Number of applications A participating State may submit not more than 1 application on behalf of the participating State and not more than 1 application as part of a consortium of participating States. (iii) States that did not participate A State that is not a participating State may apply to the Secretary for approval to be a participating State for purposes of this paragraph and paragraph (4), in accordance with section 3004. (C) Factors In determining whether to make an award to a participating State or consortium of participating States under this paragraph, the Secretary shall consider— (i) how the participating State or consortium of participating States plan to use amounts provided under the award under the approved State program to— (I) leverage private sector capital; (II) create and retain jobs during the 2-year period beginning on the date of the award; (III) serve businesses that have been incorporated or in operation for not more than 5 years; and (IV) serve low-or-moderate-income communities; (ii) the extent to which the participating State or consortium of participating States will establish or continue a robust self-evaluation of the activities of the participating State or consortium of participating States using amounts made available under this title; (iii) the extent to which the participating State or consortium of participating States will provide non-Federal funds in excess of the amount required under subparagraph (E); and (iv) the extent to which the participating State expended, obligated, or transferred the 2010 allocation to the State. (D) Award of funds (i) First tranche Notwithstanding subsection (c)(1), and not later than 30 days after making an award under this paragraph to a participating State or consortium of participating States, the Secretary shall transfer 50 percent of the amount of the award to the participating State or consortium of participating States. (ii) Second tranche After a participating State or consortium of participating States has certified to the Secretary that the participating State or consortium of participating States has expended, transferred, or obligated not less than 80 percent of the amount transferred under clause (i), the Secretary shall transfer to the participating State or consortium of participating States the remaining amount of the award. (E) State share The State share of the cost of the activities, excluding administrative expenses, carried out using an award under this paragraph shall be not less than 10 percent. The Secretary may determine what contributions by a State qualify as part of the State share of the cost for purposes of this subparagraph. (4) Award of unused funds (A) In general The Secretary may award, on a competitive basis, unused funds to participating States for use for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3). (B) Unused 2010 funds (i) In general The Secretary shall determine whether any amounts allocated to a participating State under subsection (b) shall be deemed no longer allocated and no longer available if a participating State has not certified to the Secretary that the State has expended, transferred, or obligated 80 percent of the second 1/3 of the 2010 allocation by December 31, 2016. (ii) Availability Effective on the date of the determination under clause (i), any amounts identified in the determination that were deemed no longer allocated and no longer available to the participating State shall be available to the Secretary to make awards under this paragraph. (C) Application A participating State desiring to receive an award under this paragraph shall submit an application— (i) not later than 3 months after the date on which funds are deemed no longer allocated and no longer available to any participating State; and (ii) in such manner and containing such information as the Secretary may require. (D) Factors In determining whether to make an award to a participating State under this paragraph, the Secretary shall consider the factors described in paragraph (3)(C). (E) Minimum amount The Secretary may not make an award of less than $5,000,000 under this paragraph. (5) Extension of compliance and reporting Notwithstanding section 3007(d), a participating State that receives funds under paragraph (2), (3), or (4) shall submit quarterly and annual reports containing the information described in section 3007 until the end of the 8-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2014 . (6) Administration and implementation (A) Administrative expenses for participating States A participating State may use not more than 3 percent of the amount made available to the participating State under paragraph (2), (3), or (4) for administrative expenses incurred by the participating State in implementing an approved State program. (B) Contracting During the 1-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2014 , and notwithstanding any other provision of law relating to public contracting, the Secretary may enter into contracts to carry out this subsection. (C) Amounts not assistance Any amounts transferred to a participating State under paragraph (2), (3), or (4) shall not be considered assistance for purposes of subtitle V of title 31, United States Code. (D) Appropriation There are appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $1,500,000,000 to carry out this subsection, including to pay reasonable costs of administering the programs under this subsection, to remain available until expended. (E) Termination of secretary’s program administration functions The authorities and duties of the Secretary to implement and administer the program under this subsection shall terminate at the end of the 8-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2014 . .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4556ih/xml/BILLS-113hr4556ih.xml
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